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 Terms & Conditions

Thank you for visiting PAKWARE.com.  These documents are subject to change at any time without notice.  The current version will be posted online.  It is in your best interest to review these articles every time you visit the site.

PAKWARE Terms Of Use:

  1. PAKWARE.com provides application development & consulting services through its then current web site (the to its clients, which in turn, make the Online Services available to their end users. THIS PAKWARE TERMS OF USE POLICY (this "Policy") governs the use of the Online Services.
  2. No Agency Relationship. PAKWARE is not an authorized agent of any SUBSCRIBER or any PARTICIPANT and therefore, cannot enter into arrangements on behalf of, or otherwise bind, any SUBSCRIBER or any PARTICIPANT. Likewise, no SUBSCRIBER or PARTICIPANT is an authorized agent of PAKWARE and therefore, cannot enter into arrangements on behalf of, or otherwise bind, PAKWARE.
  3. Agreement to be Bound. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING THE ONLINE SERVICES. BY ACCESSING OR USING THE ONLINE SERVICES, YOU, AS A PARTICIPANT, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMERS SET FORTH ABOVE AND BELOW). IF YOU ARE NOT WILLING TO BE BOUND BY THIS POLICY, YOU MAY NOT ACCESS OR USE THE ONLINE SERVICES. PAKWARE MAY MODIFY THIS POLICY AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON THE EARLIER OF THE POSTING OF THE MODIFIED POLICY OR YOUR NOTIFICATION OF SUCH MODIFICATIONS. YOU AGREE TO REVIEW THIS POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE ONLINE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED POLICY.
  4. Equipment. You are responsible for providing and obtaining all third party software and personal computer and communications equipment necessary to gain access to the Online Services.
  5. Links to Other Sites. As a convenience to You, PAKWARE may provide links to other web sites as PAKWARE deems appropriate. Any decision of PAKWARE to link to third party web sites is not an endorsement of the content in the linked site. Furthermore, PAKWARE is not responsible for the content of linked third-party sites, and PAKWARE does not make any representation or warranty regarding the content or accuracy of material on third party sites. If You decide to access linked third-party sites, You do so at Your own risk.
  6. Telephone Charges. You are responsible for all telephone charges for connecting to the Online Services, and PAKWARE assumes no responsibility or liability for any such telephone charges, including, but not limited to, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by You while accessing the Online Services. Any dispute or problem regarding telephone service are strictly between You and Your local telephone company and/or long distance service provider.
  7. Online Community Usage. You fully understand that the activities within the Online Services occur in real-time and therefore cannot be monitored, edited, censored, or otherwise controlled by PAKWARE or SUBSCRIBERS. Notwithstanding the foregoing, however, PAKWARE, in its sole discretion, reserves the right to monitor any and all activities within the Online Services. Furthermore, PAKWARE reserves the right to remove, in its sole discretion, any content that is deemed harmful, offensive, or otherwise in violation of this Policy.
  8. Abusive and Offensive Content. To avoid abusive and offensive content within the Online Services (and the online community contained therein), PAKWARE has established the following rules of usage. You agree that You will not:
    1. Permit any other person (other than an agent acting on Your behalf and subject to Your direct supervision) to access the Online Services using Your account for any purpose.
    2. Post or transmit any message which is libelous, defamatory, or which discloses private or personal matters concerning any person.
    3. Post or transmit any message, data, image, program, or information which is indecent, obscene, or pornographic.
      8.4 Post or transmit any message, data, image, program, or information that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing or misappropriating fashion.
    4. Interfere with other PARTICIPANT's use of the PAKWARE Web Site, including, without limitation, disrupting the normal flow of dialogue in a discussion thread or chat room.
    5. Post or transmit any file which contains a virus, worm, Trojan horse, intentionally disabling device, or any other contaminating or destructive feature.
    6. Post or transmit any message which is harmful, threatening, abusive, or hateful. Relatedly, PAKWARE does not intend to discourage You or other PARTICIPANTS from taking controversial positions or expressing vigorously what may be unpopular views; provided, however, that PAKWARE reserves the right to take such action, as it deems appropriate, in cases where the PAKWARE Web Site is used to disseminate statements that are offensive and/or harmful.
    7. Post chain letters or pyramid schemes or any other solicitations within the PAKWARE Web Site.
    8. Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited).
    9. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Online Services, or which, in the judgment of PAKWARE, exposes PAKWARE or any SUBSCRIBER to any liability or detriment of any type.
      Although PAKWARE reserves the rights to monitor, record, edit or remove the content within the Online Community, PAKWARE has no liability or responsibility to PARTICIPANTS, SUBSCRIBING PARTNERS or any other person or entity for the performance or non-performance of the screening activities mentioned above.
  9. Warranty Disclaimer. THAT PAKWARE PROVIDES, THE ONLINE SERVICES "AS IS" AND "WITHOUT WARRANTY." PAKWARE GRANTS NO, AND PAKWARE HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ONLINE SERVICES AND ONLINE SERVICE SOFTWARE (IF ANY) PROVIDE TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAKWARE DOES NOT WARRANT THAT (i) YOUR USE OF THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY) WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS; OR (i) ALL DEFECTS IN THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY) WILL BE CORRECTED.
  10. Limitation of liability. IN NO EVENT WILL PAKWARE BE LIABLE (i) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY), EVEN IF PAKWARE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) TO ANY PERSON OTHER THAN YOU. IN ADDITION, PAKWARE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR UNAUTHORIZED USERS (I.E. "HACKERS") OF THE ONLINE SERVICES. IN NO EVENT SHALL PAKWARE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE MONIES PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF BUT ONLY TO THE EXTENT SUCH AMOUNT IS ATTRIBUTABLE TO YOU AND NOT ANOTHER PARTICIPANT) TO PAKWARE FOR ACCESS TO THE ONLINE SERVICES.
  11. Ownership and Rights. PAKWARE owns and retains the copyrights and other proprietary and intellectual property rights in the Online Services and the Online Service Software (if any). Except as otherwise expressly provided, all copyrightable material displayed on, or downloaded from, copied, performed, displayed, distributed, published, redistributed, transmitted, or re-transmitted without the permission of the copyright owner. You may not remove, alter, or cover any copyright or other proprietary rights notices placed on or in the Online Service Software (if any) or materials on the Online Services. All rights not expressly granted to You in this Policy shall remain in PAKWARE.

Questions and Complaints:
If you have any questions or complaints regarding this Terms & Conditions or about its implementation, please e-mail us at info@pakware.com.


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