Terms of Services
THIS AGREEMENT (“AGREEMENT”) GOVERNS YOUR 30-DAY FREE TRIAL OF THE SERVICES.
IF YOU PURCHASE OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN YOUR PURCHASE AND ONGOING USE OF THOSE SERVICES.
BY ACCEPTING THIS AGREEMENT BY CLICKING ON THE SUBMIT BUTTON INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
1. Term of Agreement
This Agreement ("Agreement") is by and between C3Tech Inc. ("C3Tech") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement as well as any additional C3Tech policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and C3Tech concerning Your use of C3Tech's Software, Product and Services, and supersede and govern all prior proposals, agreements, or other communications.
C3Tech provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular C3Tech owned or operated services, you and C3Tech shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Privacy Policy ) are hereby incorporated by reference into the TOS. C3Tech may also offer other services that are governed by different Terms of Service.
C3Tech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that C3Tech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2. Accurate information
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States , the State of California and other applicable jurisdiction. You also agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(c) If you provide any information that is untrue, inaccurate, not current or incomplete, or C3Tech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, C3Tech has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
(d) Notify C3Tech within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by C3Tech to determine the validity of information provided by You will constitute a material breach of this Agreement.
4. Intellectual property
You understand and agree that all content and materials contained in this Agreement, other policies, the C3Tech Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that C3Tech or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of C3Tech or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Service (including your FRS ID and user data), use of the Service, or access to the Service.
C3Tech provides this Software "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
5. Limitation of Liability
IN NO EVENT SHALL C3Tech BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF C3Tech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, C3Tech's liability is limited to the full extent permitted by law. You agree that in no event shall C3Tech's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute provide from C3Tech.
6. Privacy Policy
You can view C3Tch's Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company's responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
7. Trade Mark
The C3Tech logo, C3Tech trademarks and service marks and other C3Tech related logos and product and service names are trademarks of C3Tech Inc. Without C3Tech Inc. prior permission, you agree not to display or use in any manner the C3Tech Marks.
8. Notices
You agree that all notices (except for notices concerning breach of this Agreement) from C3Tech to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with C3Tech. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notice of claims of copyright or other intellectual property infringement can be reached at follows address:
C3Tech Inc.
P. O. Box 52683
Riverside , CA 92517
Email: info@theC3Tech.com
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and C3Tech regarding the Services contemplated herein.
10. Waiver
The failure of C3Tech to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of C3Tech thereafter to enforce such provisions.
20. FORCE MAJEUREC3Tech will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold C3Tech liable for any of the consequences of such interruptions.