Terms Of Use
ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
MaxPro Software, Inc. takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit MaxPro Inc.'s Privacy PolicyInsert hyperlink to privacy policy.
This document is an agreement between you and MaxPro Software, Inc. (“MaxPro”) that describes the terms of use (“TOU”) subject to which you may access and use the content and services offered on the websites operated by MaxPro or its affiliates (collectively, the “MaxPro Sites”). Examples of MaxPro Sites include the internet domains maxprosoftware.com, boostyourpcspeed.com, and others. The services offered on some MaxPro Sites may be subject to additional terms and conditions described on the site for those services or information, and additional licensing terms may apply for software that are disclosed in an End-User License Agreement distributed with such software. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR SERVICES OFFERED BY THE MAXPRO SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.
Please note that MaxPro reserves the right to revise these site TOU at any time by posting an update to this page. Your continued use of the MaxPro Sites or Services following the posting of changes to these TOU will mean you accept those changes. MaxPro reserves the right, in its sole discretion, to determine if you have violated these site TOU, and to take any action it deems appropriate. You acknowledge that MaxPro shall have the right to terminate your access to the MaxPro Sites or Services for violations of any of these rules, including repeat infringement of copyrights.
Personal, Non-Commercial Use: The MaxPro Sites are made available for your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the MaxPro Sites. COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.
User Submissions: Any material, information or other communication you transmit or post to the MaxPro Sites will be considered non-confidential and non-proprietary communications. MaxPro will have no obligations with respect to the communications. MaxPro and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
MaxPro Intellectual Property Rights: All content and services on the MaxPro Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of MaxPro, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of MaxPro.
Trademarks and Copyright: MaxPro Software, the MaxPro logo, and other marks related to MaxPro products and services (“MaxPro Marks”) are the exclusive and valuable property of MaxPro or its affiliated companies. The MaxPro Marks can only be reproduced or displayed with specific written permission from MaxPro, and only in accordance with the policies and guidelines associated therewith. MaxPro has made every effort to supply trademark information about company names, products and services mentioned on the MaxPro Sites. All third party trademarks are the property of their respective owners. COPYRIGHT NOTICE. Copyright © 2010 MaxPro, Inc. All rights reserved.
Third-Party Content and Links: Certain MaxPro Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that MaxPro is not responsible for the third-party content. You also agree that MaxPro IS NOT responsible or liable for any losses or damages you experience with any third-party content you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.
Compliance with Laws: By accessing or using the MaxPro Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the MaxPro Sites and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the MaxPro Sites to countries or persons prohibited under the export control laws of the United States. MaxPro makes no representation that the content on the MaxPro Sites is appropriate or available for use outside the United States. If you have chosen to access the MaxPro Sites from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The MaxPro Sites and the information provided therein are for the convenience of users of the MaxPro Sites and for customers and potential customers of MaxPro, its products, or its services. The information provided on the MaxPro Sites and the products and services described on the MaxPro Sites are subject to change without notice. MAXPRO DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MAXPRO SITES. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR TERMS OF SERVICE FOR A MAXPRO OFFERING, THE MAXPRO SITES, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MAXPRO DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MAXPRO SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE MAXPRO SITES, SERVICES, OR SOFTWARE. MAXPRO DOES NOT WARRANT THAT THE MAXPRO SITES, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE MAXPRO SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MAXPRO, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Restricted Rights Legend: Any Software downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
LIMITATION OF LIABILITY: Except as provided by an applicable End-User License Agreement or Terms of Service for a MaxPro offering, UNDER NO CIRCUMSTANCES IS MAXPRO, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE MAXPRO SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF MAXPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the MaxPro Sites, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the MaxPro Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
General Provisions:
Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Suffolk County in Boston and the United States District Court for the District of Massachusetts, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOS will continue in full force and effect.
Force Majeure: Under no circumstances shall MaxPro, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Except as provided by an End-User License Agreement or Terms of Service for a MaxPro offering, these TOu constitute the entire agreement between You and MaxPro with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
These Terms of Use were last amended on June 3, 2010 .
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