I understand that by clicking the accept button
on the registration page, I am signing the
following contract that binds me in the same
way that a paper contract binds me.
A NOTE ON TERMINOLOGY: Terms defined in this
Agreement, when used with initial capital letters,
have the meanings given in this Agreement.
"You" and "your," refer to you, the user
(and your organization, if you are an employee).
"ComputerAssistant.com", "we", "us", and "our"
refer to Project Controls, Inc. a Delaware corporation
doing business as ComputerAssistant.com.
All use of the ComputerAssistant.com website, its services,
and any services offered through the site (collectively,
the "site") is subject to the Terms and Conditions ("T&C's")
of this agreement and the policies, agreements and instructions
for the use of this site contained in the site and posted
by ComputerAssistant.com, which are hereby incorporated
herein. If these terms are considered an offer, acceptance
is expressly limited to these terms.
Authorized use of the site is available only to persons
who are at least 18 years old and are otherwise capable
of forming legally binding contracts under applicable law.
We reserve the right at any time to:
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Change the terms and conditions of this Agreement;
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Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
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Change any fees or charges for using the Site.
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Any changes we make will be effective immediately upon
notice, which we may provide by means including, without
limitation, posting on the Site or email. Your use of the
Site after such notice will be deemed acceptance of the
changes. Be sure to review this Agreement periodically
to ensure familiarity with the most current version. Upon
our request, you agree to sign a non-electronic version
of this Agreement.
DESCRIPTION OF SERVICE: ComputerAssistant.com currently
offers clients on site computer assistance and a means to make
available the clients own contact details (the "Service").
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the
release of new ComputerAssistant.com properties, shall
be subject to the T&C's. You acknowledge and agree that
the Service is provided "AS IS" and that ComputerAssistant.com
assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that
access web-based content, and pay any service and/or
telephony fees associated with such access. In addition,
you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and
modem or other access device.
REGISTRATION: To become a "Client" or "Provider" (collectively,
a "Member") you must register with us. When and if you
register to become a Member, you agree to provide accurate,
current and complete information about yourself as prompted
by our registration form ("Registration Data"), and to
maintain and update your information to keep it accurate,
current and complete. You agree that we may rely on your
Registration Data as accurate, current and complete. You
acknowledge that if your Registration Data is untrue, inaccurate,
not current or incomplete in any respect, we reserve the right
to terminate this Agreement and your use of the Site.
Either you or ComputerAssistant.com may terminate your access
to the service at any time, for any reason. Any services purchased
and paid to a technician are nonrefundable. We reserve
the right to immediately terminate your access to the Service,
without notice, upon any breach of this Agreement by which is
brought to our attention.
Your membership in the Service is for your sole, personal use.
You may not authorize others to use your membership, and you may
not assign or otherwise transfer your account to any other person
or entity.
EMAIL AND PASSWORD: As part of the registration process, you will
be asked to provide an email address that will also serve as your
username and to select a password. You are responsible for the
confidentiality and use of your username and password and agree
not to transfer or resell your use of or access to the Site to
any third party. If you have reason to believe that your account
is no longer secure, you must promptly change your password by
updating your account information, available at the "My Information"
Page after logging on to ComputerAssistant.com, and immediately
notify us by emailing us at
c.support@computerassistant.com. YOU
ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT.
SOLICITATION: As a Member, you agree that you will not solicit employment
directly from another Member that you have established a relationship
with through us without written consent from us. As a Member, you understand
we are entitled to compensation from both Members equal to the total amount paid for
all services provided for up to 6 months after termination.
ONLINE CONDUCT: As a Member, you agree that:
You are solely responsible for the content or information you
publish or display (hereinafter, "post") on the Service, or
transmit to other Members.
You will not post on the Service, or transmit to other Members or
employees, any defamatory, inaccurate, abusive, obscene, profane,
offensive sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity).
Please notify us by sending an email to
c.support@computerassistant.com
of any material contained in the Service that you believe infringes
these rules.
You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not include in any
unrelated fields any company names, telephone numbers, street addresses, URLs, email addresses, or any confidential information
of any third person, and you will not post any photographs or
other images containing nudity or such personal information.
ComputerAssistant.com reserves the right, but has no obligation;
to reject any profile, photograph, or resume that does not comply
with these prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the Service.
You will not transmit any chain letters, spam or junk email to
other Members.
You will not express or imply that any statements you make are
endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other
Members whether or not for commercial purposes, without their express
consent.
You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
"data mine", or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the
servers or networks connected to the Services or the Site.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior
written authorization. You also shall not use metatags or code or other
devices containing any reference to ComputerAssistant.com or the Service
or the Site in order to direct any person to any other Web site for any
purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site or
any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members.
We do not exclude any liability for death or personal injury due to our
negligence.
INDEMNITY BY MEMBER: You agree to indemnify, defend and hold us, our
officers, directors, employees, agents and representatives harmless
from and against any and all claims, damages, losses, liabilities,
costs (including reasonable attorneys' fees) or other expenses that
arise directly or indirectly out of or from (i) your breach of this
Agreement; (ii) any allegation that any materials that you submit
to us or transmit to the Site infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or other rights
of any third party; and/or (iii) your activities in connection with the
Site. This indemnity shall be applicable without regard to the negligence
of any party, including any indemnified person.
ONLINE CONTENT: Opinions, advice, statements, offers or other information
or content made available through the Service are those of their respective
Member-author and not of ComputerAssistant.com, and should not necessarily
be relied upon. Such Members are solely responsible for such content.
ComputerAssistant.com does not guarantee the accuracy, completeness or
usefulness of any information on the Service and neither adopts nor
endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made. Under no circumstances will
ComputerAssistant.com be responsible for any loss or damage resulting
from anyone's reliance on information or other content posted on the
Service or transmitted to Members.
The Site may contain links to other Internet Web sites or resources.
We neither control nor endorse such other Web sites, nor have we reviewed
any content that appears on such other Web sites. You acknowledge and
agree that we shall not be held responsible for the legality, accuracy
or inappropriate nature of any content, advertising, products, services
or information located on or through any other Web sites or for the
operation or policies of any such websites, nor for any loss or damages
caused or alleged to have been caused by the use of or reliance on any
such websites or such content or other information.
It is possible that other Members or users (including unauthorized users,
or "hackers") may obtain personal information about you due to your use
of the service, and that the recipient may use such information in ways
other than those intended with this site. ComputerAssistant.com is not
responsible for the use of any personal information that you may choose
to disclose on the Service.
ComputerAssistant.com reserves the right, but has no obligation, to
monitor the materials posted in any area of the Service. ComputerAssistant.com
shall have the right but not the obligation to remove any such material
that violates, or is alleged to violate, the law or this Agreement.
Notwithstanding this right of ComputerAssistant.com, you remain solely
responsible for the content of the materials you post in any area of
the Service and your private email messages.
ComputerAssistant.com reserves the right, but has no obligation, to
send emails to users and collect information on how the users respond
to such email.
PROPRIETARY RIGHTS: ComputerAssistant.com owns and retains other
proprietary rights in the Services and the Site. The Services and
the Site contain the copyrighted material, trademarks and other
proprietary information and software of ComputerAssistant.com and
its licensors. In addition, other Members may post copyrighted
information, which has copyright protection whether or not it is
identified as copyrighted. Except for that information which is
in the public domain or for which you have been given permission,
you will not copy, modify, publish, transmit, distribute, perform,
display or sell any such proprietary information.
By posting information or content to any area of ComputerAssistant.com,
you automatically grant, and you represent and warrant that you have
the right to grant, to ComputerAssistant.com and other Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license
to use, copy, perform, display and distribute such information and
content and to prepare derivative works of, or incorporate into
other works, such information and content, and to grant and authorize
sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER: The personal information (including
sensitive personal information) you provide to us will be stored
on computer. You consent to us using this information to build up
a profile of skills, preferences and browsing patterns and to allow
you to participate in the ComputerAssistant.com Service. All Members
also agree to uphold and maintain our
Privacy Policy and to the terms
and conditions thereof. You may read a full description of our Privacy
Policy at
http://www.ComputerAssistant.com/Privacy.aspx.
DISCLAIMER OF WARRANTY. COMPUTERASSISTANT.COM PROVIDES THE SERVICE
AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH
COMPUTERASSISTANT.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH
RESPECT TO THE SERVICE OR THE SITE. COMPUTERASSISTANT.COM SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. COMPUTERASSISTANT.COM DOES NOT
WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE SITE WILL
BE CORRECTED. COMPUTERASSISTANT.COM DISCLAIMS LIABILITY FOR, AND
NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE,
INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR
OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL COMPUTERASSISTANT.COM BE
LIABLE (i) TO YOU FOR ANY 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
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SERVICE OR THE SITE, EVEN IF COMPUTERASSISTANT.COM OR ITS
AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING
ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION
ON LIABILITY, IN ALL EVENTS COMPUTERASSISTANT.COMĀfS LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPUTERASSISTANT.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
In addition, ComputerAssistant.com disclaims all liability, regardless
of the form of action, for the acts or omissions of other Members
or users (including unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers
and limitations of liability so the above disclaimers of warranty and
limitations of liability may not apply to you.
We do not exclude any liability for death or personal injury due to
our negligence.
COPYRIGHT POLICY: We respect the intellectual property of others,
and we ask our Members to do the same. If you believe that a copy
of your work is available on the Service without your consent or
that a copyright infringement has otherwise occurred, please supply
us with the following information:
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A description of the copyrighted work that you claim has been infringed;
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Details of where the infringing material is located on the Site;
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Your address, telephone number and email address;
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A statement by you that you believe in good faith that the use of the work on the Site is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
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An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.
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Please deliver this information to: (ComputerAssistant.com, PO Box 581518, Salt Lake
City, UT 84158-1518 USA)
COMPLAINTS: To resolve a complaint regarding the Service or the Site,
you should contact ComputerAssistant.com at
c.support@computerassistant.com.
GENERAL PROVISIONS: This Agreement with you, set out in these Member
Terms and Conditions, is governed by US law in the State of Utah and you and we submit
to the non-exclusive jurisdiction of the Summit County, Utah USA in the event
of any dispute regarding these Terms or the Service or the Site or
any matter related thereto. This Agreement shall not be governed by
the United Nations Convention on Contracts for the International Sale
of Goods, the application of which is hereby expressly excluded.
This Agreement, accepted by you upon registering for the Service,
contains the entire agreement between you and ComputerAssistant.com
regarding the Service and the Site, including the ComputerAssistant.com
Privacy Policy. In the event of any conflict between the
Privacy Policy
and this Agreement, this Agreement shall control. Unless otherwise
explicitly stated, the Terms will survive termination of your membership
to the Service. This agreement shall terminate immediately and without
notice if you breach any of the Terms, subject to the survival of all
rights and reservations of ComputerAssistant.com. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
The Member certifies that the Member has read and agrees to be bound
by these ComputerAssistant.com Member Terms and Conditions.