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Terms Of Use Agreement |
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S-CUBED.BIZ
TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE
AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web site: STATIC
SOFTWARE SOLUTIONS, L.L.C., a Texas limited liability company ("SSS,
L.L.C."). All references to "us", "this web site" or "this site" shall
be construed to mean SSS, L.L.C.. If the user is not an individual,
then "You" means Your company, its officers, members, agents,
successors and assigns.
2. Assent To Terms of Use And Amendment. SSS, L.L.C. grants a
non-exclusive, non-transferable, and revocable license to You and
provides the services available at this site to You subject to the
following terms and conditions. THESE TERMS AND CONDITIONS MAY BE
AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW
THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT
THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE,
GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF
THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH SSS,
L.L.C. ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM
TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO
THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY
ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE
TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS
SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE
THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement between You and
SSS, L.L.C., and except for any separate license agreement for
software and/or content, this terms of use agreement supersedes any
and all prior and existing agreements, whether oral or in writing,
between You and SSS, L.L.C. with respect to the subjects addressed
herein and constitutes the entire agreement between the parties with
respect to those subjects. Except for any separate license agreement
for software and/or content, You acknowledge that neither SSS, L.L.C.
nor anyone on SSS, L.L.C.'s behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You
relating to the subjects addressed by this terms of use agreement that
are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation
of another's computer; (ii) not to interfere or disrupt this site or
any networks connected to this site; (iii) not to use any device,
software or routine or attempt to interfere with the proper
functioning of this site or any transactions being offered at this
site; (iv) not to take any action that imposes an unreasonable or
disproportionately large load on SSS, L.L.C.'s infrastructure; (v) not
to use this site to collect or harvest personal information,
including, without limitation, financial information, about other
participants at this site; and (vi) not to impersonate any person or
entity or falsely state or otherwise misrepresent Your affiliation
with a person or entity. You agree not to use the services, products,
or downloads available at this site for illegal purposes, and to
comply with all regulations, policies and procedures of networks
connected to this site.
5. Compliance with Laws. You shall comply with all applicable laws and
regulations of the United States and foreign authorities (including,
but not limited to United States trade restriction laws, export laws
or license requirements and laws regarding the sale or transport of
hazardous materials, and laws regarding the transmission of technical
data, including without limitation encryption, exported from the
United States through the services available at this site) relating to
any service, product, or download associated with this site.
6. Separate License Agreement(s). You may acquire software and/or
content from SSS, L.L.C. by download from this site, or otherwise
directly from SSS, L.L.C.. You agree that your use of such software
and/or content shall be strictly in accordance with the applicable
license agreement(s).
7. Registration Data And Privacy. Registration may be required for you
to download from this site, or for your participation in certain
services offered at this site. You must provide certain current,
complete, and accurate information about You as prompted to do so by
the registration form ("Registration Data"), and maintain and update
such registration information as required to keep such information
current, complete and accurate. You warrant that your Registration
Data is accurate and current, and that You are authorized to provide
such Registration Data. You authorize us to verify your Registration
Data at any time. If any Registration Data that You provide is untrue,
inaccurate, not current or incomplete, SSS, L.L.C. retains the right,
in its sole discretion, to suspend or terminate rights to use the
services. Registration Data and certain other information about You is
subject to our Privacy Policy which may be accessed from the S-cubed.biz
home page. Solely to enable SSS, L.L.C. to use information You supply
us internally, so that we are not violating any rights You might have
in that information, You grant to SSS, L.L.C. a nonexclusive license
to (i) convert such information into digital format such that it can
be read, utilized and displayed by SSS, L.L.C.'s computers or any
other technology currently in existence or hereafter developed capable
of utilizing digital information, and (ii) combine the information
with other content provided by SSS, L.L.C., in each case by any method
or means or in any medium whether now known or hereafter devised.
8. Registration By Children Under The Age of 13 Is Not Permitted.
REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A
USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH S-CUBED.BIZ, WE
SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT
COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
9. Copyrights. The copyright in all material provided on this site is
owned by SSS, L.L.C. or by SSS, L.L.C.'s licensor(s). You acknowledge
and agree that this site contains proprietary information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that information presented to You
through this site, including text, graphics, logos, icons, images and
software, and the arrangement and compilation of such content, are the
property of SSS, L.L.C. or its content suppliers and is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. SSS, L.L.C. does not grant any license or
authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of SSS, L.L.C. or the copyright
owner. However, You may print a copy of the information on this site
for Your personal, non-commercial internal use or records. In so
doing, You may not modify the materials and You agree to retain all
copyright and other proprietary notices contained in the materials.
This permission does not give You any ownership rights in the
information and terminates automatically if You breach any of these
terms or conditions. If You make any other use of this site, except as
otherwise provided herein, You may violate copyright and other laws of
the United States, other countries, as well as applicable state laws
and may be subject to penalties.
10. Links. This site may provide links to other Internet sites. SSS,
L.L.C. is not responsible for the availability of such other sites and
does not endorse and is not responsible or liable for any content,
products or other materials available on such other sites. Links to
external web sites do not constitute an endorsement by SSS, L.L.C. of
those sites or the sponsors of such sites or the content, products,
advertising or other materials presented on such sites. Further, SSS,
L.L.C. reserves the right to terminate any link or linking program at
any time. SSS, L.L.C. does not author, edit, or monitor these
unofficial pages or links. You further acknowledge and agree that SSS,
L.L.C. shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any information, goods or services
available on or through any such site. If You decide to access any of
the third party sites linked to this site, You do this entirely at
Your own risk.
11. Participation In Promotions Of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers
promoting their products or services on this site ("Advertisers"). You
acknowledge and agree that any such correspondence or participation,
including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between You and
Advertiser. S-cubed.biz shall have no liability, obligation or
responsibility whatsoever arising out of or in connection with any
such correspondence or participation or transactions.
12. Monitoring. You acknowledge that SSS, L.L.C. or its designees
reserves the right to, and may from time to time, monitor any and all
activity or information transmitted or received through this site. SSS,
L.L.C., in its sole discretion and without further notice to You, may
(but is not obligated to) review, censor or prohibit any activity or
the transmission or receipt of any Information which SSS, L.L.C. deems
inappropriate (such as that specified in above) or that violates any
term or condition of this agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes.
Use of this site, authorized or unauthorized, constitutes consent to
such monitoring. Unauthorized uses and unauthorized users of this site
will be prosecuted to the full extent of the law.
13. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS
SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE
AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED
THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM SSS, L.L.C.
AND ITS INFORMATION PROVIDERS, SSS, L.L.C. AND ITS AFFILIATES AND
CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER
THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF
THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON
THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, EACH OF SSS, L.L.C. AND SSS, L.L.C.'S AFFILIATES AND CONTENT
PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE
FOREGOING, NONE OF SSS, L.L.C. NOR SSS, L.L.C.'S AFFILIATES OR CONTENT
PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON
THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR
INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE,
OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SSS, L.L.C. OR THROUGH THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITED LIABILITY. SSS, L.L.C. AND ALL OF SSS, L.L.C.'s AFFILIATES
AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES
SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE,
ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF
THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY
STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS
SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE
IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE
LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO SSS, L.L.C., IF ANY,
FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
15. Indemnity. You shall indemnify, defend, and hold harmless SSS,
L.L.C. and its content providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and assigns, from
any suits, losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may sustain or
incur arising from (i) Your use of the software available at or
downloaded from this site, (ii) Your failure to comply with any
applicable laws and regulations (including without limitation those
regarding the export of products or technology abroad) or to obtain
any licenses or approvals from the appropriate government agencies
necessary to purchase or sell the subject goods and services, (iii)
Your use of the content available on this site in any way contrary to
this agreement (d) Your breach of any of Your representations,
warranties or obligations set forth in this agreement, (iv) the sale,
purchase, transportation, delivery, use or disposal of any SSS, L.L.C.
service, product, or download associated with this site or available
through other sites, or any loss suffered by or harm to any person or
property in any way relating to of caused in whole or in part by Your
use of this site or any service, product, or download associated with
this site (including, without limitation, any personal injuries or
death of any third person caused in whole or in part by such products
or services, the use, transportation, delivery, storage, handling or
release thereof), and (v) any taxes attributable to the relating to
any service, product, or download associated with this site.
16. Beneficiaries of this Agreement; No Other Agreements. The rights
and limitations in this agreement are for the benefit of SSS, L.L.C.
and each of SSS, L.L.C.'s content providers, each of which shall have
the right to enforce its rights hereunder directly and on its own
behalf.
17. Termination. You agree that SSS, L.L.C. may, at its sole
discretion, deny You access to the site and disable any user name and
password associated with You for any reason, including, without
limitation, if SSS, L.L.C. believes that You have violated or acted
inconsistently with the letter or spirit of this agreement. SSS,
L.L.C. reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the services offered under
this site (or any part thereof) with or without notice. You agree that
SSS, L.L.C. shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the services offered
under this site.
18. Consumer Rights. SSS, L.L.C. maintains specific contact
information including an e-mail address for notifications of
complaints and for inquiries regarding pricing policies. All
correspondence should be addressed to SSS, L.L.C.'s agent for notice
at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
Static Software Solutions, L.L.C.
2403 Cranberry Cove
Cedar Park, TX, 78613
Contact: Steven Saxer - email: ssaxer@s-cubed.biz
Telephone:512-336-0339
Facsimile:512-336-0339
You may contact SSS, L.L.C. with complaints and inquiries regarding
pricing and SSS, L.L.C. will investigate those matters and respond to
the inquiries.
19. Controlling Law. This Agreement shall be construed under the laws
of the State of Texas, USA, excluding rules regarding conflicts of
law. The application the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
20. Jurisdiction And Venue. You and SSS, L.L.C. agree to submit to the
exclusive personal jurisdiction of the courts of Williamson County in
the State of Texas, USA in all legal proceedings arising under this
Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU
AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
Last Update: September, 26, 2002.
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