Terms of Use

FIBEON COMPUTER COMPANY

 GENERAL TERMS OF USE

JUNE 2015

 

This General Terms of Use Agreement (“Agreement”) explains your rights and obligations in using thiswebsite (such website, and all activities thereon, constituting “the Online Services”).

Please read this Agreement carefully.  By continuing to use the Online Services, you are agreeing to these General Terms of Use. 

These Terms of Use include important agreements about your rights and the rights of Fibeon Computer Co., including a binding agreement about how to resolve any conflicts between us connected to the Online Services.  See About How We Will Resolve Conflicts Between Us Concerning the Online Services in Section VI below.

These Terms of Use will also govern any Dispute between us in connection with the Fibeon Computer Co. Privacy Policy.

I.          ABOUT AVAILABILITY OF THE ONLINE SERVICES

SOLE CONSIDERATION.  You agree that our sole offer to you in connection with the Online Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Online Services or any component of the Online Services.

SERVICES PROVIDED AS-IS.  You agree to use the Online Services as-is.  UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

ONLINE SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS.  In using the Online Services, you may be provided with the opportunity to upload information, data, or content specific to you (“Account Information” in “an Account”).  Our provision of any such interactivity is an Online Service, and governed by these General Terms of Use.  You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage.

ONLINE SERVICES SUBJECT TO CHANGE.  You agree that we may change or discontinue the Online Services in our sole discretion and without prior notice.  You agree that you will not rely on the continued availability of the Online Services in taking any action, refraining from any action, or entering into any commitment.

CONTENT NOT RETAINED FOREVER.  You agree that any Account you may create via these Online Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity.  Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY.  You agree that unless otherwise specified, any Account Information which you upload or provide via the Online Services may be modified or deleted without prior notice and at Fibeon Computer Co.’s sole discretion.  Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Online Services.

II.        ABOUT YOUR ELIGIBILITY FOR THE ONLINE SERVICES

YOUR AGE.  The Online Services are intended for use by individuals 18 years of age and older.  You are not permitted to use the Online Services, establish an Account, or provide Account Information if you are under 18 years of age.

YOUR LOCATION.  The Websites are intended for use in the United States.  The Online Services are operated by Fibeon Computer Co. from the United States. Fibeon Computer Co. makes no representation that the Online Services are appropriate or available for use in other locations.

III.       ABOUT YOUR RESPONSIBILITY FOR THE ONLINE SERVICES

YOUR LIABILITY.  You are fully responsible for how you use our Online Services.  You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Online Services by you or that occurs because of you.

You Must Keep Your Email Address Up to Date.   If you change your e-mail address or other contact information used by Fibeon Computer Co. to communicate with you electronically, you must notify Fibeon Computer Co. of the change immediately by logging on to the Online Services and updating your Account to reflect the correct email address.

If you do not update or change an incorrect e-mail address or other contact information, you understand and agree that any notices, statements or other communications to you from Fibeon Computer Co. will still be considered to have been provided to you if they were made available to you in electronic form on the Online Services or e-mailed to the e-mail address we have for you in our records.  Fibeon Computer Co. reserves the right, if we choose, to restrict your ability to use the Online Services if Fibeon Computer Co. believes that the e-mail address you provided is incorrect.

IV.       ABOUT INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY.  You acknowledge and agree that Fibeon Computer Co. or its third party licensors own the contents of the Online Services and all copyrights and all other right, title and interest in and to such content, and you agree not to challenge, directly or indirectly, Fibeon Computer Co.’s ownership (or that of its licensors) in and to such content.  Nothing contained in the Online Services or in these General Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any name, logo, trademark or service mark displayed in the Online Services without the written permission of Fibeon Computer Co. or such third party that may own the trademark displayed via the Online Services, and you may not use any name, logo, trademark, or service mark available via the Online Services without prior written approval by Fibeon Computer Co.  Except as expressly permitted in these General Terms of Use, you may not copy, display, distribute, perform, create derivative works of, or otherwise use the Online Services or their content.

VI.       ABOUT HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE ONLINE SERVICES AND THE FIBEON COMPUTER CO. PRIVACY POLICY

SCOPE OF THIS SECTION.  This Section applies solely to claims, actions, and disputes (“Disputes”) connected with Online Services and the Fibeon Computer Co. Privacy Policy.

DISPUTE RESOLUTION — VENUE.  You agree to be subject to the jurisdiction of Pennsylvania.  You agree that any dispute between you and us will be resolved in Pittsburgh, Pennsylvania to the exclusion of any other potential venue.          

NO CLASS ACTIONS; NO JURY TRIAL.  You agree that you will only sue us as an individual in any dispute connected with the Online Services.  You agree that you will not file a class action, or participate in a class action against us.  You agree that you will not join any claim you may have against us with the claim of any third party.  You waive any right to a trial by jury.

BINDING ARBITRATION.  You and we agree that at the election of either party, any dispute between us connected with the Online Services or the Fibeon Computer Co. Privacy Policy may be sent to binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”).  If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.  You and we agree that the arbitrator shall not have any power to consider, hear, entertain, or grant any class arbitration.

STANDARD OF CARE.  You agree that our sole obligation to you in connection with the Online Services is to provide the Online Services as-is.  You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Online Services, we will not be liable to you or to any third party.

LIMITATIONS OF LIABILITY.  If, for any reason, we are judged liable to you in connection with Online Services, the Products, or the Fibeon Computer Co. Privacy Policy, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss.  You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits.  You agree that even if you request these types of damages, a court or arbitrator cannot award them to you.  You understand and agree that the price of the Online Services and / or Products would be significantly higher but for these limitations of liability.

WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES.  You also agree that we are not responsible for anything beyond our control.  For example, we are not liable:  for Online Services interruptions caused by problems with the communications network; for problems caused by any internet service provider; for your computer or its programs failing; for the acts of  hackers / computer attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely.  These are only examples and are not an exhaustive list.

VII.      PRODUCT WARRANTY INFORMATION

PASS THROUGH OF WARRANTY ONLY.  WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES FOR THE COMPUTER PRODUCTS (‘PRODUCTS”) THAT YOU PURCHASE FROM US.  THIS INCLUDES ANY WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WE SPECIFICALLY DISCLAIM ANY SUCH WARRANTIES.  Notwithstanding the foregoing, we will provide to you a pass through of any warranty provided to us by the manufacturer / vendor of the components that are used to build any of the Products that you purchase.  However, your sole remedy will be to pursue the manufacturer / vendor directly for any claims related to any such pass through warranty.

VIII.    ABOUT CHANGES TO THIS AGREEMENT

TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion.  We may terminate this Agreement prior to sending you written notification.  For example, we will terminate the account of any user who threatens or harasses any other user.

AMENDMENTS. We may change the Online Services and this Agreement at any time, in our sole discretion. If you log back into your account after a modification is made, you will be deemed to have accepted the changes to the General Terms of Use.