End user agreement for pdf4u Printer
Terms Of Service
ACCEPTANCE OF TERMS
By using this web site, you indicate your agreement with the Terms of Service. If you do not agree with the Terms of Service, DO NOT USE this web site.
pdf4u provides its web site services to you subject to the following Terms of Service, which may be updated from time to time without notice. In addition, when using particular pdf4u services, you are subject to any guidelines or rules applicable to such services posted on the web site offering those services. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. You are responsible for regularly reviewing these terms of service.
The SERVICE is provided to individuals only. The user is permitted to make commercial use of the documents it converts to PDF format by the use of the SERVICE, such as by posting them on user's own commercial website or otherwise making use of such converted documents in the ordinary course of user's business; however, any actual or attempted commercial use of the SERVICE itself by the user, such as the user charging or attempting to charge third parties a fee to convert the third parties' documents to PDF format by running them through the SERVICE, is expressly prohibited and may result in immediate and permanent revocation of user's access to the SERVICE. You agree that your use of the SERVICE will at all times comply with all applicable local, provincial, federal, national and international laws and regulations, and that you are solely responsible for all acts or omissions that occur under your account or password, including the content of documents you submit to the SERVICE for conversion. By way of example rather than limitation, you hereby agree, among other things, not to: submit to the SERVICE for conversion to PDF format any illegal, unlawful, oppressive, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable documents or other material of any kind or nature; submit to the SERVICE for conversion to PDF format any documents or other material that may infringe upon the intellectual property rights or other rights of third parties, including without limitation such rights under the law of patents, trademarks, copyrights and trade secrets; submit to the SERVICE for conversion to PDF format any documents or other material which contain or include any viruses, trojan horses, worms, time bombs, or any other harmful or destructive programs or subroutines; violate any statute, regulation or law regarding or pertaining to the transmission of technical data or software exported from Canada; interfere with or disrupt any networks in connection with your use of the SERVICE, nor violate the regulations, policies, procedures, terms or conditions for the use of any such networks; attempt to gain unauthorized access to the documents or other material submitted to the SERVICE by any other user, nor to any other accounts, computer systems or networks connected or related to the SERVICE, through the use of password mining or by any other means; or interfere with, or disrupt in any manner, any other user's use of the SERVICE.
pdf4u provides document format conversion services over the World Wide Web. These services are provided to you on a subscription basis.
You acknowledge that pdf4u may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service. You agree that pdf4u has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that pdf4u reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
pdf4u reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that pdf4u will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION OF SERVICE
You agree that pdf4u, at its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, remove and discard any Content within the Service, and bar any further access to the Service, for any reason, including, without limitation, for lack of use or if pdf4u believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. pdf4u may also at its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice. Further, you agree that pdf4u will not be liable to you or any third-party for any termination of your access to the Service. Upon such termination, if you hold an account with the Service, pdf4u will not be obligated to refund to you the value of any credit remaining in that account.
pdf4u reserves the right to provide notices to you via email using an email address you provide when using the Service. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. pdf4u, will not be obligated to notify you of such matters via email.
In consideration of your use of the Service, if you submit registration information to us you agree to: provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms (such information being the "Registration Data").
If you provide any information that is untrue, inaccurate, not current, or incomplete, or pdf4u has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, pdf4u has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You understand that all information, data, text, documents, and other materials ("Content") submitted to the Service are the sole responsibility of the person from whom such Content originated. This means that you, and not pdf4u, are entirely responsible for all Content that you upload, post, email, convert or otherwise transmit via the Service. pdf4u does not control the Content accessible via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You acknowledge that pdf4u does not pre-screen or monitor your Content, but that pdf4u and its designee's will have the right (but not the obligation) at their sole discretion to refuse any Content that is uploaded, posted, emailed, or otherwise transmitted to the Service. Without limiting the foregoing, pdf4u and its designee's will have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.
You agree that you bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by pdf4u or submitted to pdf4u.
You understand that the technical processing and transmission of any Content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.
LINKS; DEALINGS WITH ADVERTISERS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources ("Linked Sites"). The Linked Sites are not under the control of pdf4u and pdf4u is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. pdf4u is not responsible for web casting or any other form of transmission received from any Linked Site. pdf4u is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by pdf4u of the site or any association with its operators. You acknowledge and agree that pdf4u is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that pdf4u will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that pdf4u will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
pdf4u, the pdf4u logos and product and service names are trademarks of pdf4u. Except as expressly authorized by pdf4u, you agree not to display or use in any manner, the pdf4u marks, and not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
All contents of pdf4u printer and web sites are: Copyright © 2003-2005 pdf4u. All rights reserved.
You agree to indemnify and hold pdf4u, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. PDF4U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) PDF4U MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PDF4U SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PDF4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Unless otherwise specified in these Terms of Service, this agreement constitutes the entire agreement between the user and pdf4u with respect to use of the pdf4u web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and pdf4u with respect to use of the pdf4u web sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The Terms of Service and the relationship between you and pdf4u will be governed by the laws of the Commonwealth of Texas without regard to its conflict of law provisions. Use of the pdf4u web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of service, including without limitation this paragraph.
The failure of pdf4u to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and pdf4u as a result of this agreement or the use of the pdf4u web sites.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
pdf4u's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of pdf4u's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the pdf4u, web sites or information provided to or gathered by pdf4u with respect to such use.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) month after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.