This document contains the terms and conditions that govern any and all use of the website IT Help.net.
“Agreement” means the Terms and Conditions contained in this document.
“You” means the customer entering into this Agreement.
“Site” means IT Help.net or any sub-domains or other sites contained within those domains
“Content” means any information posted to, made available on, or transmitted via the Site, including without limitation any video, audio, images, emails, public or private messages, or other text, whether publicly accessible or hidden from public view.
“Service” means any and all access to the Site and functionality provided via the Site, including without limitation searching, sharing, uploading, posting and viewing Content, data feeds, advertisements, and applications.
“User” means any individual, corporation or other entity registered with an account name on the Site.
By using or visiting the Site or any Services, you hereby acknowledge that you have read and accept the terms of this Agreement and that you agree to be bound thereby. If you do not agree to any of the terms of this Agreement, you must immediately cease all use of the Site and all Services.
By accessing or using the Site, you represent that: you have the legal capacity to enter into this Agreement; you have read and understand the terms and conditions in this Agreement; and you accept and will abide by all of the terms and conditions in this Agreement. If you are creating or accessing an account for a User that is a corporation or other entity, you also agree that you are authorized to represent that entity and to bind that entity to this Agreement.
No third-party benefit is created or in any way implied through your acceptance of this Agreement or use of the Site. This Agreement may not be assigned by you to any third party.
This Agreement may be modified at IT Help’s discretion at any time; please check back frequently to review any such changes. Your continued use of the Site constitutes acceptance of any changes to the Agreement.
By posting or transmitting any Content to any part of the Site, you agree to grant IT Help a non-exclusive, irrevocable, perpetual, worldwide, sub-licensable, transferable, royalty-free license to exercise any intellectual property rights you may have in the Content. This license includes without limitation any copyright, publicity, database and moral rights (and national equivalents of each of the foregoing) that you may have in the Content, in any media now known or used in the future.
By posting or transmitting any Content to any part of the Site, you represent and warrant to IT Help that you possess sufficient authority, right, title and interest to such Content as is necessary, or are otherwise legally entitled, to grant the foregoing license to IT Help. You agree that any Content you post or transmit to any part of the Site will not contain third party copyrighted material, or material subject to any other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the foregoing license to IT Help.
You recognize that the Site may contain links to third party websites. These links do not constitute endorsement of the contents of third party websites by IT Help, and are provided solely for your convenience. IT Help makes no representations as to the content, availability, or accuracy of third party websites and is not responsible for any materials on such sites. You agree that IT Help is not liable for any losses or damages that you may suffer by accessing linked third party websites, and that you do so at your own risk.
IT Help reserves the right to remove any Content from the Site without prior notice to you or to any third party.
You agree that you will not:
use the Service for any purposes contrary to applicable laws or regulations;
use the Service to post, email, link to, or otherwise transmit, communicate, or make available any material that:
access, collect, attempt to access or collect, or solicit any information about another User, including without limitation another User’s account name, password, email address, or any personal information, without that User’s explicit knowledge and consent;
forge headers or other elements of network transmissions to disguise the origin of any material transmitted through the Service to IT Help or to any other User;
upload or attempt to upload content to another User’s account by any method without that User’s explicit authorization and consent;
override or attempt to override any security measure or component implemented on the Site;
create a user account purporting to describe a fictional person or character, any individual other than yourself, or any entity other than one whom you have been authorized to represent;
use any automated software or scripts to access any web pages on the Site; or
resell the Service or any portion of the Service to any third party.
IT Help reserves the right to limit, temporarily suspend, or terminate any Services or User accounts, block access to the Site, remove Content, or take any other technical and legal steps if it determines in its sole judgment that any User or other individual or entity is using the Site in a manner that may create legal liabilities or technical problems, or is acting inconsistently with this Agreement and IT Help other policies. IT Help also reserves the right to cancel unconfirmed or inactive accounts at its discretion.
You agree to indemnify, defend, and hold harmless IT Help, its managers, officers, employees, agents, members, and third-party information providers, from and against all claims, expenses, liabilities, losses, damages and costs (including without limitation direct, indirect, incidental, consequential, punitive and exemplary damages) resulting from or arising out of (a) any Content that you post to your account or otherwise transfer to or through the Site, (b) use or misuse of the Site by you or by any other person accessing the site using your account, (c) any violation of this Agreement, or (d) any violation of any third party’s rights, including infringement of any third party’s intellectual property rights or misappropriation of any third party’s trade secrets.
THE SERVICE AND ALL RELATED CONTENT AND OTHER INFORMATION IS PROVIDED SOLELY ON AN “AS IS” BASIS. IT Help EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IT Help MAKES NO GUARANTEES OF RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, PERFORMANCE, OR TIMELINESS OF SERVICE. IT Help DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OR OTHER INFORMATION RELATED TO THE SERVICE WILL BE ACCURATE OR ERROR-FREE. IT Help ADDITIONALLY DOES NOT WARRANT THAT THE FUNCTIONALITY PROVIDED BY THE SERVICE WILL BE FREE FROM ERRORS, VIRUSES, OR ANY OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL IT Help BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION OR LOST OR CORRUPTED DATA) RESULTING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE OR ITS CONTENT.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW SOME OF THE ABOVE EXCLUSIONS, IT Help’S LIABILITY ARISING IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE OR ITS CONTENT SHALL IN NO EVENT EXCEED $100, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN TORT, CONTRACT, BREACH OF WARRANTY, OR OTHERWISE).
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law provisions. You agree that any dispute arising in connection with or under this Agreement shall be resolved by binding final arbitration according to the rules of the American Arbitration Association. Such arbitration will be held in State of New Jersey, with a written decision and legal reasoning by the arbitrator available at either party’s request. Arbitration fees and reasonable attorneys’ fees for both parties shall be borne by the party that ultimately loses. You also agree that any party may obtain injunctive relief, orders to compel arbitration, and orders to enforce arbitral awards in any court of competent jurisdiction.