PC & Associates: Terms of Use

Acceptance of terms
By accessing or using this site (www.PCALink.com) in any way, including, without limitation, use of any of the services, or merely browsing the site, you agree to and are bound by the Terms of Use.  PC & Associates makes this Web site (www.PCALink.com), including all information, documents, communications, files, text, graphics, links, products, and services available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may post here from time to time.

PC & Associates reserves the right to change the Terms of Use and other guidelines or rules posted on this site from time to time at its sole discretion.  Your continued use of the site, or any materials or services accessible through the site, after such notice has been posted constitutes your acceptance of the changes.  Your use of the site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on this site at the time of such use.  For your protection, please check periodically the Terms of Use link on our home page to view the then-current terms.  If you breach any of the Terms of Use, your authorization to use this site automatically terminates, and any materials downloaded or printed from the site in violation of the Terms of Use must be immediately destroyed.

Intellectual property; limited license to users
The materials and services on this site, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, and any unauthorized use of the materials or services at this site may violate such laws and the Terms of Use.  Except as provided herein, PC & Associates and its suppliers do not grant any express or implied rights to use the materials and services.  You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the site, its content, or its services or their selection and arrangement, except as expressly authorized herein.  In addition, you agree not to use any data mining, robots, or similar data gathering, and extraction methods in connection with the site.

Use of Services
When using services on this site offered by PC & Associates, you shall be subject to any posted guidelines, rules, or licenses applicable to such services and to the Terms of Use.  Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the materials and services offered by PC & Associates, this site also makes available materials, information, and services provided by third parties.  The third-party materials and services are governed by separate license agreements that accompany such materials and services.  PC & Associates offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party materials and services, including any liability resulting from incompatibility between the third-party services and the materials and services offered by PC & Associates.  You agree that you will not hold PC & Associates responsible or liable with respect to the third-party materials and services or seek to do so.

Use of Content
Except as indicated to the contrary elsewhere on this site, you may view, download, and print the content available on this site subject to the following conditions:

1. The content may be used solely for personal, informational, and internal purposes, and for transacting business with PC & Associates.

2. The content may not be modified or altered in any way.

3. The content on the site may not be distributed or sold, rented, leased, or licensed to others.

4. You may not remove any copyright or other proprietary notices contained in the content.

5. PC & Associates reserves the right to revoke the authorization to view, download, and print the content of this site at any time, and any such use shall be discontinued immediately upon notice from PC & Associates.

The rights granted to you constitute a license and not a transfer of title.

Important exceptions
The rights specified above to view, download, and print the content available on this site are not applicable to the design or layout of this site.  Elements of this site are protected by trade dress and other laws, and may not be copied or imitated in whole or in part.

Trademark information
The trademarks, logos, and service marks displayed on this site are the property of PC & Associates or other third parties.  You are not permitted to use the marks without the prior written consent of PC & Associates or such third party that may own the marks.  PC & Associates logo and the PCALink.com name are service marks of PC & Associates.

License to PC & Associates
For user provided content such as comments forwarded to PC & Associates, bug reports, piracy reports, or product suggestions, you grant PC & Associates an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such content, and you also agree that PC & Associates is free to use any ideas, concepts, know-how, or techniques that you send us for any such purpose without any compensation to you.  However, we will not release your name or otherwise publicize the fact that you submitted such content to us unless: (a) you grant us permission to do so; (b) we first notify you that the content you submit to us will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of PC & Associates or others.

Prohibited communications
You are prohibited from posting or transmitting to or from this site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.  Violation of these restrictions may result in denial of or limitations on access by you to this site.

User conduct
In using the site, including all services and materials available through it, you agree:

1. not to disrupt or interfere with any other user's enjoyment of the site or affiliated or linked sites;

2. not to upload, post or otherwise transmit through the site any viruses or other harmful, disruptive or destructive files;

3. not to create a false identity;

4. not to use or attempt to use another's account, password, service or system without authorization from PC & Associates;

5. not to disrupt or interfere with the security of, or otherwise cause harm to, the site, or any services, materials, system resources, accounts, passwords, servers, or networks connected to or accessible through this site or any affiliated or linked sites.

Managing content and communications
PC & Associates may, but is not obligated to, monitor or review (i) any areas on the site where users transmit or post content, including but not limited to areas where such services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any user provided content.

To the maximum extent permitted by law, PC & Associates will have no liability related to the content provided by users arising under the laws of copyright, libel, privacy, obscenity, or otherwise.  PC & Associates also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user provided content of the site.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND PC & ASSOCIATES OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, PC & ASSOCIATES MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.  PC & ASSOCIATES MAY MAKE CHANGES TO THE MATERIALS AND SERVICES LISTED AT THIS SITE AT ANY TIME WITHOUT NOTICE.  THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND PC & ASSOCIATES MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) PC & ASSOCIATES DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) PC & ASSOCIATES MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) PC & ASSOCIATES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR MATERIALS FROM OR THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  PC & ASSOCIATES ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PC & ASSOCIATES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

International users
This Site can be accessed from countries around the world and may contain references to PC & Associates products, services, and programs that are not available in your country.  These references do not imply that PC & Associates intends to announce such products, services, or programs in your country.

The site is controlled and administered by PC & Associates from its offices within the United States of America. PC & Associates makes no representation that the site, or the services or materials available through it, are appropriate or available for use at other locations outside the United States, and access to the site from territories where the site or any of its services or materials are illegal is prohibited.  If you access the site from a location outside the United States, you are responsible for compliance with all local laws.

Personal information and privacy
To learn about how PC & Associates protects your personal information, such as your name and address, refer to our Privacy Policy.  Except as set forth in the Privacy Policy, the Code of Ethics or in the Terms of Use, your personal information will be deemed to be confidential.  You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of PC & Associates or others, or as stated in our Privacy Policy.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PC & ASSOCIATES, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PC & ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THIS SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Notification of copyright infringement
PC & Associates will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site or on sites linked to from this site, please provide us a notice containing the following elements:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work or works is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the PC & Associates site;
4. information sufficient to permit PC & Associates to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send the claims of copyright infringement to us follows:

By e-mail: legal<at>pcalink.com or using the fax number provided on the Contact Us page.

THE E-MAIL ADDRESS ABOVE SHOULD BE USED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.  ALL OTHER INQUIRIES DIRECTED TO THIS ADDRESS WILL NOT BE RESPONDED TO.  SUCH INQUIRIES SHOULD BE MADE USING THE CONTACT ADDRESSES AND METHODS PROVIDED ON THE Contact Us PAGE.

Indemnity and liability
You agree to indemnify and hold PC & Associates, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the site (including, without limitation, any user provided content or computer viruses), your use of the site, your connection to the site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing law and jurisdiction
This site (excluding linked sites) is controlled by PC & Associates from its offices within the state of Connecticut, United States of America.  By accessing this site, you and PC & Associates agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of Connecticut, without regard to the conflicts of laws principles thereof.  You and PC & Associates also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts having jurisdiction over New Haven County, Connecticut with respect to such matters.

Language
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the site constitute the entire agreement between PC & Associates and you with respect to your use of the site.  If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.  Any failure by PC & Associates to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.  The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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