Terms and Conditions of Service
"Agreement" means the agreement between You and Us incorporating
these terms and conditions for the provision of the Service;
"We, Us, Our" means The Computer Doctor
"You, Your, Yourself" means the person whose application
for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member,
you represent and warrant that you are at least 18 years old. By using
this Web site, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by the terms and
conditions of this Agreement. Your membership for 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.
REGISTRATION AND SUBSCRIPTION: Although you may register as a
Member of the Service for free, if you wish to communicate with other
members and use certain other parts of the Service, you must become a
subscriber and pay the fees that are set out in Our
price list. This price list is part of this Agreement. We may change
any fees or charges for using the Service. To become a Member You must
register for the Service. 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 Service
and we shall not refund You unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full force
and effect while You use the Service and/or are a Member. You may terminate
your membership at any time, for any reason by following the instructions
on the Member Services, or upon receipt by Us of Your written or email
notice of termination. Either You or Us may terminate your membership
by removing your profile at any time, for any reason, without explanation,
effective upon sending written notice to the other party. Upon such termination
by Us, We shall refund, pro rata, any unused portion of any subscription
payments that have been received from You, provided that in the event
that We determine in our sole discretion that there has been any breach
of this Agreement by You, We shall not be liable to You for any refund
of any unused portion of any subscription payments and may continue to
bar Your use of the Service in the future. Even after membership is terminated,
this Agreement will remain in effect.
PROPRIETARY RIGHTS: You warrant and represent to Us that the information
posted in Your profile is posted by You and that You are the sole author
of your profile. You assign to Us with full title guarantee all copyright
in Your profile. You waive absolutely any and all moral right to be identified
as author of Your profile and any similar rights in any jurisdiction.
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 of Our public area, You automatically grant,
and you represent and warrant that You have the right to grant, to Us
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 sub-licenses
of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that: 1) 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). You will use the Service in a manner consistent with any
and all applicable laws and regulations. You will not include in Your
profile any telephone numbers, street addresses, last names, URL's or
E-mail addresses other than where asked for it in the Confidential Personal
Information section. You will not include in Your profile any offensive
anatomical or sexual references, or offensive sexually suggestive or connotative
language, and You will not post any photos containing nudity or personal
information. We reserve the right, but We have no obligation, to reject
any profile or photo that does not comply with these prohibitions and
we shall not refund You unused subscription fees. 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 or junk E-mail to other Members. For protection of members against
such conduct, We imposed a 30 message-per-day limit on subscribers. You
are solely responsible for Your interactions with other Members. We reserve
the right, but We have no obligation, to monitor and/or mediate disputes
between You and other Members.
2) Our customer service Employees are here to make your online experience
much more pleasing by providing assistance and guidance to You. When speaking
to Our customer service Employees on the phone, or communicating with
them by any other means, You undertake not to be abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing or racially offensive.
Should any of Our customer service Employees feel, at any given point,
threatened or offended by Your conduct, we reserve the right to immediately
terminate your membership and You shall not be entitled to any refund
of unused subscription fees.
We are entitled to investigate and terminate Your membership if You have
misused the Service, or behaved in a way which could be regarded as inappropriate
or whose conduct is unlawful or illegal. The following is a partial list
of the type of actions that are illegal or prohibited under this Agreement:
1) You will not impersonate any person or entity.
2) You will not "stalk" or otherwise harass any person.
3) You will not express or imply that any statements you make are endorsed
by Us, without Our specific prior written consent.
4) 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 Service or its contents.
5) 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.
6) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
7) You will not interfere with or disrupt the Services or the site or
the servers or networks connected to the Services or the site.
8) 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.
9) You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
10) You will not "frame" or "mirror" any part of the
Service, without Our prior written authorization. You also shall not use
meta tags or code or other devices containing any reference to Us or the
Service or the site in order to direct any person to any other web site
for any purpose.
11) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service
or any software used on or for the Service or cause others to do so.
12) You agree that We have no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained
or transmitted by Our Service. You acknowledge that features, parameters
or other services We provide may change at any time. You acknowledge that
We reserve the right to sign out, terminate or delete your account for
being "inactive". "Inactive" means that you have not
signed in to the Service for a particular period of time, as determined
by Us, in our sole discretion. The amount of time that We currently considers
as a "particular" period of time is 90 days. Therefore, You
must login to the Service at least once every 90 days from the date Your
Membership has been activated or Your profile will be purged from the
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and
Our officers, directors, employees, agents and third parties harmless,
for any losses, costs, liabilities and expenses (including reasonable
attorneys' fees) relating to or arising out of Your use of the Service,
(i) Your breach of this Agreement; (ii) any allegation that any materials
that You submit to Us or transmit to the Service 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 Service. 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, but not directly
by Us, are those of their respective authors, and should not necessarily
be relied upon. Such authors are solely responsible for such content.
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION
ON THE SERVICE AND NEITHER WE ADOPT NOR ENDORSE NOR RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES
OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE 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.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS
POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO
REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED
TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU
REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN
THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS
SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO
THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED
BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in the
Service shall be owned by Us absolutely these include and are not limited
to database rights, copyright, design rights (whether registered or unregistered),
trade marks (whether registered or unregistered) and other similar rights
wherever existing in the world together with the right to apply for protection
of the same. All other trademarks, logos, service marks, company or product
names set forth in this website are the property of their respective owners.
PRIVACY: The personal information (including sensitive personal
information) You provide to Us will be stored on computers. You consent
to Us using this information to build up a profile of interests, preferences
and browsing patterns and to allow You to participate in the Service.
the terms and conditions thereof. If you are located outside of the United
States, please note that the information that you provide is being sent
to the United States. By becoming a member of the Service, you consent
to your data being sent to the United States and to such other third parties
as may be involved in the provision and operation of the Service. You
may read a full description of our Privacy
DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS
AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN
ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT
TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant
that Your use of the Service will be secure, uninterrupted, always available,
or error-free, or will meet your requirements, or that any defects in
the Service will be corrected. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY
IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
We cannot guarantee that each Member is at least the required minimum
age, nor do we accept responsibility or liability for any content, communication
or other use or access of the Service by persons under the age of 18 in
violation of this Agreement. Also it is possible that other Members or
users (including unauthorized users, or "hackers") may post
or transmit offensive or obscene materials on the Service and that you
may be involuntarily exposed to such offensive and obscene materials.
It also is remotely possible for others to obtain personal information
about You due to Your use of the Service, and that the recipient may use
such information to harass or injure You. We are not responsible for the
use of any personal information that You disclose on the Service. Please
carefully select the type of information that You post on the Service
or release to others. We disclaim 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.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE 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, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES
KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY
PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR 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 US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
WE DO NOT SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS
A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL
AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING
WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE.
SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY
AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
COMPLAINTS: To resolve a complaint regarding the Service, You
should first contact Our Customer Service department by clicking: contact
DISPUTE RESOLUTION: This Agreement is governed by the laws of
the state of Louisiana without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal
courts of the state of Louisiana, city of Baton Rouge. 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
You certify that You read and that You agree to be bound by the terms
and conditions in this Agreement.