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INTRODUCTION
Welcome
to the The Big Company, LLC. ("TBC") Internet
websites. TBC operates AC-Evaporator-Cleaner.com and other
websites affiliated with TBC (each, a "TBC Web
Site," and collectively, the "TBC Web
Sites").
1.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
TBC WEB SITE
This
is an agreement ("Agreement") between you and
TBC. This Agreement governs your use of any Web site or
Web page operated by TBC.
TBC
OFFERS THE TBC WEB SITES TO YOU CONDITIONED ON YOUR
ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR
USE OF THE TBC WEB SITES CONSTITUTES YOUR ACCEPTANCE OF
THIS AGREEMENT.
THIS AGREEMENT CONTAINS AN ASSUMPTION OF THE RISK
REQUIREMENT, DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections
8, 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section
9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR
BARGAIN.
2.
TBC MAY MODIFY THIS AGREEMENT
TBC
reserves the right to change the terms, conditions, and
notices under which it offers the TBC Web Sites, including
any charges associated with the use of the TBC Web Sites.
You are responsible for regularly reviewing these terms,
conditions and notices, and any additional terms posted on
any TBC Web Site. Your continued use of the TBC Web Sites
after the effective date of such changes constitutes your
acceptance of and agreement to such changes.
3.
ADDITIONAL TERMS
Any
TBC Web Site may itself contain additional terms (for
example, codes of conduct or guidelines) that further
govern use of that TBC Web Site, including without
limitation, particular features or offers. If any terms
contained in this Agreement conflict with any terms
contained within a TBC Web Site, then the terms in this
Agreement shall control.
4.
NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE TBC WEB
SITES
The
TBC Web Sites are only for your personal use, and TBC
grants you the limited right to view and use the TBC Web
Sites only for the purposes of viewing or playing content
such as games or films, placing product orders, or for
accessing information, software ("Applications")
and services. You may not use the TBC Web Sites for
commercial purposes. You may not use the TBC Web Sites in
any way that is unlawful, or harms TBC, its affiliates,
and/or partners (each, a "TBC Party" and
collectively, the "TBC Parties") or any customer
of a TBC Party, as determined in TBC's sole discretion.
Without limiting the generality of this section, you may
not use the TBC Web Sites in any manner that could damage,
disable, overburden, or impair any TBC Web Site (or the
network(s) connected to any TBC Web Site) or interfere
with any other party's use and enjoyment of the TBC Web
Sites. Further, unless you have received specific written
permission from TBC, you may not (1) "frame" or
otherwise impose editorial comment, commercial material or
any information or content on, or in proximity to, content
displayed on the TBC Web Sites or (2) alter or modify any
content on the TBC Web Sites. Without limiting other
restrictions, you agree not to reproduce, transmit, sell,
or otherwise exploit the TBC Web Sites and/or Applications
for any commercial purpose.
5.
MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For
materials you post or otherwise provide to TBC related to
the TBC Web Sites (a "Submission"), you grant
TBC permission to (1) use, copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
modify, translate and reformat your Submission, each in
connection with the TBC Web Sites, and (2) sublicense
these rights, to the maximum extent permitted by
applicable law. Unless otherwise agreed by TBC in writing,
TBC will not pay you for your Submission. TBC may remove
your Submission at any time. For each Submission, you
represent that you have all rights necessary for you to
make the grants in this section.
6.
SOFTWARE
Your
use of any software associated with the TBC Web Sites will
be governed by the terms and conditions of the end user
license agreement ("EULA") accompanying such
software. If you receive any software that is not
accompanied by a EULA, then TBC grants to you only a
limited license to download and/or use the Application
from a single computer for personal and non-commercial
purposes. Such software is protected by copyright and
other intellectual property laws and treaties. TBC or its
licensors own the title, copyright, and other intellectual
property rights in such software, and such software is
licensed, not sold. You may not make copies of or
distribute the Application or electronically transfer the
Application from one computer to another or over a
network, nor may you separate any content from an
associated Application. You may not decompile, reverse
engineer, disassemble or otherwise reduce the Application
to human perceivable form. You may not rent, lease or
sublicense the Application. You may not create derivative
works of the Application and you may not export the
Application in violation of any U.S. or foreign law, rule
or regulation. TBC reserves all rights to such software
not expressly granted to you in this Agreement.
7.
DIGITAL RIGHTS MANAGEMENT SYSTEMS
Applications
you use or download from the Sites may contain third party
digital rights management systems ("DRMS") which
may allow for communication between your software and the
third party and utilize security features (e.g.,
preventing distribution of or access to the applications
in the event of unauthorized use). These DRMS are subject
to their own license agreements and you agree that TBC
shall not be responsible for any loss or damage of any
sort relating to the use of the DRMS or your dealings with
such third parties. The Applications may also contain DRMS
produced by TBC which allow for communication between the
applications you use or download and our systems and which
collect information describing your computer system in
order to prevent illegal or unauthorized use of the
applications. The DRMS for subscription services and
Applications licensed from the Site may transmit the
following pieces of information, along with other
information, when you either enter a purchase key or sign
in with your subscription service user name and password:
Operating System, CPU Version Information (including
serial number from a serial-number-enabled Pentium III),
BIOS Version Information, NetBIOS Computer Name, DOS HD
Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE
HD Serial Number, Network Card MAC Address, IP Address and
Size of Physical Memory.
8.
TBC MAKES NO WARRANTY
TBC
PROVIDES THE TBC WEB SITES "AS IS," "WITH
ALL FAULTS" AND "AS AVAILABLE," AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE TBC PARTIES MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED. THE TBC PARTIES DISCLAIM ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND
NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3)
WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE TBC
WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4)
LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT
MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE
ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS
AGREEMENT.
9.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
(a)
IF YOU ARE DISSATISFIED WITH THE TBC WEB SITES OR
ASSOCIATED SOFTWARE, YOU DO NOT AGREE WITH ANY PART OF
THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY TBC PARTY WITH RESPECT TO THIS
AGREEMENT OR THE TBC WEB SITES, THEN YOUR SOLE AND
EXCLUSIVE REMEDY IS, AT TBC ' OPTION, (1) TO DISCONTINUE
USE OF THE TBC WEBSITES; (2) SUBSTITUTION OR REPLACEMENT
OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES
RISE TO DAMAGES INCURRED BY YOU; OR (3) REFUND OF THE
AMOUNT THAT YOU PAID TO TBC . YOU AGREE THAT THE DAMAGE
EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY
FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.
(b)
IN NO EVENT WILL ANY TBC PARTY BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF
THE TBC WEB SITES, EVEN IF SUCH TBC PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF
DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR
EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY
FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR IS OTHERWISE
DEEMED UNENFORCEABLE.
(c)
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO
WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2)
BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE
OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS
ARE NOT PROHIBITED BY APPLICABLE LAW.
10.
ASSUMPTION OF RISKS
YOU
ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED
INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS
WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING
IN MULTI-PLAYER GAMES OR VISITING USER FORUMS YOU MAY BE
EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE
LANGUAGE OR REFERENCES. YOU AGREE THAT TBC SHALL
NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT
RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER
OR CONTENT PROVIDER ON THE SITE.
11.
CHANGES TO THE TBC WEB SITES; ADDITIONAL LIABILITY
LIMITATION
THE
TBC PARTIES MAY CHANGE THE TBC WEB SITES OR DELETE
FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the TBC Web Sites, you should expect to
receive, access or use information, materials, graphics,
software, data and content (collectively,
"Content") originated by TBC and persons other
than TBC (any such person is referred to as a "Third
Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS
8, 9, 10, AND 11, YOU ACKNOWLEDGE AND AGREE THAT THE
TBC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY
CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING,
INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE,
DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD
PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT
LIMITING THE GENERALITY OF SECTIONS 8, 9, 10, AND 11,
YOU ACKNOWLEDGE AND AGREE THAT TBC IS NOT RESPONSIBLE OR
LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES
THAT AFFECT YOUR ACCESS TO OR USE OF THE TBC WEB SITES,
(2) ANY INCOMPATIBILITY BETWEEN THE TBC WEB SITES AND
OTHER SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR
FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR
COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION
WITH THE TBC WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR
(4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE
FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE TBC WEB
SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS
8, 9, 10, AND 11 OF THIS AGREEMENT APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT
INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS
PROVIDED TO YOU UNDER APPLICABLE LAW.
12.
TERMINATION; ACCESS RESTRICTION
TBC
may terminate this Agreement, or terminate or suspend your
access to the TBC Web Sites at any time, with or without
cause, with or without notice. Upon such termination or
suspension, your right to use the TBC Web Sites will
immediately cease.
13.
DISPUTE RESOLUTION, CHOICE OF LAW, AND LOCATION FOR
RESOLVING DISPUTES
CHOICE
OF LAW: All Claims or Disputes arising out of or
relating to this Agreement will be adjudicated under the
laws of the State of California, without reference to
conflict of laws principles.
JURISDICTION
AND VENUE: You hereby irrevocably consent to the
exclusive jurisdiction and venue of the state or federal
courts in Los Angeles, California, USA in all Disputes
arising out of or relating to the use of the TBC Web
Sites.
14.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU
AND TBC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE TBC WEB SITES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
15.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If
any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid
or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of this
Agreement will continue in effect. TBC may assign this
Agreement, in whole or in part, at any time with or
without notice to you. You may not assign this Agreement,
or assign, transfer or sublicense your rights, if any, in
the TBC Web Sites. Except as expressly stated herein, this
Agreement constitutes the entire agreement between you and
TBC with respect to the TBC Web Sites and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and TBC
with respect to the TBC Web Sites. The section titles in
the Agreement are solely used for the convenience of the
parties and have no legal or contractual significance.
16.
LINKS; ADVERTISERS
The
TBC Websites contain links to third party sites that are
not under the control of TBC and TBC is not responsible
for any content on any linked site. If you access a third
party site from the TBC Websites, then you do so at your
own risk. TBC provides links only as a convenience and the
inclusion of the link does not imply that TBC endorses or
accepts any responsibility for the content on those third
party sites. Additionally, your dealings with or
participation in promotions of advertisers found on the
TBC Websites, including payment and delivery of goods, and
any other terms (such as warranties) are solely between
you and such advertisers. You agree that TBC shall not be
responsible for any loss or damage of any sort relating to
your dealings with such advertisers.
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