FIBEON COMPUTER COMPANY
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 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
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.
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.
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.