Welcome to our Web site. By using our site, you are agreeing
to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not
agree to these terms, you should not use this site. The term
“McKinney IT Solutions,” “us” or “our” refers to
McKinneyITSolutions.com, Inc., the legal name of the owner
of the Web site. The term “you” refers to the user or viewer
of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms
of Use Agreement (“Agreement”) with respect to our site (the
“Site”). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content,
products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but
not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by
Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials
viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any
right in such information and materials. Some of the content
on the site is the copyrighted work of third parties.
3. Service Marks.
“McKinneyITSolutions.com” and others are our service marks
or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of
their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in
accordance with this Agreement; (b) to use the Site solely
for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any
litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the
following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose
permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter
developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of
any Content and Materials from the Site; (d) use any Content
and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any
timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any
automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive
addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates
any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or
re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web
sites sample and actual forms, checklists, business
documents and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are
provided for a charge and without any representations or
warranties, express or implied, as to their suitability,
legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS,” “AS
AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for
your particular circumstances. Furthermore, state laws may
require different or additional provisions to ensure the
desired result. You should consult with legal counsel to
determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents
are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or
available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site
is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information
on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a
lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on
the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for
the illegality or any error, inaccuracy or problem in the
advertiser's or sponsor's materials.
10. Registration/Purchase.
Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to
provide us with accurate, complete registration and/or
purchase information. Your registration must be done using
accurate information. Each registration is for your personal
use only. We do not permit (a) any other person using the
registered sections under your name; or (b) access through a
single name being made available to multiple users on a
network. You are responsible for preventing such
unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or
that defects will be corrected. We do not represent or
warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in
our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible
for and assume no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions,
representations or any other form of content on the Site.
You understand that the information and opinions in the
third party content represent solely the thoughts of the
author and is neither endorsed by nor does it necessarily
reflect our belief.
Material contained in the content may not be duplicated or
redistributed without the prior written consent of us and
the copyright holder, except that one print copy of search
output is permitted for use within the user’s organization
and that search output may be stored temporarily in
electronic media for editing or reformatting and subsequent
printing of one print copy of search output for internal
use.
Advertising and sponsored links found on content pages from
third party providers are not provided by those content
providers and are not endorsements.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any
suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or
entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic
information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information
and documents, advertisers, product and service providers,
and affiliates (collectively, “Affiliated Parties”) harmless
from any liability, loss, claim and expense related to your
violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL
FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A
FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any
loss, injury, claim, liability, or damage of any kind
resulting in any way from (1) any errors in or omissions
from the Site or any services or products obtainable there
from, (2) the unavailability or interruption of the Site or
any features thereof, (3) your use of the Site, (4) the
content contained on the Site, or (5) any delay or failure
in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR
RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us
(collectively, a “Submission”) will forever be our property.
We will not be required to treat any Submission as
confidential, and will not be liable for any ideas
(including without limitation, product, service or
advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future
products, services or operations. Without limitation, we
will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without
compensation to you or any other person sending the
Submission. You acknowledge that you are responsible for
whatever material you submit, and you, not us, have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
In compliance with the Children's Online Privacy Protection
Act of 1998, McKinneyITsolutions.com does not accept
registrations from those under 13 years of age. By
registering with McKinneyITsolutions.com, you represent that
you are at least 13 years old.
19. Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers (“Merchants”) from which you
may purchase certain goods or services. You understand that
we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use
of or purchase from such Merchants is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on
any Merchant sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to
make any representations or commitments on behalf of the
other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a
part of this Agreement.
22. Disclosure Policy.
Our Disclosure Policy, as it may change from time to time,
is a part of this Agreement.
23. Payments.
You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
24. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well
as our intentions, plans and objectives (particularly with
respect to product and service offerings), that are
forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our
control. When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,” “plans,”
“intends,” “will” and similar expressions are intended to
identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein do not
constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or
documents.
25. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites,
you do so at your own risk.
26. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following
information:
a. An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
b. A description of the copyrighted work that you claim has
been infringed;
c. A description of where the material that you claim is
infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
27. Information and Press Releases.
The Site contains information and press releases about us.
We disclaim any duty or obligation to update this
information or any press releases. Information about
companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or
endorsed by us.
28. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and Materials
provided therein.
29. Refund and Return Policy.
To the extent that you purchase any goods or services
directly from us, we will refund you your purchase price
within 30 days of you notifying us in writing of your desire
for the refund, together with the reason for the request,
with the product or service returned to us in substantially
the same condition as when purchased. Please note, however,
that certain products and services mentioned on our site are
sold by third parties or are linked to third party Web
sites, and we have no responsibility or liability for those
products or services. You may request a refund by contacting
us.
30. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in McKinney, Texas, and shall be governed by
and construed in accordance with the laws of the State of
Texas (without regard to conflict of law principles). Any
cause of action by you with respect to the Site (and/or any
information, Documents, products or services related
thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in
Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this
Agreement. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in
our sole discretion to a third party in the event of an
acquisition, sale or merger. If any provision of this
agreement is held illegal, invalid or unenforceable for any
reason, that provision shall be enforced to the maximum
extent permissible, and the other provisions of this
Agreement shall remain in full force and effect. If any
provision of this Agreement is held illegal, invalid or
unenforceable, it shall be replaced, to the extent possible,
with a legal, valid, and unenforceable provision that is
similar in tenor to the illegal, invalid, or unenforceable
provision as is legally possible. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor
of the right to enforce such provision. Our rights under
this Agreement shall survive any termination of this
Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this
agreement.
31. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal
action taken by us relating to Site operations and/or
intellectual property, shall be settled solely by
confidential binding arbitration in accordance with the
commercial arbitration rules of JAMS applicable at the time
the arbitration commences. The arbitration shall be
conducted in San Francisco, California. Each party shall
bear its own attorneys fees. Each party shall bear one-half
of the arbitration fees and costs incurred through JAMS.
32. Termination.
You agree that McKinney IT Solutions, in its sole
discretion, may terminate your membership, and remove and
discard any content that you have posted on the Site, for
any reason, including, without limitation, for lack of use
or if McKinney IT Solutions, in its sole opinion, believes
that you have violated or acted inconsistently with the
letter or spirit of this Agreement or that you are a repeat
infringer of intellectual property rights. You agree that
any termination of your access to the Site under any
provision of this Agreement may be effected without prior
notice, and acknowledge and agree that McKinney IT Solutions
may immediately deactivate or delete your account and all
related information and files in your account and/or bard
any further access to such files or the Site. Further, you
agree that McKinney IT Solutions shall not be liable to you
or any third-party for any termination of your access to the
Site.
