Just Reboot
INTRODUCTION
Welcome to the
Internet Site of Just Reboot (also referred to herein as "we", "us",
or "our").
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THE JUST REBOOT SITE. By
using the Just Reboot Site, you signify your agreement to these
Terms of Use. If you do not agree to these Terms of Use please do
not use the Just Reboot Site. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these
Terms at any time. Please check these Terms periodically for
changes. Your continued use of the Just Reboot Site following the
posting of changes to these Terms will mean you accept those
changes.
RESTRICTIONS ON USE OF
MATERIALS
All materials,
trademarks, service marks, trade names and trade dress contained in
our Site are the copyrighted and proprietary property of Just
Reboot, our subsidiaries, affiliated companies or third-party
licensors. No material from our Site or any Internet Site owned,
operated, licensed, or controlled by Just Reboot, our subsidiaries,
affiliated companies or third-party licensors may be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the
materials on any single computer for your personal, non-commercial
home use only, provided that (a) you keep intact all copyright and
other proprietary notices, (b) you make no modifications to the
materials, (c) you do not use the materials in a manner that
suggests an association with any of our products, services, or
brands, and (d) you do not download quantities of materials to a
database that can be used to avoid future downloads from our Site.
For purposes of these Terms, the use of any such material on any
other Web site or computer environment is prohibited.
In the event
you download software from our Site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are
licensed to you by us or third-party licensors for your personal,
non-commercial home use only. We do not transfer title to the
Software to you. You own the medium on which the Software is
recorded, but we or third-party licensors retain full and complete
title to the Software and all intellectual property rights therein.
You may not redistribute, sell, de-compile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable
form.
SUBMISSIONS
We are pleased
to hear from our visitors and welcome your comments regarding our
products, services and Site. Unfortunately, we do not accept or
consider creative ideas, suggestions, or materials other than those
that we have specifically requested. We hope you will understand
that it is the intent of this policy to avoid the possibility of
future misunderstandings when projects developed by us might seem to
others to be similar to their own creative work. Please do not send
us any unsolicited original creative material. While we do value
your feedback on our services and products, we request that you be
specific in your comments on those services and products, and not
submit any creative ideas, suggestions, or materials unless
specifically requested by us.
If, at our
request, you send certain specific submissions or, despite our
request, you send us creative suggestions, ideas, notes, drawings,
concepts, software code or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain,
our property. None of the Submissions shall be subject to any
obligation of confidence on our part and we shall not be liable for
any use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature
throughout the universe and shall be entitled to unrestricted use of
the Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the
Submissions.
PUBLIC
COMMUNICATION
It is our
policy to respect the privacy of all visitors to our Site.
Therefore, in addition to our Privacy Policy, we will not monitor,
edit, or disclose the contents of a visitor's email address unless
(a) you authorize us to do so, (b) we must do so in order to resolve
technical problems on our Site, or (c) unless required to do so by
law or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with a legal process served on us,
(2) protect and defend our rights or property, or (3) act in an
emergency to protect the safety of our employees, customers or the
public. Customers shall remain solely responsible for the content of
their email messages.
By submitting
any materials to us, you automatically grant or warrant that the
owner of such materials expressly grant us a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials
or incorporate such materials into any form, medium, or technology
now known or later developed throughout the universe. In addition,
you warrant that all so-called "moral rights" in those materials
have been waived.
CONTENT LINKED FROM THE
JUST REBOOT SITE
Please exercise
discretion while browsing the Just Reboot Site. You should be aware
that when you are on the Just Reboot Site, you could be directed to
other sites that are beyond our control. Our Site may have links and
banners to other sites that take you outside of our Site. For example, if you "click"
on a link or banner the "click" may take you off the Just Reboot
Site. This also includes links from advertisers, sponsors, content
partners and other third-parties that may use our name or logo as
part of a co-branding agreement. These other sites may send their
own cookies to users, collect data, solicit personal information, or
contain information that you may find inappropriate or offensive. In
addition, advertisers on our Site may send cookies to you that we do
not control.
We reserve the
right to disable links from third party-sites to the Just Reboot
Site.
We
make no representations concerning
the content, services or products of any sites linked
from or to the Just Reboot Site.
Consequently,
we cannot be held responsible for the content, services, products,
accuracy, relevancy, privacy policy, terms of use, copyright
compliance, legality or decency of material contained in or offered
by these other sites.
Please keep in mind
that whenever you give out personal information online that information
can be collected and used by people you don't know. While
Just Reboot strives to protect your personal information and privacy,
we cannot guarantee the security of any information you provide
to us; you make such disclosures at your own risk.
DISCLAIMER
THE MATERIALS
ON THE JUST REBOOT SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON
OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE JUST REBOOT SITE OR THE SERVER(S) THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE JUST
REBOOT SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
We explicitly
disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from any
Just Reboot Site. We cannot ensure that you will be satisfied with
the content of the site or any products or services that you
purchase from a third-party site that links to or from the Just
Reboot Site or third-party content on our
Site.
We do not
endorse any of the content, services or products, nor have we taken
any steps to confirm the accuracy or reliability of any of the
information contained in such third-party sites. We do not make any
representations or warranties as to the security of any information
including, without limitation, credit card and other personal
information you might be requested to give any third-party, and you
hereby irrevocably waive any claim against us with respect to such
sites and third-party content, services or products. We strongly
encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction
with any of these third-party sites.
CREDIT
CARDS
Any third-party
site from which you buy services or products and provide credit card
billing and shipping information to are solely responsible for how
they use that information and any other information they
independently acquire from you or about you.
To protect the
security of your information, we recommend you only do business with
third-party sites that employ the industry-standard Secure Sockets
Layer (SSL) technology, have a terms of use policy and a privacy
policy.
INDEMNIFICATION
You
hereby indemnify, defend and hold us and our family members,
employees, sub-contractors, officers, directors, owners, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys fees) incurred
by the Indemnified Parties in connection with any claim arising out
of any breach by you of this Agreement or claims arising from your
use of our Site or any site linked to or from our Site. You shall
use your best efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION OF
LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE JUST REBOOT SITE OR ANY SITE LINKED TO OR FROM OUR SITE
OR MATERIALS, OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL TRANSACTIONS MADE BY YOU
BASED ON LINKS, BANNERS, INFORMATION CONTAINED IN THE JUST REBOOT
SITE OR EMAILS SENT BY US ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY
SITE. YOUR SOLE RIGHT
AND REMEDIES SHALL BE AGAINST THE THIRD-PARTY SITE. BY
USING THE JUST REBOOT SITE YOU
ACKNOWLEDGE AND AGREE THAT JUST REBOOT, OUR FAMILY MEMBERS,
EMPLOYEES, SUB-CONTRACTORS, OFFICERS, DIRECTORS, OWNERS, INFORMATION
PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES HAVE NO LIABILITY FOR
ANY COST, DAMAGE OR HARM DIRECTLY OR INDIRECTLY IN CONNECTION WITH
THE DELIVERY, FAILURE TO DELIVER, PERFORMANCE, QUALITY OR ANY OTHER
ASPECT OF ANY PRODUCT, SERVICE OR INFORMATION OBTAINED FROM
THIRD-PARTY SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE JUST REBOOT SITE.
JURISDICTIONAL
ISSUES
Unless
otherwise specified, the materials on the Just Reboot Site are
presented solely for the purpose of promoting our services or other
products available in the United States and its territories,
possessions, and protectorates. Just Reboot and its Site are
controlled and operated by Steven Klein (d/b/a Just Reboot) doing
business from its offices in West Bloomfield, MI, USA. We make no representation
that the materials on and linked to or from the Just Reboot Site are
appropriate or available for use in any particular location. Those
who choose to access the Just Reboot Site do so on their own
initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable. Software from this site,
if available, is further subject to United States export controls. No
software from this Site may be downloaded or otherwise exported or
re-exported (a) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
Software if available, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
TERMINATION
These Terms are
effective until terminated by either party. You may terminate these
Terms at any time by discontinuing use of the Just Reboot Site and
destroying all materials obtained from our Site and all related
documentation and all copies and installations thereof including
emails, whether made under the terms of these Terms or otherwise.
Your access to the Just Reboot Site may be terminated immediately
without notice from us if in our sole discretion you fail to comply
with any term or provision of these Terms. Upon termination, you
must cease use of the Just Reboot Site and destroy all materials
obtained from such site and all copies thereof including emails,
whether made under the terms of these Terms or
otherwise.
GENERAL
PROVISIONS
These Terms shall be governed by and construed
in accordance with the laws of the State of Michigan, without giving
effect to any principles of conflicts of law. You agree that any
action at law or inequity arising out of or relating to these Terms
and the use of our Site shall be filed only in the state or federal
courts located in Oakland County, Michigan and you hereby consent
and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these
Terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall
not affect the validity and enforceability of any remaining
provision. This is the entire agreement between us relating to the
subject matter herein and shall not be modified except in writing,
signed by both parties.
QUESTIONS
All inquiries regarding these Terms of Use
should be directed to help@justreboot.com
Terms of Use - Privacy
Policy - Copyright
1998-2009 Just
Reboot

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