Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Our General Terms of Service (“Service Terms”) is provided to you (“Customer”) in connection with the “South City Computer” service that Customer has purchased (the “Service”) from Pink Asterisk, and includes all referenced appendices and documents located at the URLs at the end of agreement, (a full copy of which you can read and print at http://pinkasterisk.com/ca.html) These terms and conditions comprise the entire agreement between Customer and South City Computer with respect to the Service.
This Agreement incorporates those appendices at the end of this Agreement.
CUSTOMER UNDERSTANDS AND AGREES THAT THIS DOCUMENT IS A “WRITING” AS DEFINED BY LAW. CUSTOMER ACKNOWLEDGES HAVING THE CAPACITY TO PRINT OUT THIS AGREEMENT AND STORE THE SAME FOR RECORD KEEPING PURPOSES, AND WAIVES ANY CLAIM UNDER THE STATUTE OF FRAUDS OR ANY SIMILAR STATUTE THAT WOULD BLOCK ENFORCEABILITY OR ADMISSIBILITY OF THIS AGREEMENT FOR FAILURE TO MEET THE REQUIREMENT OF A “WRITING.”
Unless stated in writing otherwise, all fees and charges are nonrefundable. South City Computer may change the fees and charges then in effect, or add new fees or charges, by giving Customer notice in advance.
MODIFICATIONS TO TERMS OF SERVICE AND SERVICE
South City Computer may change the terms and conditions of the Service from time to time. Upon any such change, South City Computer will notify the Customer by posting the changes to the site from which the Service was purchased. South City Computer reserves the right to modify or discontinue the Service with or without notice to Customer. South City Computer shall not be liable to Customer or any third party should South City Computer exercise its right to modify or discontinue the Service. Customer’s use of the Service constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms and its modifications.
It is South City Computer’s policy to respect the privacy of its Customers as required by law.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA
Customer agrees that prior to South City Computer servicing any Customer equipment it is Customer’s responsibility to (1) back-up the data, software, information or other files stored on Customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s product. Customer agrees that whether or not Customer requests back-up services from South City Computer and/or its third party service provider, neither South City Computer nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
LIMITATIONS TO SERVICE
South City Computer shall not be liable for any failure or delay in performance due to any cause beyond its control. South City Computer and/or its third party service providers reserve the right to refrain from providing the Services ordered and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of these Service Terms, as determined by South City Computer.
Customer agrees to indemnify, defend, and hold harmless South City Computer (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by South City Computer by reason of, or arising from: (a) Customer’s breach of this Agreement; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s actual or alleged failure to promptly pay sums due South City Computer or third parties; (d) Customer’s failure to comply with applicable laws, regulations or ordinances; (e) the acts or omissions of Customer (or its officers, directors, employees or agents); (f) defamation, negative publicity, or any other tortuous interference by customer or customer’s proxies.
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. South City Computer EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. South City Computer MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES South City Computer MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM South City Computer OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO EACH CUSTOMER. IT IS THE RESPONSIBILITY OF CUSTOMER TO BACK-UP ALL DATA ON COMPUTERS AND OTHER DEVICES; South City Computer WILL NOT BE HELD LIABLE FOR LOSS OF ANY CUSTOMER DATA.
LIMITATION OF LIABILITY
South City Computer SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF South City Computer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH CUSTOMER.