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AGREEMENT BETWEEN USER
AND TekGuard Online
Guardian
The TekGuard Online
Guardian Web Site is
comprised of various Web
pages operated by
TekGuard Online
Guardian.
The TekGuard Online
Guardian Web Site is
offered to you
conditioned on your
acceptance without
modification of the
terms, conditions, and
notices contained
herein. Your use of the
TekGuard Online Guardian
Web Site constitutes
your agreement to all
such terms, conditions,
and notices.
MODIFICATION OF THESE
TERMS OF USE
TekGuard Online Guardian
reserves the right to
change the terms,
conditions, and notices
under which the TekGuard
Online Guardian Web Site
is offered, including
but not limited to the
charges associated with
the use of the TekGuard
Online Guardian Web
Site.
LINKS TO THIRD PARTY
SITES
The TekGuard Online
Guardian Web Site may
contain links to other
Web Sites (“Linked
Sites”). The Linked
Sites are not under the
control of TekGuard
Online Guardian and
TekGuard Online Guardian
is not responsible for
the contents of any
Linked Site, including
without limitation any
link contained in a
Linked Site, or any
changes or updates to a
Linked Site. TekGuard
Online Guardian is not
responsible for
webcasting or any other
form of transmission
received from any Linked
Site. TekGuard Online
Guardian is providing
these links to you only
as a convenience, and
the inclusion of any
link does not imply
endorsement by TekGuard
Online Guardian of the
site or any association
with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your
use of the TekGuard
Online Guardian Web
Site, you warrant to
TekGuard Online Guardian
that you will not use
the TekGuard Online
Guardian Web Site for
any purpose that is
unlawful or prohibited
by these terms,
conditions, and notices.
You may not use the
TekGuard Online Guardian
Web Site in any manner
which could damage,
disable, overburden, or
impair the TekGuard
Online Guardian Web Site
or interfere with any
other party’s use and
enjoyment of the
TekGuard Online Guardian
Web Site. You may not
obtain or attempt to
obtain any materials or
information through any
means not intentionally
made available or
provided for through the
TekGuard Online Guardian
Web Sites.
USE OF COMMUNICATION
SERVICES
The TekGuard Online
Guardian Web Site may
contain bulletin board
services, chat areas,
news groups, forums,
communities, personal
web pages, calendars,
and/or other message or
communication facilities
designed to enable you
to communicate with the
public at large or with
a group (collectively,
“Communication
Services”), you agree to
use the Communication
Services only to post,
send and receive
messages and material
that are proper and
related to the
particular Communication
Service. By way of
example, and not as a
limitation, you agree
that when using a
Communication Service,
you will not:
- Defame, abuse,
harass, stalk,
threaten or
otherwise violate
the legal rights
(such as rights of
privacy and
publicity) of
others.
- Publish, post,
upload, distribute
or disseminate any
inappropriate,
profane, defamatory,
infringing, obscene,
indecent or unlawful
topic, name,
material or
information.
- Upload files
that contain
software or other
material protected
by intellectual
property laws (or by
rights of privacy of
publicity) unless
you own or control
the rights thereto
or have received all
necessary consents.
- Upload files
that contain
viruses, corrupted
files, or any other
similar software or
programs that may
damage the operation
of another’s
computer.
- Advertise or
offer to sell or buy
any goods or
services for any
business purpose,
unless such
Communication
Service specifically
allows such
messages.
- Conduct or
forward surveys,
contests, pyramid
schemes or chain
letters.
- Download any
file posted by
another user of a
Communication
Service that you
know, or reasonably
should know, cannot
be legally
distributed in such
manner.
- Falsify or
delete any author
attributions, legal
or other proper
notices or
proprietary
designations or
labels of the origin
or source of
software or other
material contained
in a file that is
uploaded.
- Restrict or
inhibit any other
user from using and
enjoying the
Communication
Services.
- Violate any code
of conduct or other
guidelines which may
be applicable for
any particular
Communication
Service.
- Harvest or
otherwise collect
information about
others, including
e-mail addresses,
without their
consent.
- Violate any
applicable laws or
regulations.
TekGuard Online Guardian
has no obligation to
monitor the
Communication Services.
However, TekGuard Online
Guardian reserves the
right to review
materials posted to a
Communication Service
and to remove any
materials in its sole
discretion. TekGuard
Online Guardian reserves
the right to terminate
your access to any or
all of the Communication
Services at any time
without notice for any
reason whatsoever.
TekGuard Online Guardian
reserves the right at
all times to disclose
any information as
necessary to satisfy any
applicable law,
regulation, legal
process or governmental
request, or to edit,
refuse to post or to
remove any information
or materials, in whole
or in part, in TekGuard
Online Guardian’s sole
discretion.
Always use caution when
giving out any
personally identifying
information about
yourself or your
children in any
Communication Service.
TekGuard Online Guardian
does not control or
endorse the content,
messages or information
found in any
Communication Service
and, therefore, TekGuard
Online Guardian
specifically disclaims
any liability with
regard to the
Communication Services
and any actions
resulting from your
participation in any
Communication Service.
Managers and hosts are
not authorized TekGuard
Online Guardian
spokespersons, and their
views do not necessarily
reflect those of
TekGuard Online
Guardian.
Materials uploaded to a
Communication Service
may be subject to posted
limitations on usage,
reproduction and/or
dissemination. You are
responsible for adhering
to such limitations if
you download the
materials.
MATERIALS PROVIDED TO
TekGuard Online Guardian
OR POSTED AT ANY
TekGuard Online Guardian
WEB SITE
TekGuard Online Guardian
does not claim ownership
of the materials you
provide to TekGuard
Online Guardian
(including feedback and
suggestions) or post,
upload, input or submit
to any TekGuard Online
Guardian Web Site or its
associated services
(collectively
“Submissions”). However,
by posting, uploading,
inputting, providing or
submitting your
Submission you are
granting TekGuard Online
Guardian, its affiliated
companies and necessary
sublicensee's permission
to use your Submission
in connection with the
operation of their
Internet businesses
including, without
limitation, the rights
to: copy, distribute,
transmit, publicly
display, publicly
perform, reproduce,
edit, translate and
reformat your
Submission; and to
publish your name in
connection with your
Submission.
No compensation will be
paid with respect to the
use of your Submission,
as provided herein.
TekGuard Online Guardian
is under no obligation
to post or use any
Submission you may
provide and may remove
any Submission at any
time in TekGuard Online
Guardian’s sole
discretion.
By posting, uploading,
inputting, providing or
submitting your
Submission you warrant
and represent that you
own or otherwise control
all of the rights to
your Submission as
described in this
section including,
without limitation, all
the rights necessary for
you to provide, post,
upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE
TekGuard Online Guardian
WEB SITE MAY INCLUDE
INACCURACIES OR
TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION
HEREIN. TekGuard Online
Guardian AND/OR ITS
SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR
CHANGES IN THE TekGuard
Online Guardian WEB SITE
AT ANY TIME. ADVICE
RECEIVED VIA THE
TekGuard Online Guardian
WEB SITE SHOULD NOT BE
RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT
AN APPROPRIATE
PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
TekGuard Online Guardian
AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY,
RELIABILITY,
AVAILABILITY,
TIMELINESS, AND ACCURACY
OF THE INFORMATION,
SOFTWARE, PRODUCTS,
SERVICES AND RELATED
GRAPHICS CONTAINED ON
THE TekGuard Online
Guardian WEB SITE FOR
ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL
SUCH INFORMATION,
SOFTWARE, PRODUCTS,
SERVICES AND RELATED
GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY
OR CONDITION OF ANY
KIND. TekGuard Online
Guardian AND/OR ITS
SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH
REGARD TO THIS
INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND
RELATED GRAPHICS,
INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS
OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL
TekGuard Online Guardian
AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED
WITH THE USE OR
PERFORMANCE OF THE
TekGuard Online Guardian
WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE
TekGuard Online Guardian
WEB SITE OR RELATED
SERVICES, THE PROVINFOON
OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY
INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND
RELATED GRAPHICS
OBTAINED THROUGH THE
TekGuard Online Guardian
WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE
OF THE TekGuard Online
Guardian WEB SITE,
WHETHER BASED ON
CONTRACT, TORT,
NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE,
EVEN IF TekGuard Online
Guardian OR ANY OF ITS
SUPPLIERS HAS BEEN
ADVISED OF THE
POSSIBILITY OF DAMAGES.
BECAUSE SOME
STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION
OR LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY
PORTION OF THE TekGuard
Online Guardian WEB
SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE
USING THE TekGuard
Online Guardian WEB
SITE.
SERVICE CONTACT :
310-392-8780
TERMINATION/ACCESS
RESTRICTION
TekGuard Online Guardian
reserves the right, in
its sole discretion, to
terminate your access to
the TekGuard Online
Guardian Web Site and
the related services or
any portion thereof at
any time, without
notice. GENERAL To the
maximum extent permitted
by law, this agreement
is governed by the laws
of the State of
Washington, U.S.A. and
you hereby consent to
the exclusive
jurisdiction and venue
of courts in King
County, Washington,
U.S.A. in all disputes
arising out of or
relating to the use of
the TekGuard Online
Guardian Web Site. Use
of the TekGuard Online
Guardian Web Site is
unauthorized in any
jurisdiction that does
not give effect to all
proVINFOons of these
terms and conditions,
including without
limitation this
paragraph. You agree
that no joint venture,
partnership, employment,
or agency relationship
exists between you and
TekGuard Online Guardian
as a result of this
agreement or use of the
TekGuard Online Guardian
Web Site. TekGuard
Online Guardian’s
performance of this
agreement is subject to
existing laws and legal
process, and nothing
contained in this
agreement is in
derogation of TekGuard
Online Guardian’s right
to comply with
governmental, court and
law enforcement requests
or requirements relating
to your use of the
TekGuard Online Guardian
Web Site or information
provided to or gathered
by TekGuard Online
Guardian with respect to
such use. If any part of
this agreement is
determined to be invalid
or unenforceable
pursuant to applicable
law including, but not
limited to, the warranty
disclaimers and
liability limitations
set forth above, then
the invalid or
unenforceable proVINFOon
will be deemed
superseded by a valid,
enforceable proVINFOon
that most closely
matches the intent of
the original proVINFOon
and the remainder of the
agreement shall continue
in effect. Unless
otherwise specified
herein, this agreement
constitutes the entire
agreement between the
user and TekGuard Online
Guardian with respect to
the TekGuard Online
Guardian Web Site and it
supersedes all prior or
contemporaneous
communications and
proposals, whether
electronic, oral or
written, between the
user and TekGuard Online
Guardian with respect to
the TekGuard Online
Guardian Web Site. A
printed version of this
agreement and of any
notice given in
electronic form shall be
admissible in judicial
or administrative
proceedings based upon
or relating to this
agreement to the same
extent an d subject to
the same conditions as
other business documents
and records originally
generated and maintained
in printed form. It is
the express wish to the
parties that this
agreement and all
related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the
TekGuard Online Guardian
Web Site are: Copyright
© 2005 TekGuard Online
Guardian and/or its
suppliers. All rights
reserved.
TRADEMARKS
The names of actual
companies and products
mentioned herein may be
the trademarks of their
respective owners.
The example companies,
organizations, products,
people and events
depicted herein are
fictitious. No
association with any
real company,
organization, product,
person, or event is
intended or should be
inferred.
Any rights not expressly
granted herein are
reserved.
NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17,
United States Code,
Section 512(c)(2),
notifications of claimed
copyright infringement
under United States
copyright law should be
sent to Service
Provider’s Designated
Agent. ALL INQUIRIES NOT
RELEVANT TO THE
FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See
Notice and Procedure for
Making Claims of
Copyright Infringement.
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