USE OF COMMUNICATIONS SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading Irectify or others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof. Irectify has no obligation to monitor the Communication Services. However, Irectify reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Irectify reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Irectify reserves the right at all times to disclose any information as Irectify deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Irectify' s sole discretion. Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. LINKING You may not create hyperlinks to any portion of the Irectify Portal, nor any Materials or Software posted therein. INDEMNITY You agree to indemnify, defend, and hold Irectify, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these terms and Conditions, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Irectify's defence of any claim. Irectify reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Irectify. You agree immediately to notify Irectify of any unauthorized use of your account or any other breach of security known to you. GUESTS LIMITED LICENSE TO USE OF Irectify PORTAL If you are not currently a customer, then you are regarded as a "Guest". Usage of the Irectify Portal by current Irectify customers outside of the scope of a Service specified under an applicable Product is also treated as a "Guest". As a Guest you may use the Irectify Portal and Materials specifically designated as available to guests on the Irectify Portal for the limited purposes of (a) deciding whether to purchase the Product provided by Irectify, (b) registering with Irectify and submitting Product Orders only. The foregoing license grant is a non-exclusive revocable license. COMMUNICATIONS SERVICES Irectify may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with Irectify's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose. LIMITED LICENSES TO USE THE Irectify PORTAL, MATERIALS AND SOFTWARE As permitted through a Service, you may use Materials and Software posted on the Irectify Portal, or made available in connection with a Product which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the Irectify Portal, Services, Materials or Software, other than as explicitly permitted by Irectify is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Irectify and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited. USER RESPONSIBILITY In connection with obtaining Services, you agree that you will: Cooperate with the Irectify Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true: The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals; You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident; The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with Irectify support personnel. Software/Data Backup: You understand and agree that Irectify shall under no circumstance be responsible for any lost or corrupted software or data. Irectify strongly recommends that you at all times maintain a complete data backup and disaster recovery plan. Account, Password, and Security: For you to submit a Product Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify Irectify immediately of any unauthorized use of your account or any other breach of security. Irectify 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 Irectify or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES You hereby acknowledge that circumstances outside of Irectify's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in Irectify's ability to schedule a support session. You hereby release Irectify from any and all liability, and agree that Irectify shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. Irectify or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control. EXCLUSIONS FROM "SERVICES "Services" shall not include the following: Any item or activity not covered by the terms of a Product; Service beyond the duration limitations identified in your Product; Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control; Software, including the operating system and software added to the registered hardware products which are out of scope for the Complementary Service Plan; Problems that may and do result from: External causes such as accident, abuse, misuse, or problems with electrical power; Usage that is not in accordance with product instructions provided by manufacture; Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product. Non Compliance with the Irectify technician instructions for resolving the query. NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Irectify PORTAL, OR THROUGH A SERVICE For your convenience, Irectify may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Product. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any Irectify Web site may be copied or retransmitted unless expressly permitted by Irectify. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. END USER LICENSE AGREEMENTS (EULA) ? GENERALLY In connection with our Service, we may provide to you, the use of certain software which is owned by Irectify or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Product and for no other purpose. The Software may be accompanied by a EULA from Irectify or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA. EULA FOR Irectify SOFTWARE With regard to any Software made available to you by Irectify through the Irectify Portal for which your acceptance of a separate license agreement is not required ("Irectify Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by Irectify to use the Irectify Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the Irectify Software. You agree that the Irectify Software is the confidential and proprietary information of Irectify or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Irectify Software, or otherwise reduce the Irectify Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Irectify Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Irectify Software. You acknowledge that this license is not a sale of intellectual property and that Irectify or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Irectify Software and related documentation, as well as any corrections, updates and upgrades. Any export of the Irectify Software is strictly prohibited. THIRD PARTY SOFTWARE As part of the Services, Irectify may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Irectify assists you in the acquisition, installation, and/or use of Third Party Software. Irectify has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Your license to the Irectify Software shall remain in full force and effect unless and until terminated by Irectify, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Product and these Terms and Conditions. Upon termination of your Complementary Service for any reason, you must cease all use of the Service Plan and the Irectify Software and immediately delete the Irectify Software from your computer. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment. THIRD PARTY AGREEMENTS As part of the Services, Irectify may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Irectify may elect to make available from time to time. Violation of such third party provider's terms of service may, in Irectify's sole discretion, result in the termination of your customer account and use of service. LIMITED SERVICE WARRANTY Irectify DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW Irectify TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE. SOME OF THE Irectify PRODUCTS COME WITH A 7- DAY LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION FOR THOSE SPECIFIC PRODUCTS. THIS 7- DAY LIMITED SERVICE WARRANTY IS SUBJECT TO FULFILLMENT OF THE TERMS FOR THE SPECIFIC PRODUCT WHICH IS IN ADDITION TO THE TERMS AND CONDITIONS IN THIS DOCUMENT Irectify AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. Irectify AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Irectify AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL Irectify AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS. LIMITATION OF LIABILITY Notwithstanding anything to the contrary in no event shall Irectify be liable to you in excess of the amounts actually paid by you to Irectify under the Product Order that is the subject of the dispute. . LIMITATIONS ON ACTIONS Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. TERM AND TERMINATION Irectify at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of Irectify: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Irectify's network, or the use and enjoyment of Irectify's other users; (c) Irectify receives an order from a court to terminate the Service you are availing ; (d) if Irectify for any reason ceases to offer the Service; (e) if you are no longer a Irectify customer, or (f) Irectify determines that you are abusing the Service. Irectify, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service. SEVERABILITY; WAIVER If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Irectify's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. NO OFFER The Irectify Portal is available internationally and may contain references to Irectify products, services, and programs that are not available in a viewer's country. These references do not imply that Irectify intends to make such products, services, or programs available in such country. MODIFICATION Irectify reserves the right to amend the Terms and Condition, and the Irectify Portal at any time by (a) posting a revised version of the Terms and Conditions on the Irectify Portal (http://www.Irectify.com/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Irectify in connection with registration. You are responsible for regularly reviewing the Irectify website to be notified of any amendments to the Terms and Conditions. Your use of the Irectify Portal, or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions. LAW; FORUM This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.
Irectify has Products, a full refund will be issued to you if you do not receive your product or the product cannot be installed in your system within a period of 15 days. We want you to be 100% satisfied with our products. However, it is subject to pure discretion of the company management upon the merits of an individual case. No refund will be made after 30 days of purchase of the product. However, Irectify reserves the sole right to request additional information from you or reject your request for a refund if any fraudulent means have been adopted. Irectify reasonably believes that such a refund request is abusive and indicative of fraudulent and foul means. In case of any fraudulent requests, Irectify would seek to notify this to proper authorities and take appropriate legal action thereon. The refund process normally takes 2 weeks and at times would take one month to forty-five days during the high season of request.