|
Petrosoft Terms of Use Agreement
THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH PETROSOFT ("PETROSOFT") SERVICES - C-Store Office, C-Store Daily, C-Store Payroll ("SERVICES") ARE PROVIDED BY PETROSOFT OR ONE OF ITS PARTNERS TO AN INDIVIDUAL USER OR SERVICE ACCOUNT USER ("USER"). YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING AND BEING AWARE OF THE TERMS OF THE AGREEMENT. YOUR USE OF THE SITE/SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT WITH ALL ITS TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. A SERVICE ACCOUNT USER IS ALSO OBLIGATED UNDER THE SERVICE ACCOUNT AGREEMENT.
If you have any questions regarding this Agreement, please send an email to support@cstoreoffice.com. Service Account Users and Individual Account Users are charged based on the current published prices or a specific Service Agreement. Rates are subject to change at any time unless covered under a Service Agreement. Petrosoft, in conjunction with any affiliated partner, reserves the right to suspend or limit service as deemed necessary at its sole discretion and in compliance with any Service Agreement which may be in effect. User also agrees not to disable or bypass any functionality mechanisms on the Services. Services may be terminated if abused.
Users Obligations Under the Terms of Use Agreement:
All Service Account Users are also obligated under the terms of the applicable Service Account Agreement. Terms and obligations contained in any Service Account Agreement may supercede those contained in this agreement.
(a) A Users account is to be used solely by the company for whom it was created. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Petrosoft or its partner immediately of any unauthorized use of your account or any other breach of security. Petrosoft and its partners will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Petrosoft or its partner or another party due to someone else using your account or password. You may not use anyone else's account at any time.
(b) The User is solely responsible for the contents of User's files, and the Service acts as a medium for User's online creation, editing, distribution and publication of documents. However, Petrosoft reserves the right to remove from its servers any files that it deems may result in a liability exposure for Petrosoft.
(c) User represents and warrants that the files stored and distributed through User's account (or the distribution thereof): (a) do not infringe on any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) do not violate any law, statute, ordinance or regulation, including without limitation those pertaining to export control, unfair competition, anti-discrimination and false advertising; (c) are not defamatory or trade libelous; (d) are not obscene and are being distributed only to people legally permitted to receive such files; and (e) do not contain viruses, Trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines. You agree to not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means. You will not harvest or otherwise collect information about others, including e-mail addresses for spamming.
(d) The Services respects the privacy of your Petrosoft' Services contents. The Services will not monitor, edit or disclose the contents unless required by law.
(e) Notwithstanding anything to the contrary herein, Petrosoft may amend the terms applicable to the Services by providing notice solely through this Terms of Use agreement and any applicable Service Account Agreement. It is the User's sole responsibility to know and adhere to the requirements under the agreement and as it may be modified in the future.
(f) In the event that Petrosoft is required to discontinue offering the services or chooses to discontinue the services, a notice in the form of a notification to this Terms of Use Agreement, will be posted herein. The Notice will be posted no less than 30 days before discontinuation of the service, to allow Users, if they choose, to save documents outside of the Service.
(g) Petrosoft may cancel a User's account at any time based on a reasonable cause, as defined herein, and on notice to the User in the form of a direct email notification to the email address contained in the User's Profile at the time. Notice will be no less than 30 days before action is taken so the user can save any stored documents outside of the Service.
(h) Usage of the Petrosoft C-Store Office, C-store Daily, C-Store Payroll software, API, and API-generated or derived utilities, documentation or other Petrosoft' software is also covered under this agreement, including all applicable copyright and patent laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services without written permission from Petrosoft.
(i) Petrosoft reserves the right to delete any individual user account after ninety (90) days of inactivity without notice. For security reasons, new passwords will not be manually regenerated for individual user accounts.
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THESE SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETROSOFT DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THESE SERVICES, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. PETROSOFT DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PETROSOFT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED NUMBER OF ALLOWED USES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE SERVICE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF PETROSOFT AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PETROSOFT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PETROSOFT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PETROSOFT AND YOU. PETROSOFT WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE SERVICE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SERVICE. PETROSOFT AND ITS SUPPLIERS DISCLAIM ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
User or Service Account shall pay all sales, use, excise and other taxes arising from the User's use of the Services, except for any taxes customarily assessed to Petrosoft. Unpaid accounts will be cancelled when payments are 30 days in arrears. Accounts can be re-instated by paying unpaid fees plus a $50 re-instatement fee. This Agreement shall be governed in all respects by the laws of the State of Pennsylvania, USA. Both parties submit to jurisdiction in Pennsylvania, USA and further agree that any cause of action arising under this Agreement shall be brought in a court located in the state of Pennsylvania, USA. If any provision of this Agreement shall be invalid, the validity of remaining provisions of this Agreement shall not be affected. This Agreement, as written in English, is the entire Agreement between Petrosoft and User with respect to the Services and supersedes all prior policies (whether written or oral) and other communications between Petrosoft and User with respect to such matters except as may be specified in a valid separate Service Agreement. It may be changed only through modification of this publicly posted Terms of Use agreement by an authorized Petrosoft representative. The services hereunder are powered by Petrosoft Corporation (dba Petrosoft), a Pennsylvania, USA corporation, located at 1100 Washington Avenue, suite 203, Pennsylvania, PA 15106 Ph 412-279-7720. Copyright © 2002-2006 Petrosoft Inc. All rights reserved.
Designated Agent under 17 U.S.C. §512(c) Receiving Complaints and Infringement Claims.
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as Petrosoft' agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement: Name: Serge Gorloff Address: 2655 Philmont Avenue, Huntingdon Valley, PA 19006 , USA. Telephone: (888) 661-0340 Fax: 412-291-1129 E-mail: SG@CStoreoffice.com
|