What This Agreement Covers
Definitions
"Subscriber" means
(a) any person or business entity that buys, downloads, attempts to download, or otherwise utilizes any uniform resource locator (URL) resource that resides entirely upon a server owned/operated by SystemDoctor;
(b) any person or entity that transmits electronic mail, files, or other data transmission into any network owned/operated by SystemDoctor;
(c) any person or business entity linked to a URL resource owned/operated by SystemDoctor; and
(d) any person or entity that contacts SystemDoctor through the use of any telecommunications network.
"SystemDoctor" means SystemDoctor, its successors and assigns.
This Agreement between you, Subscriber and SystemDoctor governs the use, download, and storage of any SystemDoctor website ("Site/URL"), including the sending of any electronic mail communication into the SystemDoctor network, and use of any SystemDoctor resources ("Service(s)" authorizing SystemDoctor to charge your credit/debit card, checking account, and/or telephone invoice. These Services permit Subscribers to perform a number of interactive functions through the use of a personal computer.
Accepting the Agreement
Attempting to buy, download or otherwise utilize SystemDoctor resources you accept this Agreement.
Description of the Services
A. Services for Consumers:
SystemDoctor allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in any SystemDoctor Service, you must be at least 18 years of age; you must populate every field on every form presented to you with accurate data; you must have a valid email address; and you must agree to be bound by this Agreement and/or any other agreement governing your use of the Service and/or particular resource. Your failure to populate every field may result in your waiver of certain rights under this Agreement.
1) Credit/Debit Card Authorization:
By submitting your credit/debit card ("Bank Card") data to SystemDoctor, you authorize SystemDoctor in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement. You agree that once SystemDoctor has approved or declined your transaction, SystemDoctor has fully performed under the terms of this Agreement.
You agree to contact SystemDoctor in the event that you desire to cancel any charge. SystemDoctor may be contacted at: www.systemdoctor.com; Customer Support service is available through support@systemdoctor.com.
If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact SystemDoctor within the below time periods. Upon proper notification, SystemDoctor, in its sole discretion may issue a credit to your Bank Card:
- United States Issued Bank Cards Within 60 days of the transaction.
- International Issued Bank Cards Within 60 days of the transaction.
2) ACH Debit Authorization
By submitting your checking account data to SystemDoctor, you authorize SystemDoctor in its complete discretion to submit a financial transaction(s) to your depository bank for settlement. You agree that once SystemDoctor has approved or declined your transaction, SystemDoctor has fully performed under the terms of this Agreement.
You agree to contact SystemDoctor in the event that you desire to cancel any charge. SystemDoctor may be contacted at: www.systemdoctor.com; Customer Support service is available through support@systemdoctor.com.
If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact SystemDoctor immediately. If you fail to report an unauthorized transaction that appears on a periodic statement within 60 days of your financial institutions transmittal of such a periodic statement, you liability shall not exceed the amount of the unauthorized transactions that occur after the close of the 60 days and before the notice to SystemDoctor. Upon proper notification, SystemDoctor, in its sole discretion may issue a credit to your checking account. SystemDoctor may be contacted at: www.systemdoctor.com; Customer Support service is available through support@systemdoctor.com.
Intellectual Property
A. Online Copyright Infringement Liability Limitation Act.
SystemDoctor and its affiliates respect the intellectual property of others. If you believe that SystemDoctor is hyperlinked to a website that is infringing upon your copyrighted works, you may send a notice to the following email addresses, support@systemdoctor.com.
Your notice should include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
In appropriate circumstances, and in SystemDoctor's reasonable discretion, SystemDoctor shall expeditiously disable access to the interactive service.
SystemDoctor Privacy Policy
SystemDoctor maintains its privacy policy at the following location:
http://www.systemdoctor.com/privacy.html
Subscriber Accounts, Passwords, and Security
Some interactive resources provided to you require a username and password scheme. You are responsible for maintaining the confidentiality and security of your username password, and you are fully responsible for any activity that occurs under your password or account. You agree to immediately notify SystemDoctor of any unauthorized use of your password or account, and ensure that you properly log-off any session that requests resources protected by secure hardware/software schemes. SystemDoctor shall not be liable for any loss or damages arising from your failure to comply with this section.
Subscriber Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, movies, videos, messages, or other materials ("Content") is the property of SystemDoctor or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SystemDoctor and protected by U.S. and international copyright laws. All software used on this site is the property of SystemDoctor and protected by United States and international copyright laws.
You agree not to use any SystemDoctor Service to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, or harassing;
- harm minors in any manner;
- impersonate any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail or material that contains software viruses;
- disrupt the normal flow of data or otherwise interfere with any data communications;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the SEC, NASDAQ, FTC, FBI, or other federal or state agency;
- stalk, or otherwise harass another; or
- collect, or store personal data about other subscribers, without first establishing and enforcing a privacy policy with at least as much protections as the SystemDoctor Privacy Policy.
Software
All Content and software that is made available to view and/or download in connection with the SystemDoctor Site/Service/Software, excluding content and/or software that may be made available by end-users through a non-SystemDoctor controlled resource, is owned by and is the copyrighted work of SystemDoctor and is protected by copyright laws and international treaty provisions. Your use of the Site/Service/Software is governed by the terms of this Agreement, as well as the agreement connected to any SystemDoctor Service. You may not install or use any Site/Service/Software unless you first agree to this Agreement, as well as the agreement connected to the particular SystemDoctor Site/Service/Software.
SystemDoctor grants to you, the Subscriber, a revocable personal, non-transferable license to use the Site/Service/Software as detailed in this Agreement and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the Site/Service/Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Site/Service/Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Site/Service/Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Liability Disclaimer
THIS SITE IS PROVIDED BY SystemDoctor ON AN "AS IS" AND "AS AVAILABLE" BASIS. SystemDoctor MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SystemDoctor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SystemDoctor DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SystemDoctor ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SystemDoctor WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SystemDoctor SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SystemDoctor SITES/SERVICE/SOFTWARE.
Termination/Access Restriction
SystemDoctor reserves the right, in its sole discretion, to terminate your access to any or all SystemDoctor Site/Service/Software and the related services or any portion thereof at any time, without notice.
SystemDoctor may also terminate or suspend your access to SystemDoctor Site/Service/Software for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by SystemDoctor.
Rick of Loss
All items purchased from SystemDoctor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Other Businesses
Parties other than SystemDoctor and its subsidiaries operate stores or sell product lines on this site. In addition, SystemDoctor can provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. SystemDoctor does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
General
By visiting SystemDoctor, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SystemDoctor or its affiliates.
SystemDoctor 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SystemDoctor's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SystemDoctor Sites/Services or information provided to or gathered by SystemDoctor with respect to such use.
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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disputes
Any dispute relating in any way to your visit to SystemDoctor or to products you purchase through SystemDoctor shall be submitted to confidential arbitration in the state of Nevada, except that, to the extent you have in any manner violated or threatened to violate SystemDoctor's intellectual property rights, SystemDoctor may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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