Legal Information

General

Please read these terms of use (the “Terms”) carefully before using the website of Chris Formeister Computer Services and its subsidiaries (collectively “CFCS”).  By accessing, browsing or using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use this website. These Terms govern your use of the website, any content (such as text, data, information, software, graphics or photographs) that CFCS may make available through the website (collectively, “Materials”) and any services that CFCS may provide through the website (collectively, “Services”). The website, Materials and Services are referred to in these terms collectively as the “CFCS Website.”

CFCS reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the CFCS Website. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.

These Terms, together with any additional terms to which you agree when using particular elements of the CFCS Website, constitute the entire and exclusive and final statement of the agreement between you and CFCS with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and CFCS with respect to such subject matter. These Terms and the relationship between you and CFCS shall be governed by the laws of the State of Arizona as applied to agreements made, entered into and performed entirely in Arizona by Arizona residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the CFCS Website shall be brought in the Federal or State courts located in Maricopa County, Arizona, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of CFCS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of CFCS and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the CFCS Website. These Terms will be interpreted without application of any strict construction in favor of or against you or CFCS. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CFCS without restriction.

Use of Software

To the extent that CFCS provides for the download of proprietary CFCS software or open source software from CFCS’s Website (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either CFCS or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.

Linking To CFCS Website

Linking to the CFCS Website (including an internal or subsidiary page of any website comprising a part of the CFCS Website) must be approved in writing by CFCS, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

1.      does not utilize content of the CFCS Website;
2.      does not utilize the CFCS logo;
3.      does not use framing of the CFCS Website;
4.      does not misrepresent an affiliation or other relationship with CFCS;
5.      does not misrepresent any possible endorsement by CFCS;
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7.      is promptly modified to delete the hyperlink upon request by CFCS.

Copyright

Except where otherwise specified, the contents of the CFCS Website are Copyright 1998-2014 Chris Formeister Computer Services. All rights reserved.

The contents of the CFCS Website are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the CFCS Website, except as necessary to view the CFCS Website.

Links to Third Party Sites

Links on the CFCS Website to third-party websites are provided solely for your convenience. If you access those links, you will leave the CFCS Website. CFCS does not endorse or make any representations about such third party websites, and CFCS is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. CFCS does not control those websites, and CFCS is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless CFCS, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the CFCS Website or violation of these Terms. CFCS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CFCS’s defense of such claim, and in no event may you agree to any settlement affecting CFCS without CFCS’s written consent.

Electronic Communications

When you visit the CFCS Website or send e-mails to CFCS, you are communicating with CFCS electronically. We may respond to you by e-mail or by posting notices on the CFCS Website. You agree that all such notices, disclosures and other communications that CFCS provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the CFCS Website is not promised or guaranteed to be correct, current or complete, and the CFCS Website may contain technical inaccuracies or typographical errors. CFCS assumes no responsibility (and expressly disclaims responsibility) for updating the CFCS Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the CFCS Website. CFCS provides no assurances that any reported problems will be resolved by CFCS, even if CFCS elects to provide information with the goal of addressing a problem.

ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE CFCS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. CFCS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CFCS MAKES NO WARRANTY THAT THE CFCS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE CFCS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Limitation of Liability

IN NO EVENT WILL CFCS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE CFCS WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF CFCS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that CFCS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of CFCS’s liability shall be the minimum permitted under such applicable law.

Should you have any questions about this statement, click the "Contact Us" link to the left.


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