This is the Client agreement and policies with Myonsitetech.com and the professional independant contractors that the website lists in your local area. Please read and check the box and click continue at the botton of the page.
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Mon May 15, 2006
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Client Agreement
By checking this box you agree to our terms and conditions
Terms & Conditions / Policies: I understand that by checking the box on the client agreement and policies on page (step 3); I am signing the following contract that binds me in the same way that a paper contract binds me. A NOTE ON TERMINOLOGY: Terms defined in this Agreement, when used with initial capital letters, have the meanings given in this Agreement. "You" and "your," refer to you, the user (and your organization, if you are an employee). "Myonsitetech.com", "us", "our", and "we" refer to Myonsitetech.com, LLC a Florida based company. All use of the Myonsitetech.com website, its services, and any services offered through the website is subject to the Terms and Conditions of this agreement and the policies, agreements and instructions for the use of this site contained in the site and posted by Myonsitetech.com, which are hereby incorporated herein. If these terms are considered an offer, acceptance is expressly limited to these terms. Authorized use of the website is available only to persons who are at least 18 years old and are otherwise capable of forming legally binding contracts under applicable law. We reserve the right at any time to: • Change the Terms and Conditions of this Agreement; • Change the website, including eliminating or discontinuing any content on or feature of the website; or • Change any fees or charges for using the website. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the website. Your use of the website after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. DESCRIPTION OF SERVICE: Myonsitetech.com provides clients with access to information of certified technicians in your area and setup a time running invoice with means to hire and contract with them to preform computer services. Contact mediums with the technicians will be thru a text message,phone call and email. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Myonsitetech.com properties, shall be subject to the Terms and Conditions. You acknowledge and agree that the Myonsitetech.com service is provided "AS IS" and that Myonsitetech.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use Myonsitetech.com services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, if you do not have equipment necessary to make such connection to the World Wide Web or your web access is not working correctly, you can call the toll free number (1-877-myonsitetech) and a live person can contact a local technician about your wanting services. The technician will be equipt with a cell phone for communication. REGISTRATION: To become a client you must create an account with us. When and if you register to become a client, you agree to provide accurate, current and complete information about yourself as prompted by our client info form, and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your client data as accurate, current and complete. You acknowledge that if your client data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the website. Either you or Myonsitetech.com may terminate your access to the service at any time, for any reason. Any invoice purchases paid are nonrefundable. We reserve the right to immediately terminate your access to the Myonsitetech.com service, without notice, upon any breach of this Agreement by which is brought to our attention. Your client account of Myonsitetech.com is for your sole, personal use. You may not authorize others to use your client account, and you may not assign or otherwise transfer your client account to any other person or entity. EMAIL AND PASSWORD: As part of the client account process, you will be asked to provide an email address that will deliver your username and password to you. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us by emailing us at info@myonsitetech.com and you will have to open another account to get an auto generated user name and password emailed to you. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. ONLINE CONDUCT: As a client, you agree that: You are solely responsible for the content or information you provide on Myonsitetech.com. You will not provide on Myonsitetech.com website, or transmit to other clients or technicians, 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). Please notify us by sending an email to info@myonsitetech.com of any material contained in Myonsitetech.com that you believe infringes these rules. You will use Myonsitetech.com service in a manner consistent with any and all applicable laws and regulations. You will not include in any unrelated fields any company names, telephone numbers, street addresses, URLs, email addresses, or any confidential information of any third person, and you will not post any photographs or other images containing nudity or such personal information. Myonsitetech.com reserves the right, but has no obligation; to reject any profile, photograph, or resume that does not comply with these prohibitions. You will not remove or copy any copyright, servicemark, trademark, patents, patent pending, or other proprietary rights notices contained in the website. You will not "stalk" or otherwise harass any person. You will not engage in advertising to, or solicitation of, other clients to buy or sell any products or services through Myonsitetech.com. You will not transmit any chain letters, spam or junk email to other clients. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent. You will not harvest or collect personal information about other clients whether or not for commercial purposes, without their/our express consent. 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 website or its contents. You will not impersonate any person or entity. You will not post, distribute or reproduce in any way any copyrighted material, patent material, patent pending material, trademarks, servicemarks, trade names or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not interfere with or disrupt Myonsitetech.com services or the website or the servers or networks connected to Myonsitetech.com services or the website. 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. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Myonsitetech.com. You will not "frame" or "mirror" any part of the website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Myonsitetech.com or the website in order to direct any person to any other website for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software,code used on or for the website or cause or allow others to do so. You are solely responsible for your interactions with other clients. We do not exclude any liability for death or personal injury due to our negligence. INDEMNITY BY CLIENT: You agree to indemnify, defend and hold us, our officers, directors, technicians, managers and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, patent pending, patents, tradenames, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. 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 Myonsitetech.com are those of their respective client- author and not of Myonsitetech.com, and should not necessarily be relied upon. Such clients are solely responsible for such content. Myonsitetech.com does not guarantee the accuracy, completeness or usefulness of any information on Myonsitetech.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Myonsitetech.com be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the website or transmitted to clients. The website may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information. It is possible that other clients or technicians (including unauthorized users, or "hackers") may obtain personal information about you due to your use of the service, and that the recipient may use such information in ways other than those intended with this site. Myonsitetech.com is not responsible for the use of any personal information that you may choose to disclose on the Myonsitetech.com website. Myonsitetech.com reserves the right, but has no obligation, to monitor the materials posted in any area of the website. Myonsitetech.com shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of Myonsitetech.com, you remain solely responsible for the content of the materials you post in any area of the website and your private email messages. PROPRIETARY RIGHTS: Myonsitetech.com owns and retains other proprietary rights in the Myonsitetech.com services and the website. Myonsitetech.com services and the website contain the copyrighted material, patent material, patent pending material, trademarks and other proprietary information and software/code of Myonsitetech.com and its licensors. In addition, other clients 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 area of Myonsitetech.com, you automatically grant, and you represent and warrant that you have the right to grant, to Myonsitetech.com and other clients 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 sublicenses of the foregoing. INFORMATION SUPPLIED BY CLIENT: The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of skills, preferences and browsing patterns and to allow you to participate in the Myonsitetech.com service. All clients also agree to uphold and maintain our Privacy Policy and to the Terms and Conditions thereof. You may read a full description of our Privacy Policy at http://www.Myonsitetech.com/gensite_terms_cond.php. DISCLAIMER OF WARRANTY. MYONSITETECH.COM PROVIDES THE SERVICE AND THE WEBSITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH MYONSITETECH.COM OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE. MYONSITETECH.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MYONSITETECH.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE OR THE WEBSITE WILL BE CORRECTED. MYONSITETECH.COM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE, CELLPHONE, TEXT MESSAGING, EMAIL OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE, CELLPHONE, TEXT MESSAGES, EMAIL OR OTHER SERVICE. LIMITATION OF LIABILITY. IN NO EVENT WILL MYONSITETECH.COM BE LIABLE (i) 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 MYONSITETECH.COM SERVICES OR THE WEBSITE, EVEN IF MYONSITETECH.COM OR ITS AGENTS OR REPRESENTATIVES OR INDEPENDANT CONTRACTORS KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS MYONSITETECH.COM'S 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 MYONSITETECH.COM FOR THE SERVICE'S DURING THE TERM OF CONTRACT. In addition, Myonsitetech.com disclaims 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. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. We do not exclude any liability for death or personal injury due to our negligence. COPYRIGHT POLICY: We respect the intellectual property of others, and we ask our clients to do the same. If you believe that a copy of your work is available on Myonsitetech.com without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information: • A description of the copyrighted work that you claim has been infringed; • Details of where the infringing material is located on the website; • Your address, telephone number and email address; • A statement by you that you believe in good faith that the use of the work on the website is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and • An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf. Please deliver this information to: (Myonsitetech.com, 896 N. Federal Hwy, #922, Pompano Beach, FL, 33062) COMPLAINTS: To resolve a complaint regarding Myonsitetech.com service or the website, you should contact Myonsitetech.com at info@myonsitetech.com. GENERAL PROVISIONS: This Agreement with you, set out in these client Terms and Conditions, is governed by US law in the State of Florida and you and we submit to the non-exclusive jurisdiction of the Broward County, Florida in the event of any dispute regarding these Terms and Conditions / Policies or Myonsitetech.com service or the website or any matter related thereto. 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 excluded. This Agreement / Policies, accepted by you upon registering for Myonsitetech.com service, contains the entire agreement between you and Myonsitetech.com regarding the Myonsitetech.com service and the website, including the Myonsitetech.com Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms and Conditions will survive termination of your membership to Myonsitetech.com service. This agreement shall terminate immediately and without notice if you breach any of the Terms and Conditions, subject to the survival of all rights and reservations of Myonsitetech.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The client certifies that the client has read and agrees to be bound by these Myonsitetech.com client Terms and Conditions.
MyOnsiteTech.com, LLC
896 N. Federal Hwy, #922
Pompano Beach FL 33062
Copyright 2006 © MyOnsiteTech.com. All Rights Reserved. Patent Pending.