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  Bits & Bytes, Inc. — Conditions of Use
 
Updated: Monday, July 12, 2004
Version: 1.4
 
Welcome to BitsBytesComputer.com. BitsBytesComputer.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at BitsBytesComputer.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future BitsBytesComputer.com service or visit or purchase from any business affiliated with BitsBytesComputer.com, whether or not included in the BitsBytesComputer.com website, you also will be subject to the guidelines and conditions applicable to such service or business.
Privacy
Please review our Privacy Notice, which also governs your visit to BitsBytesComputer.com, to understand our practices.
Electronic Communications
When you visit BitsBytesComputer.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BitsBytesComputer.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BitsBytesComputer.com and protected by U.S. and international copyright laws. All software used on this site is the property of BitsBytesComputer.com or its software suppliers and protected by United States and international copyright laws.
Trademarks
BitsBytesComputer.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bits & Bytes Inc. BitsBytesComputer.com's trademarks and trade dress may not be used in connection with any product or service that is not BitsBytesComputer.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BitsBytesComputer.com. All other trademarks not owned by BitsBytesComputer.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BitsBytesComputer.com or its subsidiaries.
License and Site Access
BitsBytesComputer.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BitsBytesComputer.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BitsBytesComputer.com. 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 BitsBytesComputer.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BitsBytesComputer.com's name or trademarks without the express written consent of BitsBytesComputer.com. Any unauthorized use terminates the permission or license granted by BitsBytesComputer.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BitsBytesComputer.com so long as the link does not portray BitsBytesComputer.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BitsBytesComputer.com logo or other proprietary graphic or trademark as part of the link without express written permission except those logos provided on the BitsBytesComputer.com Link to Bits & Bytes! page. See "Third-Party Links," below, for more information about linking.
Third-Party Links
If a third party links to BitsBytesComputer.com, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to BitsBytesComputer.com.
A web site that links to BitsBytesComputer.com:
•  May link to, but not replicate, our content;
•  May not create a browser, border environment, or frame our content;
•  May not imply that we are endorsing it or its products;
•  Should not misrepresent its relationship with us;
•  Should not present false information about our products or services; and
•  Should not contain content that could be construed as distasteful, offensive, or controversial, and should contain only content that is appropriate for all age groups.
•  If you transmit or provide data to us, it is non-confidential.
•  We do not want to receive confidential or proprietary information from you through BitsBytesComputer.com. If you transmit to or post on BitsBytesComputer.com any material, data, information, or idea by any means, it will be treated as non-confidential and non-proprietary and Bits & Bytes, Inc. shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to Bits & Bytes, Inc. is fully responsible for its content, including its truthfulness, accuracy, and its non-infringement of any other person, organization, or entity's proprietary rights. Personal data provided to us will be handled in accordance with our Privacy Notice.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BitsBytesComputer.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use BitsBytesComputer.com only with involvement of a parent or guardian (for more detail, see "Disclaimer Regarding Children Under 13" in our Privacy Notice). BitsBytesComputer.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; email product recommendations and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. BitsBytesComputer.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BitsBytesComputer.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BitsBytesComputer.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BitsBytesComputer.com or its affiliates for all claims resulting from content you supply. BitsBytesComputer.com has the right but not the obligation to monitor and edit or remove any activity or content. BitsBytesComputer.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints
BitsBytesComputer.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from BitsBytesComputer.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
BitsBytesComputer.com and its affiliates attempt to be as accurate as possible. However, BitsBytesComputer.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BitsBytesComputer.com itself is not as described, your sole remedy is to return it in unused condition. For more detail, see Our Returns Policy.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY BitsBytesComputer.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. BitsBytesComputer.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BitsBytesComputer.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BitsBytesComputer.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BitsBytesComputer.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BitsBytesComputer.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting BitsBytesComputer.com, you agree that the laws of the state of Montana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BitsBytesComputer.com or its affiliates.
Disputes
Any claim or dispute arising from or related to this Agreement or to your visit to BitsBytesComputer.com or to products you purchase through BitsBytesComputer.com shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation? (see Rules of Procedure for Christian Conciliation), a division of Peacemaker Ministries (see Peacemaker Ministries). Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. The parties understand that these methods shall be the sole remedy for any controversy or claim arising out of this agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. However, to the extent you have in any manner violated or threatened to violate BitsBytesComputer.com's intellectual property rights, BitsBytesComputer.com may seek injunctive or other appropriate relief in any state or federal court in the state of Montana, and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, and Severability
Please review our other policies, such as our Privacy Notice, posted on this site. These policies also govern your visit to BitsBytesComputer.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
Bits & Bytes, Inc.
623 Iowa Avenue
Whitefish, MT 59937
http://www.BitsBytesComputer.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BitsBytesComputer.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BitsBytesComputer.com and its affiliates that your copyrighted material has been infringed.
•  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•  A description of the copyrighted work that you claim has been infringed upon;
•  A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address;
•  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;
•  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.
BitsBytesComputer.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Bits & Bytes, Inc.
623 Iowa Avenue
Whitefish, MT 59937
http://www.BitsBytesComputer.com
phone: (800) 361-7280
fax: (406) 862-0917
email: copyright@BitsBytesComputer.com
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