Legal and Disclaimers
(AKA Disclaimers, Trademarks, Copyrights, Terms and Conditions)
Xplain Corporation provides this web site and mail order services (collectively, the “Service”) subject to your compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Trademarks and Copyrights
All contents are Copyright 1984-2008 by Xplain Corporation. All rights reserved. MacTech is a registered trademark of Xplain Corporation. Xplain, Video Depot, Movie Depot, Palm OS Depot, Explain It, MacDev, MacDev-1, THINK Reference, NetProfessional, NetProLive, JavaTech, WebTech, BeTech, LinuxTech, Apple Expo, MacTech Central and the MacTutorMan are trademarks or service marks of Xplain Corporation. Sprocket is a registered trademark of eSprocket Corporation. Other trademarks and copyrights appearing in this printing or software remain the property of their respective holders.
Use of Xplain Web Site and the Internet
You understand that you may access both Xplain and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Xplain, neither Xplain nor any of its affiliates operates or controls any information, products or services on the Internet in any way and that, except for such Xplain- identified information, products or services, all merchandise, information and services offered or made available or accessible through Xplain or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Xplain or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF XPLAIN AND THE INTERNET. NEITHER XPLAIN NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH XPLAIN OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH XPLAIN OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. XPLAIN HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
No Service Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY XPLAIN, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER XPLAIN NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL XPLAIN, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Xplain in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
Making Purchases On the Service
If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.
User Conduct On the Service
While using the Service, you may not:
- restrict or inhibit any other user from using and enjoying the Internet;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
- post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. and International copyright laws.
Xplain has no obligation to monitor the Service. However, you agree that Xplain has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Xplain will not intentionally monitor or disclose any private electronic-mail message unless required by law. Xplain reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
You understand and agree that, unless you notify Xplain to the contrary by calling 805-494-9797, Xplain may publish your name and other consumer information in one or more directories which may be accessed by other Internet users; in addition, unless you notify Xplain to the contrary as provided above, Xplain may make such information available to third parties from time to time. You understand further that merchants on Xplain may have access to such information and may make it available to third parties in accordance with their normal practices unless you notify those merchants directly that you do not wish such information made available.
Failure to Comply With Terms and Conditions
Xplain may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Xplain in its sole discretion believes violates any of the terms and conditions in this Agreement. If Xplain denies you access to the Service because of such a violation, you shall have no right (1) to access through Xplain any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Xplain, and Xplain shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Xplain and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Xplain’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Xplain may modify this Agreement from time to time by placing a notice of such modification in the “Xplain Information” area, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the “Information” area regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between you and Xplain with respect to the Service.