Upon notice sent to you by e-mail and/or published online at www.cgen.rocks, Company may modify these terms and conditions, augment them, and/or modify the price(s) of the service, as well as discontinue or change services offered.
(1) You represent and warrant that you are at least eighteen (18) years of age. If you are under the age of eighteen (18), you must get your parent or guardian to purchase this service for you.
(2) You acknowledge that you are signing up to a service for the generation of software code based on input variables supplied by you, the user.
(3) You are responsible for the confidentiality of your login credentials and you accept responsibility for all activities, charges and damages that are incurred under your account. Your login credentials are for your use only and you may not share your login credentials. If you believe that someone is using your account, you should contact Company immediately. Company and its suppliers are not responsible for any loss or damage resulting from your failure to notify Company of unauthorized use. If Company requests information from you, you must provide accurate and complete information and must update such information when it changes.
(4) COMPANY DOES NOT WARRANT:
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY ASPECT OR FEATURE THEROF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF COMPANY’S OR ITS SUPPLIERS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY OR ITS SUPPLIERS, INCLUDING WITHOUT LIMITATION THE SERVICE.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(5) You shall use the service for lawful purposes only. Transmission of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: material that infringes or violates the intellectual property, privacy or other proprietary rights of any third party, threatening or obscene material, or material that violates any applicable law, regulation or decree.
(6) Company reserves the right to collect and process your personal data and to provide it to the owner of the property for its own marketing purposes. This data will not otherwise be sold to or used by third parties. Moreover, when you use the service, Company may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tool and web server logs. As you use the service, your browser and devices communicate with servers operated by us, our business partners, service providers and suppliers to coordinate and record interactivity and fill your requests for services and information.
(7) Company, its suppliers, their respective affiliates and the respective employees, agents, vendors, partners, third-party content providers or licensors and their respective officers, directors, employees or agents, shall not be liable to you for any damages, including lost profits, business interruption, loss of data or other similar damages arising out of your use of the service. If any limitation of liability is held to fail its essential purpose or is otherwise deemed to be unenforceable, then the maximum cumulative liability of Company and any of its suppliers, arising out of your use of the service, shall not exceed your direct damages, if any, up to a maximum of Fifty United States Dollars ($50). The limitations in this section apply to all causes of action.
(8) You shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law and regulation or would likely be offensive to the recipient thereof. You shall not mass distribute or mass broadcast any message or communication through the service. Any use of the service in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Company shall be considered a breach of these terms and may result in suspension and/or cancellation of the service.
(9) You have no authority, apparent or otherwise, to contract for, or on behalf of Company or its suppliers, or in any other way legally bind Company or its suppliers in any fashion, nor shall you make any attempt to do so. You shall not make any representations about Company, its suppliers or their services other than to make factual statements about Company’s responsibilities under this agreement.
(10) Company reserves the right to make changes to these terms as described in the introductory paragraph of these terms. Your use of the service following the effective date of any such change to these terms shall constitute you acceptance of such change.
(11) Company may monitor your use of the service, including e-mail communications you transmit through the service, at any time. Company may remove any material from the service in its sole discretion if it is found that it violates these terms or is otherwise objectionable. Company takes no responsibility and assumes no liability for any content, communications or materials transmitted by you or any third party. Company may take any of the following actions in its sole discretion at any time and for any reason without any liability and without giving you prior notice:
(12) You shall at all times to indemnify, defend, and hold harmless Company, its agents, vendors, clients, licensees, service providers, suppliers and affiliates, and their respective officers, directors, shareholders and employees from and against all claims, demands, damages, liabilities and costs (including attorneys’ fees on a full indemnity basis) arising out of or in connection with:
(13) Acceptable Use: Without limiting any other provision in these terms, you may not use the service to do the following or assist others in doing the following:
(14) Company’s “suppliers”, as referred to in these terms, all of which are third-party beneficiaries of these terms.
(2) Licence to use website
You must not:
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
(5) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(6) Limitations and exclusions of liability
(13) Entire agreement
(14) Law and jurisdiction
(15) Our details
The full name of our company is Paul Lomax Software Inc. t/a CGen.
Our registered address is 501 Silverdale Road, Suite 105, Wilmington, Delaware, 19809 USA.
You can contact us by email to firstname.lastname@example.org.