System & Website Use - Terms and Conditions v2.3


TERMS OF USE

These terms of use, together with the Privacy Policy, represent the complete agreement and understanding between Paul Lomax Software Inc. dba CGen (“Company”) and you, and supersede any other written or oral agreement.

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:

  • (a) THAT THE SERVICE, ANY OF ITS FEATURES OR FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
  • (b) THAT DEFECTS WILL BE CORRECTED;
  • (c) THAT THE SERVICE OR THE SERVERS HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR
  • (d) THAT THE SERVICE OR INFORMATION AVAILABLE THROUGH THE SERVICE WILL CONTINUE TO BE AVAILABLE. COMPANY AND ITS SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT USIN THE SERVICE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICE OR YOUR COMMUNICATIONS USING THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. COMPANY’S AND ITS SUPPLIERS’ LIABILITY IN CONNECTION WITH THE SERVICE FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEEDING THE CLAIM.

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:

  • • Restrict or terminate your access to the service;
  • • Change or discontinue the service;
  • • Deactivate your account and delete all related information and files in your accounts;
  • • Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the service.

(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:

  1. (a) your use of the service, including use of or reliance on any information or materials obtained through the service;
  2. (b) any other use of the service by a third party using your account, whether or not authorized by you;
  3. (c) your breach of these terms, including any of your representations and warranties under these terms, or;
  4. (d) your contravention of any applicable law, including CAN-SPAM Act of 2003.

(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:

  • • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
  • • Transmit or distribute any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • • Use or display the service in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Company or its suppliers and any third party or potentially deprive Company or its suppliers of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • • Violate any person's or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
  • • Transmit files that contain viruses, spyware, adware, or other harmful code;
  • • Advertise or promote goods or services without Company’s permission (including, without limitation, by sending spam);
  • • Interfere with others using the service or otherwise disrupt the service;
  • • Transmit, collect, or access personally identifiable information about other users without the consent of those users and Company;
  • • Engage in unauthorized spidering, “scraping,” or harvesting content, contact or other personal information, or use any other unauthorized automated means to compile information;
  • • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
  • • Defeat any access controls, access any portion of the service that Company has not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

(14) Company’s “suppliers”, as referred to in these terms, all of which are third-party beneficiaries of these terms.

Website Use - Terms and Conditions

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

  • (a) republish material from this website (including republication on another website);
  • (b) sell, rent or sub-license material from the website;
  • (c) show any material from the website in public;
  • (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • (e) edit or otherwise modify any material on the website; or
  • (f) redistribute material from this website

(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

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

  • (a) are subject to the preceding paragraph; and
  • (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any loss or corruption of any data, database or software.

(7) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(8) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(9) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(10) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(11) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(12) Exclusion of third party rights These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(13) Entire agreement

These terms of use[, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(14) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales

(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 support@cgen.rocks.