User Agreement for POS Technical Services-Operated Web Sites

 

WELCOME TO THIS POS TECHNICAL SERVICES-OPERATED WEB SITE!

We've designed our Web sites to be useful, informative, and fun. We hope we've succeeded -- and we hope you'll let us know how we can make them even better.

All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because when you use our sites, you automatically agree to them.

THANKS FOR VISITING!

RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES

(1) You agree not to re-use material from www.postechnical.com or from any other World Wide Web site operated by POS Technical Services, Inc. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent -- first.

There's one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.

But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual-property rights.

(2) Everything you download -- the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it -- is considered licensed to you by POS Technical Services.

That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you're not allowed to redistribute or sell the material -- or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.



IF YOU SUBMIT MATERIAL TO US...

(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to POS Technical Services through this site become and remain our property, even if this agreement is later terminated.

This means that...


We don't have to treat any such submission as confidential.

You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).

If we use them -- or anything like them -- we don't have to pay you or anyone else for them.

We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.


(2) You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.



LIMITATION OF LIABILITY

It's very important for you to read the next two sections carefully -- so important, in fact, that the law actually requires us to put this material in capital letters.

POS TECHNICAL SERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY...



•USE OF (OR INABILITY TO USE) THE SITES, •USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; •FAILURE OF PERFORMANCE, •ERROR, •OMISSION, •INTERRUPTION, •DEFECT, •DELAY IN OPERATION OR TRANSMISSION, •COMPUTER VIRUS, OR... •LINE FAILURE.



KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...



•DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; •DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); •OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").



FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.



EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.



DISCLAIMER

THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) POS Technical Services DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.

THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...



•THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE. •THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. •THAT DEFECTS WILL BE CORRECTED. •THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. •THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR GUIDELINES CONTAINED IN THE MATERIALS. (WE HAVE NO CONTROL OVER CONDITIONS IN YOUR PARTICULAR COMPUTER OR HOUSEHOLD.)

IN ADDITION TO THE ABOVE, YOU (AND NOT POS TECHNICAL SERVICES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.



ANOTHER DISCLAIMER

We sometimes provide access to other World Wide Web sites from our sites. But we don't endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a POS Technical Services-operated site or have moved to another site.



JURISDICTION

Unless otherwise specified, the materials in our sites are presented to provide information about POS Technical Services and its products.

POS Technical Services controls and operates its sites from the company's headquarters in Placentia, California, in the United States of America. We in no way imply that the materials on the sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported...



(a) into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia); or...

(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.

If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.



TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party.

You may terminate this agreement at any time, by destroying all materials obtained from all POS Technical Services sites, along with all related documentation and all copies and installations.

POS Technical Services may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And POS Technical Services is entitled to terminate all or part of any of its Web sites at any time, without notice to you.



MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT

These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of California (without applying the state's conflict-of-law principles).

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.

POS Technical Services may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

© 2004 POS Technical Services, Inc. All rights reserved.