San Diego PC and Mac
Legal and Privacy Information

Terms and Conditions of Usage

Welcome to the San Diego PC and Mac web site at sandiegopcandmac.com, henceforth referred to as SDPCM, or the Site. SDPCM provides its services to you subject to the following Terms and Conditions. If you visit our website and/or use our services, you agree to abide by these Terms and Conditions. If you do not agree to these Terms and Conditions of Usage, do not use any portion of the Site. SDPCM reserves the right to revise these Terms and Conditions at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions.

1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express prior written consent of SDPCM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SDPCM without our express prior written consent. You may not use any meta tags or any other "hidden text" utilizing SDPCM's name or trademarks without the express prior written consent of SDPCM. Any unauthorized use terminates the rights granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray SDPCM, its products, or its services in a false, misleading, derogatory, or otherwise negative manner. You may not use any part of the SDPCM logo or other proprietary images found on this site.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any SDPCM employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without the express prior written permission of SDPCM. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring

SDPCM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel services in its sole discretion. While SDPCM has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, SDPCM reserves the right to delete and take other appropriate action with respect to such messages, information or files with which SDPCM, in its sole and absolute discretion, deems objectionable or otherwise in violation of these Terms and Conditions. SDPCM further reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. SDPCM respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately.

4. Privacy

Your privacy is of the utmost importance to us. Your use of the Site constitutes your consent to the SDPCM privacy policy. SDPCM is committed to providing our visitors with content and services characterized by outstanding quality and customer service. By visiting the Site, you agree that your visit, and any dispute over privacy, is governed by this privacy policy. We will only collect information needed to provide you with the highest level of service possible, and agree to never share or sell your personal information, including but not limited to your email and mailing address, with any third party outside of SDPCM without your consent, in accordance with all local, state, and federal laws. Similarly, to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. In the event that through our services your personal data needs to be backed up, we pledge to never share this information with any third party. Any request by the original party to delete backed up data will be executed as expeditiously as possible.

5. Web Linking

SDPCM may link to other web sites. These links are provided as a courtesy to our visitors. These sites may collect user information or solicit personal information. SDPCM has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. SDPCM is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. SDPCM reserves the right to terminate any link at any time.

6. Copyright Ownership

All content included on this site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of SDPCM or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. SDPCM and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

7. Disclaimer and Limitation of Damages

(a) SDPCM is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, SDPCM makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will SDPCM be liable for the truth, accuracy or completeness of any information on the site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.

(b) SDPCM shall not have any liability arising from your reliance upon the information provided on the Site. While SDPCM makes reasonable efforts to present accurate and reliable information on the Site, SDPCM does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by SDPCM. Please use caution and common sense in making use of any information on the Site or any other resources on the Internet.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) Although we do not share or sell customer profile information, as outlined above in the section titled 'Privacy', we make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. From time to time, SDPCM may send information about our services to the email or mailing address provided by you. To be removed from receiving any mailings, you may contact info@sdpcm.com. SDPCM will not release personal information about you without your consent unless such action is necessary to comply with the law or legal process or to protect the interests of SDPCM or others.

(e) For services performed by SDPCM, to the extent permitted by law, you agree that SDPCM's total liability for damages is limited to the total amount you pay for said services, and you release SDPCM from liability for any indirect, incidental, special, or consequential damages. SDPCM is not liable for loss, alteration, or corruption of any data or for your inability to use your computer equipment or other product. You agree and understand and that prior to contacting or allowing SDPCM to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that SDPCM shall not be responsible under any circumstance for any loss or corruption of data and/or software.

(f) SDPCM shall not be liable for any failure or delay in performance due to any cause beyond its control. If SDPCM's ability to render services is impaired by your failure to cooperate or circumstances beyond the control of SDPCM, SDPCM may choose not to provide services. Service can also be denied if dangerous or unhealthy conditions are present including possible code violations. For any un-installation services provided, SDPCM shall not be responsible for repairing any damage or changes made to your residence.

8. Indemnification

You agree to indemnify and hold SDPCM and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

9. Applicable Laws

SDPCM operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject SDPCM to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or condition. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to SDPCM or any of its officers, employees, agents or representatives, such as where notice to SDPCM is required by contract, or any federal, state or local laws, rules or regulations.

10. Advertising

Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. Our site doesn't use cookies. However, Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. Google, as a third party vendor, uses cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Links
This Web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Advertisers
We use outside ad companies to display ads on our site. These ads may contain cookies and are collected by our ad companies, and we do not have access to this information. We work with the ad company Google Adsense. Please check their website for respective privacy policies.

Last updated on September 3rd, 2009

Inquiries regarding the terms and conditions may be directed to info@sdpcm.com