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/home/develito/www/components/com_extrawatch/TERMS_AND_CONDITIONS.txt
Effective from 10.1.2017 Please read carefully BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO ExtraWatch®’S PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services. Changes to Terms and Conditions ExtraWatch® and its vendors may change the terms and conditions at any time. When such change happens, you will be propted to accept the changed terms and conditions Disclaimers and Limitations on Liability The information presented by ExtraWatch® software can contain errors or inaccuracies. ExtraWatch® and its vendors is not responsible for the accurracy or availability of the information. Disclaimers of Warranties ExtraWatch® and its vendors do not represent or warrant that: - the Services will be error-free or accessible at particular times - defects will be corrected - the Services, or the server(s) that makes it available, are free of viruses or other harmful components - use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable - you specifically agree that ExtraWatch® and its vendors shall not be responsible for unauthorized access to or alteration of your data THE SERVICES, THE ExtraWatch® TECHNOLOGY AND SERVICE, THE ExtraWatch® SCRIPT AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ExtraWatch® EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE ExtraWatch® SCRIPT, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ExtraWatch® DOES NOT WARRANT THAT THE SERVICES, THE ExtraWatch® SCRIPT OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL. Limitation on Liability ExtraWatch® AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ExtraWatch® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL ExtraWatch®’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO ExtraWatch® FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Security ExtraWatch® account is protected by a username and password. It should be accessed only by you or authorized 3rd parties. You must log off when you stop using ExtraWatch® and protect your account against unauthorized access. ExtraWatch® and its vendors has implemented reasonable security mechanisms, uses several ways to proctect the service and data - such as encryption, usage of SSL certificates and so on, however, please keep in mind that no security system is impenetrable, ExtraWatch® and its vendors cannot fully guarantee the security of such information and and is not responsible for unauthorized access to your account or client Data and implications that might be a result of such data breach. Restrictions on Use You shall not use, or allow the use of, the ExtraWatch® Technology and Service, except pursuant to the limited rights expressly granted in this Agreement; - use the ExtraWatch® Technology and Service in any manner that is inconsistent with ExtraWatch®’ standard security procedures, if any, accessible through your user interface - reverse engineer, hack or compromise any aspect of the ExtraWatch® Technology and Service, or attempt to access data or account information of any other customer of ExtraWatch® - use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the ExtraWatch® Technology and Service - use ExtraWach services with libelous, defamatory, indecent, obscene, abusive or pornographic content, data, image or program - use the ExtraWatch® services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others - you will not use ExtraWatch® services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations - you will not use ExtraWatch® services or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights Termination ExtraWatch® reserves a right to terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. Law Enforcement and Legal Process ExtraWatch® reserves a right to disclose Client Information or Client User Information together with information which are considered as Personally Identifiable Information in order to: - Enforce, investigate or apply any security or other breaches of Terms of Use or other agreements between ExtraWatch® and its end user - Comply with regulation, legal request, law or any regulations - Protect safety, employees, property, legal rights Applicable law / authorized court These Terms & Conditions shall be governed by and construed under the laws of the Slovak Republic without reference to its conflict of law principles. Slovakian law is applicable to all legal relationships between software provider and the user. Any legal issues that might arise from these agreements or agreements derived from these agreements, will be settled in court of Slovak Republic. The procedure will be conducted in the Slovak language. Dispute may only be instituted in statecourt in Slovak Republic. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Francisco County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. If ExtraWatch® is Acquired by Another Subject ExtraWatch® and all its assets if acquired by any other subject or entity or successor, all Client User Data, Client Information and/or Client Information will be transferred as one of the assets to such subject. This subject may continue to continue with service as used by the original subject. Effective Date of this Policy Privacy Policy is effective at date which is mentioned at the top of this document Enjoy using ExtraWatch CodeGravity.com, author www.codegravity.com Copyright �2006-2012 by CodeGravity.com
