MicroEVPMS Service Level
Agreement (SLA)
Welcome to the Micro
Technologies (India) Ltd. Web site (MTIL web site). By using the MTIL web
site, you agree to follow and be bound by the following terms and
conditions concerning your use of the MTIL web site ("Terms of Use") and
our Privacy Policy. We may revise the Terms of Use and Privacy Policy at
any time without notice to you.
Areas of the MTIL web
site may have different terms of use posted. If there is a conflict
between the Terms of Use and terms of use posted for a specific area of
the MTIL web site, the later shall have precedence with respect to your
use of that area of the MTIL web site.
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Use of Web MTIL
web site Information You may download, view, copy and print documents and
graphics incorporated in
these documents (the "Documents") from the MTIL
web site subject to the following:
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The
Documents may be used solely for personal, informational, non-commercial
purposes; and -
The Documents may not be
modified or altered in any way. Except where your use constitutes "fair
use" under copyright law, you may not otherwise use, download, upload,
copy, print, display, perform, reproduce, publish, license, post, transmit
or distribute any information from The Web MTIL web site in whole or in
part without the written consent of Micro Technologies (India) Ltd..
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Use of Software Any use of software and
accompanying documentation you download from the MTIL web site is subject
to the terms of a software license agreement between you and Micro
Technologies (India) Ltd.. You must read the license agreement and
indicate your agreement to its terms prior to installing or using the
software. All rights, title and interest not expressly granted are
reserved.
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Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group,
letter to Micro Technologies (India) Ltd., its webmaster or employees, or
e-mail function offered as part of the MTIL web site. You agree not to
upload, email, post, publish or otherwise transmit through a Forum any
content that:
- is false or misleading;
- is defamatory;
- is harassing or invades another's privacy, or promotes bigotry, racism,
hatred or harm against any group or individual;
- is obscene;
- infringes another's rights, including but not limited to intellectual
property rights;
- constitutes unsolicited bulk e-mail, "junk mail ,"
"spam" or chain letters; or
- violates any applicable laws or
regulations.
Forums shall be used in a noncommercial manner only. You
shall not distribute or otherwise publish any content containing a
solicitation of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit other users
of the MTIL web site to use or join or become members of any commercial
online or offline service or other organization. Except where expressly
authorized by Micro Technologies (India) Ltd., you agree not to collect or
store personal data about other users.
By uploading,
emailing, posting, publishing or otherwise transmitting content to any
Forum or submitting any content to Micro Technologies (India) Ltd., you
automatically grant (or warrant that the owner of such rights has
expressly granted) Micro Technologies (India) Ltd. a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, transmit and distribute such content on
in any form, medium, or technology now known or later developed. In
addition, you warrant that all so-called moral rights in the content have
been waived.
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Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are
given to access the MTIL web site, and are fully responsible for all
activities that occur under your password(s). You agree to notify Micro
Technologies (India) Ltd. immediately of any unauthorized use of your
password(s).
Micro Technologies (India) Ltd. is concerned
about the security of personal information we have collected from you and
has taken reasonable steps to prevent unauthorized access to that
information.
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Termination of Use You agree that
Micro Technologies (India) Ltd. may, in its sole discretion, at any time
terminate your access to the MTIL web site and any account(s) you may have
in connection with the MTIL web site. Access to the MTIL web site may be
monitored by Micro Technologies (India) Ltd..
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Third
Party Web MTIL web sites, Content, Products and Services The MTIL web
site provides links to Web MTIL web sites and access to content, products
and services from third parties, including users, advertisers, affiliates
and sponsors of the MTIL web site. You agree that Micro Technologies
(India) Ltd. is not responsible for the availability of, and content
provided on, third party Web MTIL web sites. You should refer to the
policies posted by other Web MTIL web sites regarding privacy and other
topics before you use them. You agree that Micro Technologies (India) Ltd.
is not responsible for third party content accessible through the MTIL web
site, including opinions, advice, statements and advertisements, and
understand that you bear all risks associated with the use of such
content. If you choose to purchase any products or services from a third
party, your relationship is directly with the third party. You agree that
Micro Technologies (India) Ltd. is not responsible for: (a) the quality of
third party products or services; and (b) fulfilling any of the terms of
your agreement with the seller, including delivery of products or services
and warranty obligations related to purchased products or services. You
agree that Micro Technologies (India) Ltd. is not responsible for any loss
or damage of any sort you may incur from dealing with any third
party.
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Disclaimer
EXCEPT WHERE EXPRESSLY
PROVIDED OTHERWISE, THE MTIL WEB SITE, AND ALL CONTENT, MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE MTIL WEB
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICRO
TECHNOLOGIES (INDIA) LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOS AND
NON-INFRINGEMENT. MICRO TECHNOLOGIES (INDIA) LTD. MAKES NO WARRANTY THAT:
- THE MTIL WEB SITE WILL MEET YOUR REQUIREMENTS;
- THE MTIL WEB SITE
WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MTIL WEB
SITE OR ANY SERVICES OFFERED THROUGH THE MTIL WEB SITE WILL BE ACCURATE OR
RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MTIL WEB SITE WILL
MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR
SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MTIL WEB
SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MICRO TECHNOLOGIES (INDIA)
LTD. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE. MICRO TECHNOLOGIES (INDIA) LTD. RESERVES THE
RIGHT TO MAKE CHANGES OR UPDATES TO THE MTIL WEB SITE AT ANY TIME WITHOUT
NOTICE.
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Limitation of Liability
IN NO EVENT SHALL
MICRO TECHNOLOGIES (INDIA) LTD. BE LIABLED FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF,
THE MTIL WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
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Indemnity
You agree to defend,
indemnify and hold harmless Micro Technologies (India) Ltd., its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable attorneys'
fees and costs, arising out of or in any way connected with your access to
or use of the MTIL web site.
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Privacy Policy
Micro Technologies (India) Ltd. is concerned about your privacy and
has developed a policy to address privacy concerns. You can find the
current privacy policy at http://www.microtechnologies.net/
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Note About Children Minors are not
eligible to use the MTIL web site, and we ask that they do not submit any
personal information to us.
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Export
Restrictions/Legal Compliance You may not access, download, use
or export the MTIL web site, or the content, software, products or
services provided on the MTIL web site in violation of INDIAS' export laws
or regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and
regulations of any Indian or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the services
and products of Micro Technologies (India) Ltd. in violation of any such
restrictions, laws or regulations, or without all necessary approvals,
including, without limitation, for the development, design, manufacture or
production of nuclear, chemical or biological weapons of mass
destruction.
As applicable, you shall obtain and bear all
expenses relating to any necessary licenses and/or exemptions with respect
to your own use of the services of Micro Technologies (India) Ltd. outside
India. Neither the services of Micro Technologies (India) Ltd. nor the
underlying information or technology may be downloaded or otherwise
provided or made available, either directly or indirectly, into the
countries subject to Indian trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to anyone
who is on Government of India's restricted list. By agreeing to these
Terms and Conditions of Use, you agree to the foregoing and represents and
warrants that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
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Applicable Laws All matters relating to your access to, and use
of, the MTIL web site shall be governed by Indian. federal law. Any legal
action or proceeding relating to your access to, or use of, the MTIL web
site shall be instituted in a state or federal court in the territory of
India. You and Micro Technologies (India) Ltd. agree to submit to the
jurisdiction of, and agree that venue is proper in, these courts in any
such legal action or proceeding.
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Copyright/Trademark Information Copyright © 1995-2000, Micro
Technologies (India) Ltd. Corporation. All rights reserved. Micro
Technologies (India) Ltd. is a registered trademark of Micro Technologies
(India) Ltd. Corporation. Other names appearing on the MTIL web site may
be trademarks of their respective owners.
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Contact
Information If you have any questions regarding these Terms of
Use, please contact Micro Technologies (India) Ltd. at enquiry@microtechnologies.net.
For more information please visit the site http://www.microtechnologies.net/
ADDENDUM
SLA For Micro Technologies
(I) Ltd. .System generated documents and forms. The system may generate
documents in market standard document formats, to process the same you
will have to install a market standard document processing software on you
machine. The documents are meant for non-commercial and personal use only.
Any modifications made to legal formats or related documents may lead to
rejection of the same. MTIL does not claim any responsibility towards the
same · To execute the software one must comply with the minimum system
requirements which are of the following configuration Operating System
=> Windows 95/98/ME/2000 Professional Hardware Configuration =>
Pentium (minimum Processor speed 233 MHz), 64 MB RAM, 20 MB of Hard Disk
space Supporting Applications => Market standard document processing
software, market standard browser. We recommend you user Ms Office 97 or
above and Internet Explorer 5.0 for the same Internet Connection
(modem, cable, ISDN or any market standard) · MTIL maintains full
ownership over the APPLICATION provided online. MTIL also retains rights
to make changes to the applications as it deems fit. · The user may be
provided with their respective data backups in text format, which can be
viewed in any regular text editor. The backups may be provided on demand
on a chargeable basis. · The system will also maintain native database
backups for the user and keep them in a secured location to facilitate
smooth functionality of the service and also restore the same in case of a
crash or a failure. The frequency and duration of the same is at the
discretion of MTIL. · MTIL does not claim any responsibility for any
failure of SERVICE or down time caused due to the following
consequences. § Natural calamities § Major Power failures at the
host providers end. § Bandwidth slowdown § Virus attacks from other
or allied sites OR any other reasons beyond the control of the
company. · MTIL takes complete responsibility towards the upkeep and
functionality of the MTIL SERVICE Rights Reserved for Micro
Technologies (India) Ltd.
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Terms and Conditions MIcroEVPMS
- User can maintain addressbook
- Edit his/her personal details
- User
can make groups from addressbook contacts and set message for the
group.
- 4. Send reminders to anyone at any time through email or mobile
message.
- 5. Send greetings to anyone at any time through email or
mobile message.
- 6. Set emergency code and use that code to send message
to all users specified for that emergency.
- 7. Reports for pending and
sent messages
Terms and Conditions This service is provided by
MIcroEVPMS. ("We" or "MIcroEVPMS") to you ("you" or "user") ,
subject to the terms of this agreement ("Agreement"), and the rules that
may be published from time to time by MIcroEVPMS. MIcroEVPMS
currently offers services to users who agree to abide by
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the terms and
conditions of this Agreement;
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the privacy policy, and
- any
guidelines posted on the MIcroEVPMS network of sites. MIcroEVPMS
reserves the right to change the nature of this relationship at any time
without notice to you. You may review the most current version of this
Agreement at: http://www.MIcroEVPMS.net/ In
addition, when using particular services of MIcroEVPMS, you shall be
subject to any posted guidelines or rules applicable to such services,
which may be posted by MIcroEVPMS from time to time. All such
guidelines or rules are hereby incorporated by reference into this
Agreement. Users who violate the terms of this Agreement will have their
MIcroEVPMS account ("Account") canceled and they may permanently be
banned from using MIcroEVPMS. ENTERING a page of the MIcroEVPMS site
WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY SITE
OF THE MIcroEVPMS NETWORK.
Service Description
MIcroEVPMS currently provides users with access to a collection of
resources, including, various communications tools, personalized content
and branded programming through its network of properties (the "Service").
Unless explicitly stated otherwise, any new features that augments or
enhances the current Service, including but not limited to the release of
new MIcroEVPMS properties, shall be subject to this Agreement. You
understand and agree that the Service is provided "AS-IS" and that
MIcroEVPMS assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. Unless otherwise stated, all fees on the Service
are quoted in United States Dollars. In order to use the Service, you must
obtain access to the World Wide Web, either directly or through devices
that access web-based content and data, and pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a
computer and modem or other access device. Please be aware that
MIcroEVPMS has created certain areas on the Service that contain adult
or mature content. You must be at least 18 years of age to access and view
such areas. Registration Obligations In consideration of your
use of the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or MIcroEVPMS has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, MIcroEVPMS 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). MIcroEVPMS is concerned about the
safety and privacy of all its users, particularly children. Please
remember that the Service is designed to appeal to a broad audience.
Accordingly, as a legal guardian, it is your responsibility to determine
whether any of the Services and/or Content (as defined in Section 4 below)
is appropriate for your child. You agree to grant MIcroEVPMS a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers), right to exercise the copyright
and publicity rights you have to your Registration Data and any
information you provide to MIcroEVPMS or other users within publicly
accessible areas of the Service or through the messaging service ("Your
Information"), in any media now known or not currently known.
MIcroEVPMS will only use the Registration Data and Your Information in
accordance with MIcroEVPMS Privacy Policy. User Account,
Password, and Security You will receive confirmation of your User ID
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password for your Account, and
are fully responsible for all activities that occur under your password or
Account. You agree to (a) immediately notify MIcroEVPMS of any
unauthorized use of your password or Account or any other breach of
security, and (b) ensure that you exit from your Account at the end of
each session. MIcroEVPMS cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
Conduct of User You understand that all information, data,
text, files, graphics, links, music, photographs, software, sound, video,
messages, communication or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. Accordingly, you, not MIcroEVPMS,
are entirely responsible and liable for all activities conducted through
your Account. SMS does not control the Content posted or transmitted in
any way via the Service and, as such, does not guarantee the accuracy,
integrity, or quality of such Content. You understand that by using this
Service you may be exposed to Content that is offensive, indecent, or
objectionable. Under no circumstances will MIcroEVPMS be liable in any
way for any Content, including but not limited to, any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result
of the user of any Content posted, emailed, sent via SMS or otherwise
transmitted via the Service. Listed below are some, though not all,
violations that may result in MIcroEVPMS terminating your Account. You
agree not to do any of the following actions while using the
Service: Harass, "stalk", threaten, embarrass or cause distress or
discomfort upon another MIcroEVPMS participant, user, or other
individual or entity; Upload, post, email, SMS, or otherwise transmit
via the Service any Content that MIcroEVPMS considers to be unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
hateful, racially, ethnically or otherwise objectionable; Upload, post,
email, SMS, or otherwise transmit any material that contains software
viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit functionality of any computer software or
hardware or telecommunications equipment; >Upload, post, email, SMS, or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright, or
other proprietary rights ("Rights") of any party;Cause any screen in the Service to "scroll" faster than other
users are able to type to it or any action to a similar disruptive effect;
Impersonate in the Service any person, including but not limited to, a
MIcroEVPMS official, forum leader, guide or host; Disrupt the
normal flow of dialogue within the Service or otherwise act in a manner
that negatively affects other participants; Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted via the Service; Collect or store personal data about
other users; Intentionally or unintentionally violate any applicable
local, state, national or international law, including but not limited to
any regulations having the force of law while using or accessing the
Service or in connection with your use of the Service in any manner; and
Post or transmit any unsolicited advertising, promotional materials,
or any other forms of solicitation in the Service. Without limitation,
MIcroEVPMS shall have the right to remove any Content that violates
this Agreement or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by MIcroEVPMS, transmitted through the Service, or
submitted to MIcroEVPMS. You acknowledge and agree that MIcroEVPMS
may preserve Content and may also disclose Content if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety of
MIcroEVPMS, its users and the public. You understand that the technical
processing and transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices. International Use Recognizing the global nature of
the Internet and wireless messaging, you agree to comply with all local
rules regarding online and telecommunication conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside. Public Content Posted on
or via the Service For purposes of this Agreement, "publicly
accessible areas of the Service" are those accessible by the general
public. With respect to Content you elect to post for inclusion in
publicly accessible areas of the Service that consists of photos or other
graphics you elect to post to any other publicly accessible area of the
Service, you grant MIcroEVPMS the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such Content
on the Service solely for the purpose of displaying, distributing and
promoting the specific service of MIcroEVPMS to which such Content was
submitted, or, in the case of photos or graphics, solely for the purpose
for which such photo or graphic was submitted to the Service. This license
exists only for as long as you elect to continue to include such Content
on the Service and shall be terminated at the time you delete such Content
from the Service. With respect to all other Content you elect to post
to other publicly accessible areas of the Service, you grant MIcroEVPMS
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later
developed. Indemnity You agree to indemnify and hold
MIcroEVPMS, and its subsidiaries, affiliates, officers, agents,
customers or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post to or transmit through the
Service, your use of the Service, your connection to the Service, your
violation of this Agreement, or your violation of any rights of another.
No Resale of Service You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service. General
Practices Regarding Use and Storage You acknowledge that MIcroEVPMS
may establish general practices and limits concerning use of the Service,
including without limitation the maximum number of days that messages or
other uploaded Content will be retained by the Service, the maximum number
of messages that may be sent from or received by an account on the
Service, the maximum size of any message that may be sent from or received
by an account on the Service, the maximum disk space that will be allotted
on the MIcroEVPMS servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that MIcroEVPMS has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You further acknowledge that MIcroEVPMS reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice. Service Modifications MIcroEVPMS
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 MIcroEVPMS shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service. Termination You agree that
MIcroEVPMS, in its sole discretion, may terminate your password,
Account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if MIcroEVPMS believes that you have
violated or acted inconsistently with the letter or spirit of this
Agreement. MIcroEVPMS may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of this Agreement may be effected without prior notice, and
acknowledge and agree that MIcroEVPMS may immediately deactivate or
delete your Account and all related information and files in your Account
and/or bar any further access to such files or the Service. Further, you
agree that MIcroEVPMS shall not be liable to you or any third-party for
any termination of your access to the Service. Dealings with
Advertisers and Users Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that
MIcroEVPMS shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service. In addition,
MIcroEVPMS does not regulate user-to-user dealings, therefore, in the
event you have a dispute with one or more users of the Service, You agree
that MIcroEVPMS shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such user or users on the Service. Site
Links and Other Links The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
MIcroEVPMS has no control over such sites and resources, you
acknowledge and agree that MIcroEVPMS is not responsible for the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that MIcroEVPMS 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 such
Content, goods or services available on or through any such site or
resource. Proprietary Rights of MIcroEVPMS You acknowledge
and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by MIcroEVPMS or advertisers, you agree not to copy, modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part. MIcroEVPMS grants you
a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is provided
by MIcroEVPMS for use in accessing the Service.
Disclaimer
of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MIcroEVPMS EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
- MIcroEVPMS MAKES NO WARRANTY THAT
-
THE SERVICE WILL MEET YOUR REQUIREMENTS,
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THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
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THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE,
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THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND
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ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MIcroEVPMS OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights, which vary from state to
state. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND
AGREE THAT MIcroEVPMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MIcroEVPMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
-
THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
-
STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR Some states do not allow the
limitation of liability, so the foregoing limitation may not apply to you.
Special Admonition for Services Relating to Financial Matters
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections. They go twice for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. MIcroEVPMS shall
not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions made based
on such information. Notice Notices to you may be made via
email, SMS (short message service), regular mail, or the Service may also
provide notices of changes to this Agreement or other matters by posting
notices or links to notices generally on the Service. General
Information This Agreement constitutes the entire agreement between
you and MIcroEVPMS and governs your use of the Service, superceding any
prior agreements between you and MIcroEVPMS. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The failure of
MIcroEVPMS to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force
and effect. 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 Service or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. Violations Please report any violations of this
Agreement to enquiry@MIcroEVPMS.net
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