By accessing or
This is a legal
agreement (the "Agreement") between you, the user, and Loginetics, Inc.,
Software and PChefNet.com ("Loginetics")
1. RIGHTS, RESPONSIBILITIES.
Loginetics grants you a non-transferable, non-exclusive license to access
this web site and to view and download information contained at this web
site (collectively, the "Site"), solely for your own personal, non-commercial
use, subject to your ongoing compliance with all terms of this Agreement.
You agree to be responsible for all access of this Site by your equipment
or account, whether by you or others. You are also solely responsible for
providing and maintaining all equipment, software and services needed to
access and use the Site. You agree not to use the Site for any unlawful
purpose. You agree not to rent, retransmit, disclose, publish, sell, assign,
lease, sublicense, market, or transfer the Site or use it in any manner
not expressly authorized by this Agreement. You agree not to copy, reverse
engineer, translate, port, modify or make derivative works of the Site.
You agree not to use the Site to operate a service bureau or for any other
use involving the processing of data of other persons or entities. You
do not receive any, and Loginetics retains all, ownership rights in the
2. EXCLUSION OF WARRANTY,
LIABILITY. The Site is provided to you on an "AS IS" and "WITH ALL
FAULTS" basis. You assume the entire risk of loss in using the Site. The
Site may contain inaccuracies, omissions, errors or other defects. Loginetics
and its suppliers do not warrant that the Site will meet your needs or
expectations, that the Site will be error free or uninterrupted, that errors
can or will be corrected, that the Site is reliable or timely, or that
any information on the Site will provide any particular results or usefulness.
Loginetics and its suppliers reserve the right to make changes and improvements
to, or discontinue, the Site or any part thereof. Further, Loginetics does
not represent that the Site is appropriate or authorized for use in all
countries, states, counties or other jurisdictions; accordingly, you are
responsible for compliance with all applicable laws in accessing the Site.
LOGINETICS AND ITS SUPPLIERS
MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES,
EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND
FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL LOGINETICS
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU
(INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR
BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL,
OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY
TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE
OF WHETHER LOGINETICS OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION
BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE,
USER AGREES THAT LOGINETICS AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED
$1 U.S. Some states do not allow the exclusion or limitation of incidental
or consequential damages or the limitation of duration of an implied warranty,
so the limitation or exclusion herein may not apply to you. This warranty
shall not be applicable to the extent that any provision of this warranty
is prohibited by any federal law, or by any state or local law which cannot
be preempted. This warranty gives you specific legal rights, and you may
also have other rights which vary from state to state.
3. SUBMITTED INFORMATION.
You agree not to submit to the Site any information that infringes upon
or violates the privacy, rights, trademarks, copyrights or other intellectual
property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages
a violation of the law, that contains a virus, that is off-topic, or, without
Loginetics permission, that contains any solicitation or advertising. You
agree to indemnify and hold harmless Loginetics from any damages and costs,
including without limitation court costs and attorneys' fees, arising from
your use of the Site. By submitting information to the Site, you grant
Loginetics the royalty-free, perpetual, irrevocable, non-exclusive right
to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly
perform, translate and distribute all or part thereof in any form and for
any purpose whatsoever, and you also permit other users of the Site to
use that information subject to the rules of the Site. Loginetics shall
have the right, but not be obligated to, monitor the Site to determine
users' compliance with this Agreement and applicable laws. Loginetics shall
have the right in its sole discretion to not publish or remove any submitted
4. THIRD PARTY INFORMATION.
The Site may contain information submitted by third parties, including
without limitation users and suppliers, and may also contain links to third
party sites. Those third parties are solely responsible for the content,
accuracy and originality of the information they submit. Loginetics has
no more control over such third party content than does a public library,
newsstand, or bookstore, and Loginetics is not responsible for such third
party content. Loginetics does not evaluate or endorse any third party
information. It is your responsibility to evaluate all information provided
on the Site, or to obtain specific professional advice.
5. COPYRIGHT, TRADEMARKS.
This Site compilation and all portions authored by Loginetics are Copyright
© 1999 Loginetics, Inc., Knoxville, Tennessee. All rights reserved.
Portions of the Site authored by third parties who have licensed their
material to Loginetics are owned by those respective third parties. You
agree not to alter or remove any copyright notice or proprietary legend
Various products or names
on this site may be the trademarks of their respective owners.
This is the exclusive and entire Agreement between Loginetics and you regarding
its subject matter. You may not assign any part of this Agreement without
Loginetics' prior written consent. This Agreement shall be governed by
the internal laws of Tennessee without reference to choice of law principles.
Loginetics may terminate or restrict your use of the Site at any time without
notice if Loginetics believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without
cause; upon termination for any reason, your obligations under this Agreement
shall continue, except that you agree to no longer access or use the Site.
You consent to exclusive jurisdiction and venue in the courts of Knox County,
Tennessee for all matters arising out of or related to this Agreement or
the Site. You understand that Loginetics may comply with law enforcement
requests or subpoenas regarding your use of the Site. Loginetics reserves
the right to modify the terms of this Agreement at any time by posting
the new terms on the Site, which modifications shall take place immediately.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any prior or subsequent breach or default. If any provision
of this Agreement is declared invalid or unenforceable, the remaining provisions
of this Agreement shall remain in effect and the invalid or unenforceable
provision shall be replaced by a valid, enforceable provision that effectuates
the intent of the original provision. Loginetics' suppliers, licensors,
affiliates, subsidiaries, employees and agents shall be third party beneficiaries
of Loginetics's rights under this Agreement. All rights not granted expressly
by this Agreement are reserved.
7. SPECIAL PROVISIONS
FROM LICENSORS. All information provided by third party licensors falls
under Section 2 guidelines above and by using those services you agree
to the clauses as found in Section 2. Where warranties differ, a separate
disclaimer/license will appear on the third party licensor supplied pages.
Use of those pages constitutes acceptance of both the Section 2 license
above and the third party licensor's disclaimer/license.
Loginetics understands that the protection and security of your
account information, and any other information that is personally
identifiable, is of utmost importance. Personally identifying
information from users is collected only when the user fills out
the registration form, or in other site locations when users knowingly
submit such information to Loginetics (for example, when purchasing
goods or services). When you obtain services or purchase
goods from the Site, the information you submit may be provided
to a third party supplier in order to successfully provide you
with the services or goods you have ordered.
We may disclose to third
parties certain aggregate information contained in your registration data
or related data, provided that, such information will not include personally
identifying information, except as specifically authorized by you or in
the good faith belief that such action is reasonably necessary to comply
with the law, legal process, or to enforce the Agreement.
Loginetics may send you
emails regarding special offers available or other useful information.
If you do not wish to receive these emails, you may send us an email asking
not to receive emails.
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your hard drive, and such third party cookies are subject to the policies
of those third parties.
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