Shipping/Handling, Sales Tax and Refund Policy
We offer free shipping and handling on our Popnsurf™. For most locations, we will ship it to you ultra-fast, one day/get it tomorrow. Depending on the location, it might take up to three days or longer. If the product you receive, appears to be defective and we triple test and verify each device upon shipping it to you, you will have 3 days time to contact and return the product to us for an immediate replacement and/or refund.
Email us at info@Popnsurf.com or at firstname.lastname@example.org with your first and last name, date of purchase, invoice number and an explanation of the defect. We will offer you instructions to resolve the issue first. If we cannot resolve it, upon receiving and verifying that the product is indeed defective, we will send you a replacement immediately and/or a refund! Please note again, you will have 3 days to contact us and return it in the very rare instance the product would be defective for a replacement and/or a refund. However, refunds are not available for any other reasons than those described above. We will re-ship you the product if found to be functional. Also, if the issue is not related to a defect of our Popnsurf™ product but rather related to your computer, buyer’s remorse or you simply change your mind, a refund will not be issued. We do not make exceptions! There have been cases of customers using our Popnsurf™ to take advantage of one or all of its features temporarily and then attempted to return it for a refund. This is prohibited and we will not issue you a refund if the product is not found defective and if you do not alert us within 3 days since arrival to you. If you are having the product shipped in your state other than NY, you will be responsible to self-accrue and remit use sales tax. For the laptop bundle, if related to your purchase: you may return any new computer purchased from us that is “dead on arrival,” and/or that arrives in damaged condition or is still in unopened boxes for a full refund within 3 days since arrival to you. Popnsurf™ and Long Island PC Tech, LLC reserves the right to test “dead on arrival” returns and impose a customer fee equal to 25 percent of the product sales price if the customer misrepresents the condition of the product and will be reshipped to you as it is functional. Any returned computer that is damaged through customer misuse, is missing parts, or is in unsellable condition due to customer tampering, will result in the customer being charged for the computer and/or the Popnsurf™ product and we will not ship you a replacement. Popnsurf™ and Long Island PC Tech, LLC will not accept returns of any desktop or laptop/notebook computer more than 3 days after you receive the shipment. This is our policy and by purchasing this product(s), you will be bound by these terms and the ones below. We work very hard to answer your inquiries quickly and efficiently and we care about your satisfaction with our Popnsurf™. Feel free to contact us at email@example.com or at firstname.lastname@example.org or using the Contact page. Feel free to contact us with any questions about the product. Thank you!
Products Warranty and Product Disclaimer:
Any computers we offer for sale are warranted by its manufacturer for one year. Read and download the PDF file for all the details on what is covered by the manufacturer: PDF WARRANTY FILE. Any computers we sell are new, we open these to configure its systems to work with our Popnsurf™ product and to test that it is not a “Dead on Arrival” laptop (malfunctional). Once we verify it is functional and that it works 100% with our Popnsurf™ product, we ship it to you. For the bundled package: Popnsurf™ and the Laptop, we charge for both products and for our labor for the laptop system configuration to enable Popnsurf ‘s™ functionality.
Any gift cards, bonus gifts, promotional offers like free cloud storage, free Office 365 solution, the Windows operating system, are offered by its respective manufacturers, not by us. These are sold to us by third party manufacturers and/or vendors. You are responsible to read, accept their policies, terms and disclaimers and we are not responsible for these offers and neither we bundle these with the laptop. These offers are bundled with the laptop by the vendors and/or their manufacturers. We are merely reselling a particular computer brand to you and we configure it to enable Popnsurf ‘s™ functionality.
DISCLAIMER: Long Island PC Tech, LLC and Marcellino, LIPCTech.com, Popnsurf.com, Popnsurf™, its subsidiaries, affiliates, and/or any subcontracted company hired by Long Island PC Tech, LLC and its owner, do not assume any responsibility whatsoever for your use of the Popnsurf™ product. We do not endorse illegal activity and/or the use of our product Popnsurf™ or services for illegal purposes! We do not encourage illegal activity and/or the use of our product Popnsurf™ or services for illegal purposes! The use of our product Popnsurf™ is at your own risk. You, the customer/visitor take full responsibility of its use and its purposes.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
If you contact us through our website for any reason (e.g. by email or LiveChat) we will generally store these communications for up to 1 month, unless we are required, for legal reasons or under exceptional circumstances, to retain this information for an extended period. We may store your communication for as long as necessary to provide you services or to comply with our legal obligations, resolve disputes, and enforce our agreements.
We never handle or store complete credit card numbers, as this is done on our behalf by our payment processors. We are not responsible for any third party payment provider handling your transaction and you should refer to the third-party payment provider’s Terms to see how they use your data: Woocommerce and Paypal.com.
Long Island PC Tech, LLC, and its owner IN NO EVENT SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND/OR PRODUCTS INCLUDING POPNSURF™, EVEN IF Long island PC Tech, LLC, and its owner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Long island PC Tech, LLC, and its owner’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 Long Island PC Tech, LLC, and its owner, and the use of SERVICES DURING THE TERM OF MEMBERSHIP and the use of the website. If you purchased POPNSURF™ and you are not satisfied with it and/or it shows to be defective, you have 3 days to send it back to us for replacement and/or for a refund minus shipping and handling charges and you must contact us at email@example.com or at firstname.lastname@example.org to let us know it. Before using Popnsurf™, you will have to read, understand and accept the EULA and any terms by checking its appropriate box or the wizard will not run. You will at your own discretion choose to install optional programs along with Popnsurf™.
Statistics: Any statistics provided on www.popnsurf.com are solely based on our research and represent our opinion. We are not responsible for any data provided to you.
Indemnity. You agree to indemnify and hold Long Island PC Tech, LLC, and its owner, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Long Island PC Tech, LLC, and its owner services and/or products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Long Island PC Tech, LLC Website or through the Long Island PC Tech, LLC, and its owner services causes Long Island PC Tech, LLC to be liable to another.
Other. This Agreement is accepted upon your use of the Long Island PC Tech, LLC Website, www.popnsurf.com or any of the Long Island PC Tech, LLC, and its owner services and/or products and is further affirmed by you becoming a member, visiting pages of the website, by you posting a comment and or interacting with the content of the site. This Agreement constitutes the entire agreement between you and Long Island PC Tech, LLC regarding the use of the Long Island PC Tech, LLC, and its owner services and/or products (Popnsurf™). The failure of Long Island PC Tech, LLC, and its owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF SOFTWARE, CERTAIN SERVICES PROVIDED BY LONG ISLAND PC TECH, LLC AND LONG ISLAND PC TECH, LLC COLLECTION AND USE OF CERTAIN PERSONALLY IDENTIFIABLE INFORMATION. BY CLICKING THE “ACCEPT”, “ACTIVATE” OR SIMILAR OPTION OR INSTALLING OR USING THIS SOFTWARE PRODUCT, YOU (ON BEHALF OF YOURSELF AND/OR THE COMPANY OR LEGAL ENTITY ON WHOSE DEVICE POPNSURF™ IS INSTALLED):
AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE TERMS AND CONDITIONS REFERENCED IN SECTION 4.
YOU MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND, IN ANY EVENT, OF A LEGAL AGE TO FORM A BINDING CONTRACT. FOR INDIVIDUALS WHO ARE UNDER AGE 18, A PARENT OR LEGAL GUARDIAN MUST ACCEPT THIS AGREEMENT ON YOUR BEHALF AND MUST PROVIDE PERMISSION TO YOU TO USE POPNSURF™ OR THE SERVICES. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT AUTHORIZED TO USE POPNSURF™ OR SERVICES. IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT.
If you do not wish to agree to these terms or use PopnSurf™, please click “DECLINE” or “CANCEL” or “BACK” or any similar option. If applicable, you may obtain a refund of the purchase price as follows:
If you purchased PopnSurf™, follow the instructions at www.Popnsurf.com and/or that come with your package. If you purchased PopnSurf™ from a third party vendor, please contact us immediately;
For all other purchases, destroy all copies of the PopnSurf™ you may have made (including archival copies) and return PopnSurf™ in its original package, along with your receipt, to the point of purchase.
LONG ISLAND PC TECH, LLC may change this Agreement at any time and may notify you about such change. You may be required to read and accept such changes of this Agreement to continue to use PopnSurf™. You are not required to accept these terms or any change or update of these terms but, unless and until you do, you will not be authorized to use PopnSurf™ or the Services and PopnSurf™ may not install or activate. Your continuing use of PopnSurf™ constitutes your acceptance of any such change to this Agreement.
1.1 “Authorized Purposes” means (i) personal, noncommercial use of Free Software and (ii) personal use or internal commercial use of other Software or Services.
1.2 “Affiliate” means, with respect to any party, an entity controlling, controlled by or under common control with the applicable party. “Control,” as used in this Section 1, means ownership of more than 50% of the outstanding voting interest of the applicable entity.
1.3 “Applicable Conditions” means the terms and conditions specified (i) in your order if you downloaded PopnSurf™ in electronic form over the Internet, (ii) on PopnSurf™ package if you purchased PopnSurf™ on CD or other physical medium, or (iii) in the applicable standard terms and conditions for the Services. Applicable Conditions may include, without limitation, any terms or conditions specifying the duration of the Initial Term and the maximum number of Devices on which you are authorized to use PopnSurf™.
1.4 “LONG ISLAND PC TECH, LLC” is a company formed under the laws of the United States, New York and any other LONG ISLAND PC TECH, LLC Affiliates authorized to license applicable Software if any.
1.5 “Free Software” means Software provided to you without charge, including without limitation (i) Software provided for trial or evaluation purposes, or (ii) Software marked or otherwise designated as a “beta test” version of a Software, irrespective of whether payment has been made or (iii) any other Software or Service as made available by LONG ISLAND PC TECH, LLC as free Software or Services from time to time.
1.6 “Device” means any mobile phone, mobile device, tablet, mobile network appliance other mobile product or any personal computer running on an operating system supported by LONG ISLAND PC TECH, LLC as specified in the Applicable Conditions and in the Technical Specifications in respect of PopnSurf™.
1.7 “Feature” means a characteristic of PopnSurf™;
1.8 “Initial Term” means the period beginning on the date you acquired PopnSurf™ and continuing for the term specified by the Applicable Conditions.
1.9 “Mobile Software” means PopnSurf™ designated to be used on Devices excluding personal computers, and subject always to any exclusions or limitations set forth in the Applicable Conditions.
1.11. “Renewal Term” if applicable has the meaning ascribed to it by Section 3.1 of this Agreement.
1.12. “Services” means the services accompanying PopnSurf™ or such other services purchased, provided for free, or requested by you in connection with PopnSurf™ and which, as a result of such transaction, are provided by LONG ISLAND PC TECH, LLC.
1.13. “Software” means the relevant software product the use of which is subject to the terms and conditions of this Agreement (including but not limited to any Mobile Software and LONG ISLAND PC TECH, LLC policies.
1.14. “Technical Specifications” means the technical documentation applicable to the relevant Software.
1.15. “Term” means the Initial Term together with all Renewal Terms.
1.16. “Third Party Materials” means software, services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
1.17. “Third Party Terms and Conditions” means any third party terms and conditions governing the use of Third Party Materials.
1.18. “Update” means content or code which updates PopnSurf™ from time to time, including but not limited to: updated code and upgrade features or any other available update provided by LONG ISLAND PC TECH, LLC from time to time in connection with this Software PopnSurf™.
2. License Grant; Related Provisions.
2.1 Grant of License. LONG ISLAND PC TECH, LLC, subject to the terms and conditions of this Agreement, hereby grants you a non-exclusive and non-transferable license during the applicable Term to use PopnSurf™ only in executable or object code form and to receive and to use the Services, as applicable, solely for Authorized Purposes in the specified quantity and in accordance with the Applicable Conditions and Technical Specifications. Without limiting the foregoing, (i) if you received PopnSurf™ in combination with a Device, this license grants you to right to use PopnSurf™ solely in conjunction with the applicable Device in accordance with the Applicable Conditions and Technical Specifications; and (ii) if you received PopnSurf™ in combination with any other software or services, this license grants you the right to use PopnSurf™ solely in conjunction with the applicable unit of software or the applicable services in accordance with the Applicable Conditions and Technical Specifications. Click on “Help” on the upper left corner of the main window for help and for the source code or go to http://www.popnsurf.com/privacy-policy-terms-conditions/.
2.2 Use of Services. The Services will be governed by the Service Terms and Conditions which can be located at the applicable website. The terms and conditions covering provision of support Services are specified at http://www.popnsurf.com/privacy-policy-terms-conditions/ and may be amended from time to time by LONG ISLAND PC TECH, LLC.
2.3 Limitations. You shall not, and shall not permit any third party to, (i) copy PopnSurf™ brand for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement, publish or otherwise make available to third parties PopnSurf™ or any license number or use the same other than for Authorized Purposes, (vi) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract PopnSurf™ or any portion of PopnSurf™ (including without limitation any code belonging to PopnSurf™ and in conjunction with it that is not governed by the GPL license), (vii) except as expressly authorized by law, change, modify or otherwise alter PopnSurf™ (including without limitation any code belonging to PopnSurf™ and in conjunction with it that is not governed by the GPL license), (viii) resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense PopnSurf™ and the Services (ix) grant any third party access to or use of PopnSurf™ on a service bureau, timesharing, subscription service or application service provider or other similar basis, or (x) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of PopnSurf™, (xi) install and use PopnSurf™ on any operating system not supported by LONG ISLAND PC TECH, LLC, or (xii) remove any copyright, trademark or other proprietary notices from PopnSurf™. ANY USE OF POPNSURF™ OR THE SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED OR EXPRESSLY PROHIBITED BY THIS SECTION 2, CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
2.5 LONG ISLAND PC TECH, LLC.
2.6 Updates. LONG ISLAND PC TECH, LLC, from time to time during the Term, may provide Updates to PopnSurf™. Updates will be deemed Software for all purposes under this Agreement. You agree that you must download and permit installation of Updates when available in order to obtain maximum benefit from PopnSurf™. As part of PopnSurf™ and service delivery process for PopnSurf™, you further agree that all or some portion of each Update may be installed automatically without any action on your part. In no event shall LONG ISLAND PC TECH, LLC have any obligation to provide you with Updates during the Term or following expiration or termination of the Term, and LONG ISLAND PC TECH, LLC in its sole discretion may terminate Updates for any version of PopnSurf™ other than the most current version, or Updates supporting use of Software in connection with any versions of operating systems, email programs, browser programs and other software other than the most current version.
2.7 Customer Comments. LONG ISLAND PC TECH, LLC welcomes your comments concerning the Services and/or PopnSurf™, including notice that you have experienced a failure, error or other malfunction and suggestions for additional or different features and functions. Please send us your comments and suggestions using the web form located at www.popnsurf.com.
LONG ISLAND PC TECH, LLC shall have no obligation to respond or act on any such comments or suggestions, but you grant LONG ISLAND PC TECH, LLC a perpetual, transferrable, sublicensable, irrevocable, fully paid-up, royalty-free, worldwide right and license under your intellectual property rights (if any) to copy, modify, display, perform, retain, distribute and implement your comments and suggestions in PopnSurf™, the Services and other products and services offered by LONG ISLAND PC TECH, LLC, its Affiliates, and their respective licensors, licensees, successors and assigns.
2.8 Testing, Benchmarking. You shall not, and shall not permit any third party to, test or benchmark nor externally disclose or publish testing or benchmark results for any LONG ISLAND PC TECH, LLC Software without LONG ISLAND PC TECH, LLC prior written consent. Requests for authorization for testing or benchmarking can be directed through testing and benchmarking authorization section on the relevant www.Popnsurf.com website.
3. Renewals, Termination.
3.1 Renewals. LONG ISLAND PC TECH, LLC, prior to the conclusion of the applicable Term, may offer you the opportunity to extend the licenses granted by this Agreement at LONG ISLAND PC TECH, LLC then-current renewal price. You may accept any such offer by following the directions set forth in the offer, at which time the term of the Agreement will be extended for the applicable period (each, a “Renewal Term”).
3.2 Termination. LONG ISLAND PC TECH, LLC, in addition to such other rights as may be available at law in equity or otherwise, shall be entitled to terminate the license granted by this Agreement without liability (i) for convenience on three (3) days’ prior notice, provided that LONG ISLAND PC TECH, LLC, in its sole discretion, shall either refund to you the license fees you paid in respect of the unexpired portion of applicable Term of PopnSurf™ license or Services, pro-rated over the applicable Term, or grant a license for a substantially similar product for the remainder of the Term, or (ii) for cause at any time without notice if you commit a breach of this Agreement or decline your request.
3.3 Effect of Termination. On the expiration or termination of this Agreement, you shall cease using PopnSurf™ or the Services, LONG ISLAND PC TECH, LLC may cease making Updates available to you, and PopnSurf™ may cease functioning. Sections 1, 2.3, 3, 4, 5, 6, 7, 8, 9, 11, 12 will survive the expiration or termination of this Agreement.
4. Additional Terms.
You hereby agree that Popnsurf™ and the Services may contain links to certain Third Party Materials for which LONG ISLAND PC TECH, LLC is not responsible. You further agree and confirm that you have reviewed and accepted the Third Party Terms and Conditions, specific to the applicable Third Party Materials. LONG ISLAND PC TECH, LLC disclaims any liability or warranty in relation to any Third Party Materials and Third Party Terms and Conditions.
5.1 LONG ISLAND PC TECH, LLC reserves all rights in PopnSurf™ and Services not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to PopnSurf™ and Services (including, but not limited to, any code belonging to PopnSurf™ and in conjunction with it that is not governed by the GPL license and other data files, images appearing in PopnSurf™ and screen displays as well as any and all documentation relating to PopnSurf™) are owned by LONG ISLAND PC TECH, LLC or its licensors, and are protected by United States and foreign copyright laws, international treaties and other applicable laws. Any copy of PopnSurf™ you are permitted to create pursuant to this Agreement must contain the entire copyright notice and other notices included with the original copy of PopnSurf™ including any GPL licenses.
5.2 Any trade names, trademarks, service marks, logos, domain names or other distinctive brand features used with, on or relating to any third party products or services including Third Party Materials (“Third Party Marks”) available on or through PopnSurf™, or Services are the property of the third party providers or their respective licensors including any programs/software that run under the GPL license. Unless you have been expressly authorized in writing by such third party providers or their respective licensors, you will not use, and have no rights in, any Third Party Marks. You agree that you will not use any trade name, trademark, service mark, logo, domain name, or other distinctive brand feature of any company, entity or organization in any manner that is likely or intended to cause confusion as to the owner or authorized user of such names, marks, logos or features. LONG ISLAND PC TECH, LLC disclaims any liability or warranty in relation to any Third Party Marks.
6.1 General. LONG ISLAND PC TECH, LLC represents that, on delivery of PopnSurf™ and for a period of three days thereafter (i) the medium (if any) on which PopnSurf™ is delivered will be free of material defects, and (ii) subject to Section 6.3, PopnSurf™ will perform substantially in accordance with the Technical Specifications, and (iii) the Services will be performed with due care and skill. The foregoing warranty applies only to PopnSurf™ as originally delivered, and does not apply to Updates or defects caused by the combination, operation or use of PopnSurf™ with software, hardware or other materials not licensed hereunder, and software, hardware or other materials that do not conform to LONG ISLAND PC TECH, LLC requirements set forth in the Technical Specifications or are not specifically licensed hereunder. Your sole and exclusive remedy for breach of the warranty in this Section 6.1 is replacement of the defective media or Software or, at LONG ISLAND PC TECH, LLC’s option, return of PopnSurf™ for a full refund within three days maximum. In order to exercise your rights under this Section 6.1, you must uninstall and destroy all copies of PopnSurf™ you may have made (including all archival copies), and (i) if you purchased PopnSurf™ by download, contact us with your refund request through the www.popnsurf.com website, or (ii) for all other purchases, return PopnSurf™ in its original package, along with your receipt and with any documents required by the other vendors, to the point of purchase within three days maximum from the day of purchase or the day of delivery to your house, establishment, company, etc. Refunds will only be issued if you alert us within 3 days since arrival of the product to you and if the product is actually defective. For any other reasons, and if you do not follow these terms, refunds will not be issued.
6.2 PopnSurf™. THE PROVISIONS OF THIS SECTION 6.2 APPLY IN PLACE OF SECTION 6.1 WITH RESPECT TO LONG ISLAND PC TECH, LLC SOFTWARE AND SERVICES. ALL LONG ISLAND PC TECH, LLC SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND AND WITHOUT SUPPORT OR OTHER SERVICES BY LONG ISLAND PC TECH, LLC. THE FOREGOING ALSO EXPLICITLY APPLIES TO ANY OTHER SOFTWARE IN CONNECTION TO POPNSURF™ INCLUDING LINUX MINT AND/OR ANY OTHER PROGRAMS THAT RUN UNDER THE GPL AND OPEN SOURCE LICENSE.
6.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED BY SECTION 6.1 OF THIS AGREEMENT, LONG ISLAND PC TECH, LLC DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS WITH RESPECT TO POPNSURF™, FEATURE AND/OR SERVICES, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, WHETHER GIVEN BY ANY THIRD PARTY LICENSORS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NONINFRINGEMENT. LONG ISLAND PC TECH, LLC DOES NOT WARRANT THAT THE OPERATION OF POPNSURF™ AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE FEATURE(S) WILL SUCCESSFULLY DETECT YOUR INTERNET CONNECTION, GUIDE YOU THROUGH THE INSTALLATION OF ANY OTHER THIRD PARTY SOFTWARE/PROGRAMS INCLUDING ANY PROGRAMS THAT RUN UNDER THE GPL LICENSE OR SIMILAR, THAT POPNSURF™ WILL PROVIDE 100% PROTECTION OR THE INTEGRITY OF SELECTED DATA, PRIVACY OF SELECTED DATA AND INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
6.4 Hazardous Environments. You agree that PopnSurf™ is not designed or licensed for use in hazardous environments, including without limitation operation of nuclear facilities, aircraft navigation systems, aircraft communication systems, air traffic control, life support or weapons systems and any other environment in which bodily injury or death could result from failure of or inability to use PopnSurf™. Without limiting the provisions of Sections 6.2 and 6.3 of this Agreement, LONG ISLAND PC TECH, LLC and its licensors hereby disclaim any express or implied warranties of fitness for such purposes or uses.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LONG ISLAND PC TECH, LLC OR ITS SUPPLIERS OR RESELLERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY DEVICE OR SOFTWARE INCLUDING POPNSURF™, COSTS OF PROCURING SUBTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR POPNSURF™ AND/OR SERVICES PROVIDED HEREUNDER, EVEN IF LONG ISLAND PC TECH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LONG ISLAND PC TECH, LLC WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEMS REGARDLESS OF THE CAUSE. IN NO EVENT SHALL LONG ISLAND PC TECH, LLC LIABILITY RELATED TO POPNSURF™ AND/OR SERVICES EXCEED THE LESSER OF (I) THE FEES YOU ACTUALLY PAID FOR POPNSURF™ AND/OR SERVICES, AND (II) THE LONG ISLAND PC TECH, LLC SUGGESTED RETAIL PRICE FOR POPNSURF™ AND/OR SERVICES AS OF THE DATE YOU RECEIVED IT (OR, WITH RESPECT TO FREE SOFTWARE OR SERVICES, US$5.00). THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify, defend and hold harmless LONG ISLAND PC TECH, LLC, its Affiliates and their respective directors, officers, employees and agents, licensors, representatives, owner(s) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of PopnSurf™ or Services or any violation of this Agreement by you, including but not limited to any breach or alleged breach of any of your representations, warranties, obligations or undertakings hereunder. LONG ISLAND PC TECH, LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with LONG ISLAND PC TECH, LLC in asserting any available defenses.
9. Privacy and Security.
9.4 Fair Processing Notice.
The information LONG ISLAND PC TECH, LLC and PopnSurf™ and/or Services collect from your Device is utilized in product and security improvement, to transmit messages to your Device or to generate e-mail marketing. You may opt-out of e-mail marketing at any time by clicking the relevant link in the e-mail message or contact customer support at www.popnsurf.com.
10. Operating Systems
By accepting this Agreement you agree that LONG ISLANC PC TECH, LLC will not assume any responsibilities whatsoever if PopnSurf™ and/or any software we provide or service, during its installation and operation, disrupts and/or destroys your current operating system installed in your computer/device and your current hardware. By accepting this Agreement you understand and agree that LONG ISLAND PC TECH, LLC may perform an audit to determine whether your use of PopnSurf™ complies with the terms of this Agreement. Such audit may be carried out either through the Internet, or on site, as LONG ISLAND PC TECH, LLC deems necessary. Should the audit reveal that you are in breach of this Agreement, LONG ISLAND PC TECH, LLC, in addition to such other rights that may be available at law, equity or otherwise, shall be entitled to exercise its rights under clauses 3 and 8 of this Agreement.
12.1 Notice. LONG ISLAND PC TECH, LLC may deliver any notice to you via pop-up window, dialog box or other means, even though you may not receive the notice unless and until you launch PopnSurf™ and/or Services. Any such notice will be deemed delivered on the date LONG ISLAND PC TECH, LLC first makes it available through PopnSurf™ and/or Services, irrespective of when you actually receive it.
12.4 Amendments, Waiver. Unless specified otherwise in this Agreement, this Agreement may not be modified or changed in whole or in part, in any manner. LONG ISLAND PC TECH, LLC failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
12.5 Severability. The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any such case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
12.6 Governing Law. This Agreement will be governed by the laws of the State of New York
12.7 Export Controls. You agree that portions of PopnSurf™ may be of U.S. origin. You agree to comply with all applicable U.S. and international laws governing export and re-export of PopnSurf™, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Without derogating from the generality of the foregoing, (i) you represent that you are not a member of any of the denied person list, unverified list, entity list, specially designated nationals list, debarred list or any other lists published by the US Department of Commerce, (ii) you shall not use, export or re-export PopnSurf™ or Services to territories, destinations, companies or individuals subject to U.S. and E.U. embargos or trade sanctions, including without limitation, in the following countries: Cuba, Iran, North Korea, Sudan, Syria, Russia, Pakistan, Iraq, Afghanistan and China.
12.8 No Third Party Beneficiaries. This Agreement is intended solely for the benefit of you and LONG ISLAND PC TECH, LLC and/or its Affiliates. No person not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third party beneficiary hereof.
12.9 Language. This Agreement was originally prepared in the English language. Although LONG ISLAND PC TECH, LLC may provide one or more translations for your convenience, the English version will control in the case of any conflict or discrepancy. Customer support is available in the English language and LONG ISLAND PC TECH, LLC may possibly offer you Customer support in certain local languages.
12.10 Internet connection. You agree that certain Software may require an active and stable connection to the Internet in order to function. It is therefore your responsibility to ensure that you have at all times an active and stable Internet connection.
12.11 Product names. LONG ISLAND PC TECH, LLC reserves the right to change the name of its Software products in its sole discretion from time to time.
12.12 Assignment. You may not assign your rights or obligations under this Agreement without the prior written consent of LONG ISLAND PC TECH, LLC. LONG ISLAND PC TECH, LLC may assign this Agreement at any time in its sole discretion without any prior written consent from you.
12.13 Binding Arbitration Agreement And Class Action Waiver.
This Binding Arbitration Agreement and Class Action Waiver applies to any dispute arising from or related to PopnSurf™ involving you and LONG ISLAND PC TECH, LLC and/or its Affiliates. Dispute, for purposes of this provision, means any dispute, action, or other controversy regardless of the particular cause of action(s) asserted (i.e., it encompasses, among any other potential cause of action or legal basis, claims for breach of contract, fraud, and violation of statute or regulation). Dispute will be given the broadest possible meaning allowable under law.
In the event of a Dispute, you must provide LONG ISLAND PC TECH, LLC with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by email by contacting www.popnsurf.com, (Section 12.13 Notice of Dispute Under EULA).
If you or LONG ISLAND PC TECH, LLC do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration governed by the United States Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. You will not seek to have any Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration will be conducted by the American Arbitration Association (the “AAA”) and will be subject to AAA’s “Supplementary Procedures for Consumer Related Disputes” Effective September 15, 2005, and the associated “Costs of Arbitration (Including AAA Administrative Fees)” Effective March 1, 2013 (collectively, the “Consumer Procedures”).You agree that those Consumer Procedures are appropriately applied to any Dispute, and you agree not to advocate otherwise in any proceeding. You agree to commence arbitration only in the county in which you reside. Such arbitration will be governed by the laws of the State of New York. LONG ISLAND PC TECH, LLC will pay the consumer cost specified in section (i) of “Costs of Arbitration (Including AAA Administrative Fees)” Effective March 1, 2013. LONG ISLAND PC TECH, LLC does not agree to bear any other consumer cost.
If this provision is found to be illegal, invalid or unenforceable as to all or some parts of a Dispute, then this provision will not apply to those parts. Instead, and only in that circumstance, those parts will be severed and will proceed in a court of law, subject to all other provisions of this agreement, in which case the governing law and exclusive jurisdiction for any such court proceeding shall be the state or federal courts sitting in the State of New York. For purposes of any such court proceeding, you consent to, and agree not to challenge, those courts’ personal jurisdiction over you, and further waive objection based upon improper venue or forum non conveniens or to seek transfer to another district or jurisdiction. In any such court proceeding the Dispute shall be subject to Section 12.6 herein.
TERMS AND CONDITIONS
“This License” refers to version 3 of the GNU General Public License for the use of Linux Operating System.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.
A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work’s System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
3. Protecting Users’ Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work’s users, your or third parties’ legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation’s users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all PopnSurf™ in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party’s predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor’s “contributor version”.
A contributor’s “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License. Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor’s essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient’s use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others’ Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy’s public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. GPL and LGPL below refer to versions used and written in 2010.
Additional Terms and Conditions under the LGPL license for the use of PYside and any other code that runs under this license:
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
Affiliate Link Disclosure if any are present:
No one is paying or sponsoring popnsurf.com to review any products and/or services.
Any links to products we might recommend were personally tested by Long Island PC Tech, LLC, and we believe are the best products in the market at the lowest price.
A small commission is paid to popnsurf.com when you purchase a product and/or a service from these referral links if any.
Long Island PC Tech, LLC believes is entitled to a payoff for the hard work and time invested in testing, researching the best tech products and services at the most affordable price; It is no guarantee that these products and services will work for you and you accept all responsibilities once you purchase and/or try these.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on Popnsurf.com website by Long Island PC Tech, LLC and we reserve the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displaying prohibited content here and/or linking to us.
Harasses or advocates harassment of another person;
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
promotes information that you know, is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for unlawful purposes from other Users;
More Prohibited activity includes but is not limited to:
criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
covering or obscuring the any advertisements we may place on your personal profile page;
any automated use of the system, such as using scripts to post comments or messages;
attempting to impersonate another Member or person;
interfering with, disrupting, or creating an undue burden on the Long Island PC Tech, LLC Services or the networks or services connected to us and/or our services/products;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the our Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile; or
using the Long Island PC Tech Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Long Island PC Tech, LLC and POPNSURF™ and POPNSURF.com, its members or posted on our site without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Long Island PC Tech, LLC to terminate access privileges of anyone who repeatedly infringes the copyright rights of others upon receipt of proper notification to Long Island PC Tech, LLC by the copyright owner or the copyright owner’s legal agent.
PARTNER REFERRAL PROGRAM/CONTRACT
LONG ISLAND PC TECH, LLC AND POPNSURF.COM Referral Partner CONTRACT/Program
- This LONG ISLAND PC TECH, LLC AND POPNSURF.COM REFERRAL PARTNER CONTRACT (the “Agreement”) constitutes a legally binding agreement between Long Island PC Tech, LLC and Popnsurf.com, a New York corporation (“Long Island PC Tech, LLC and Popnsurf.com”) and you (“You” or “Your”). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH LONG ISLAND PC TECH, LLC AND POPNSURF.COM, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH LONG ISLAND PC TECH, LLC AND POPNSURF.COM MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS.
- You will be required to register for an account in order to use certain Long Island PC Tech, LLC and Popnsurf.com services/products. When You provide information during the registration process, You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
- If You register for a Long Island PC Tech, LLC and Popnsurf.com account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Long Island PC Tech, LLC and Popnsurf.com services/products using Your account information in whole or in part. Long Island PC Tech, LLC and Popnsurf.com reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.
- PROMOTING OUR SERVICES/PRODUCTS. If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the Long Island PC Tech, LLC and Popnsurf.com services/products, either by You or by another Long Island PC Tech, LLC and Popnsurf.com client (each a “Product”), whether via the Long Island PC Tech, LLC and Popnsurf.com services/products or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
- You will abide by Long Island PC Tech, LLC and Popnsurf.com’s Return and cancellation policy and you will establish Your Vendor Return Policy as set forth below.
- When You Promote a Product, You will use the applicable Vendor’s trademarks, logos, trade names or service marks in accordance with such Vendor’s trademark guidelines, which will either be supplied by Long Island PC Tech, LLC and Popnsurf.com or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, “Vendor” is defined as any person or entity that submits one or more Products for sale via the Long Island PC Tech, LLC and Popnsurf.com Marketplace, offline, online or via any other medium.
- You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of any entity or individual.
- You will not interfere with or manipulate rankings of Long Island PC Tech, LLC and Popnsurf.com’s website and services (as defined below in Section 4(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the Long Island PC Tech, LLC and Popnsurf.com services/products.
- If You Promote Products or Brands in a high risk industry, You must be in compliance with Long Island PC Tech, LLC and Popnsurf.com’s Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.
- You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
- You will not Promote any Products or services to children under the age of thirteen (13).
- You will not defame any person.
- You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
- You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
- You will not in any way copy the “look and feel” of any third party website, or otherwise imply that the Promotion is in fact a third party website.
- All communications and/or representations made by You in connection with any Promotions and/or in relation to any of our Products will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
- Long Island PC Tech, LLC and Popnsurf.com reserves the right but is not obligated to review Your Promotions. You agree that Long Island PC Tech, LLC and Popnsurf.com, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.
- You will provide valid contact information, including but not limited to a working email address and phone number, where Long Island PC Tech, LLC and Popnsurf.com can send inquiries and receive a non-automated reply by end of the following business day.
- Long Island PC Tech, LLC and Popnsurf.com does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by You and or any Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by you or any Vendors via the Long Island PC Tech, LLC and Popnsurf.com services/products. Your use of any information presented by us is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that Long Island PC Tech, LLC and Popnsurf.com does not verify statements, claims, incentives or Promotions made by you or any other Vendors otherwise made via the Long Island PC Tech, LLC and Popnsurf.com services/products.
- SUSPENSION; TERMINATION. You agree and acknowledge that:
- Subject to the terms and conditions of this Agreement and Long Island PC Tech, LLC and Popnsurf.com’s policies and procedures, Long Island PC Tech, LLC and Popnsurf.com you agree and acknowledge that from time-to-time the Long Island PC Tech, LLC and Popnsurf.com services/products may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Long Island PC Tech, LLC and Popnsurf.com may undertake from time to time; or (iii) causes beyond the reasonable control of Long Island PC Tech, LLC and Popnsurf.com or that are reasonably unforeseeable by Long Island PC Tech, LLC and Popnsurf.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Long Island PC Tech, LLC and Popnsurf.com is not liable for these periodic interruptions in availability of the Long Island PC Tech, LLC and Popnsurf.com services/products and further acknowledge that Long Island PC Tech, LLC and Popnsurf.com does not guarantee access to the Long Island PC Tech, LLC and Popnsurf.com services/products on a continuous and uninterrupted basis.
- Long Island PC Tech, LLC and Popnsurf.com may decline, delist or halt sales or Promotion of any Product from the Long Island PC Tech, LLC and Popnsurf.com website, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the Long Island PC Tech, LLC and Popnsurf.com services/products at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
- Long Island PC Tech, LLC and Popnsurf.com, in its sole discretion, may suspend or terminate Your account(s), or retain any or all funds in Your Long Island PC Tech, LLC and Popnsurf.com account, if Long Island PC Tech, LLC and Popnsurf.com suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Long Island PC Tech, LLC and Popnsurf.com at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, or Your account becomes dormant as defined in our Accounting Policy and/or has a negative balance, Long Island PC Tech, LLC and Popnsurf.com will have the right to immediately suspend or terminate Your Account and Your rights to access, use and/or otherwise participate in the Long Island PC Tech, LLC and Popnsurf.com services/products. Upon such termination, You agree to immediately cease all use of the Long Island PC Tech, LLC and Popnsurf.com services/products and Long Island PC Tech, LLC and Popnsurf.com intellectual property licensed in Section 8(b) of this Agreement. Without limiting the foregoing, Long Island PC Tech, LLC and Popnsurf.com shall have the right to immediately terminate Your access and use of the Long Island PC Tech, LLC and Popnsurf.com services/products, or any portion thereof, in the event of any conduct which Long Island PC Tech, LLC and Popnsurf.com, in its sole discretion, considers to be unacceptable.
- Following suspension or termination of an account or retaining of funds pursuant to this Section 5, Long Island PC Tech, LLC and Popnsurf.com will review Your account in a manner determined by Long Island PC Tech, LLC and Popnsurf.com in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that Long Island PC Tech, LLC and Popnsurf.com may retain funds in Your Long Island PC Tech, LLC and Popnsurf.com account as liquidated damages and/or for the benefit of Long Island PC Tech, LLC and Popnsurf.com or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to Long Island PC Tech, LLC and Popnsurf.com.
- Long Island PC Tech, LLC and Popnsurf.com may temporarily withhold any portion of the funds in Your Long Island PC Tech, LLC and Popnsurf.com account if Long Island PC Tech, LLC and Popnsurf.com, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with Long Island PC Tech, LLC and Popnsurf.com or any other Person. Long Island PC Tech, LLC and Popnsurf.com will not be responsible and liable for any third parties damage, harm, or debt that you will cause by misconduct and by not agreeing and accepting these terms. It will be your sole responsibility to accept any consequences arising from you not agreeing and respecting these terms.
- EMAIL, TEXT MESSAGES AND TELEMARKETING.
- If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of our Products and/or Your use of the Long Island PC Tech, LLC and Popnsurf.com services/products, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act (“COPPA”) (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
- You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
- You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from Long Island PC Tech, LLC and Popnsurf.com. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of our Products and/or Your use of the Long Island PC Tech, LLC and Popnsurf.com services/products, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission (“FCC”), the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at: http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
- LONG ISLAND PC TECH, LLC AND POPNSURF.COM’S IP RIGHTS.
- Except as set forth in Section 8(b) below, You may not use Long Island PC Tech, LLC and Popnsurf.com’s name, trademarks, service marks or any other IP Right of Long Island PC Tech, LLC and Popnsurf.com in any manner whatsoever to suggest association or affiliation with or endorsement by Long Island PC Tech, LLC and Popnsurf.com without the express prior written consent of Long Island PC Tech, LLC and Popnsurf.com, which Long Island PC Tech, LLC and Popnsurf.com may withhold at its sole discretion. Promotional use of images or reproductions of payment checks and Paypal receipts issued by Long Island PC Tech, LLC and Popnsurf.com without the express, written consent of Long Island PC Tech, LLC and Popnsurf.com is prohibited.
- Long Island PC Tech, LLC and Popnsurf.com uses WPAffiliate to offer you our partner referral program and as such you need to read, understand and accept their terms and conditions: https://affiliatewp.com/
- Long Island PC Tech, LLC and Popnsurf.com may revoke the foregoing license and/or provide restrictions upon Your use of Long Island PC Tech, LLC and Popnsurf.com’s name, including requiring the use of such disclaimers as Long Island PC Tech, LLC and Popnsurf.com may provide, in connection with Your use of Long Island PC Tech, LLC and Popnsurf.com’s name, at anytime and for any reason in Long Island PC Tech, LLC and Popnsurf.com’s sole discretion.
- Failure to comply with any restrictions imposed by Long Island PC Tech, LLC and Popnsurf.com upon Your use of Long Island PC Tech, LLC and Popnsurf.com’s name or failure by You to immediately cease all use of Long Island PC Tech, LLC and Popnsurf.com’s name if so instructed by Long Island PC Tech, LLC and Popnsurf.com shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such case, Long Island PC Tech, LLC and Popnsurf.com reserves the right to pursue any and all remedies available to it at law or in equity.
- You may not use or display Long Island PC Tech, LLC and Popnsurf.com’s name in any manner to disparage Long Island PC Tech, LLC and Popnsurf.com or the Long Island PC Tech, LLC and Popnsurf.com services/products.
- Notwithstanding the limited revocable license set forth in Section 8(b) above, as between the parties, Long Island PC Tech, LLC and Popnsurf.com shall be and remain the sole owner of all right, title and interest in and to the Long Island PC Tech, LLC and Popnsurf.com services/products (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Long Island PC Tech, LLC and Popnsurf.com, and You hereby assign to Long Island PC Tech, LLC and Popnsurf.com all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by Long Island PC Tech, LLC and Popnsurf.com.
- CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
- In connection with this Agreement, Long Island PC Tech, LLC and Popnsurf.com may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Long Island PC Tech, LLC and Popnsurf.com (collectively, “Confidential Information”), including, but not limited to (a) the identities of other Affiliates of Long Island PC Tech, LLC and Popnsurf.com (collectively, “Long Island PC Tech, LLC and Popnsurf.com Referral Partners”); (b) physical and data security information; (c) technical data; (d) Long Island PC Tech, LLC and Popnsurf.com website statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of Long Island PC Tech, LLC and Popnsurf.com. You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, Long Island PC Tech, LLC and Popnsurf.com Partner Referrals to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with Long Island PC Tech, LLC and Popnsurf.com or the Long Island PC Tech, LLC and Popnsurf.com services/products, including without limitation the functionality offered by the Long Island PC Tech, LLC and Popnsurf.com websites. You agree and acknowledge that Long Island PC Tech, LLC and Popnsurf.com may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with Long Island PC Tech, LLC and Popnsurf.com.
- REPRESENTATIONS AND WARRANTIES. You represent, acknowledge and warrant that:
- You may not: (i) frame, copy or mirror any content forming part of the Long Island PC Tech, LLC and Popnsurf.com services/products; (ii) reverse engineer the Long Island PC Tech, LLC and Popnsurf.com services/products or otherwise attempt to derive its source materials; (iii) access the Long Island PC Tech, LLC and Popnsurf.com services/products for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the Long Island PC Tech, LLC and Popnsurf.com services/products; (iv) interfere with or disrupt the Long Island PC Tech, LLC and Popnsurf.com services/products or any data contained therein; (v) attempt to gain unauthorized access to the Long Island PC Tech, LLC and Popnsurf.com services/products, its related systems or networks; or (vi) use the Long Island PC Tech, LLC and Popnsurf.com services/products for any unlawful purpose or in violation of the rights of any Person.
- INDEMNIFICATION. To the fullest extent permitted by Law, You agree that
- In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with Your use of the Long Island PC Tech, LLC and Popnsurf.com services/products/products and this referral partner program, your Promotions, You shall defend, indemnify and hold harmless Long Island PC Tech, LLC and Popnsurf.com, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “Long Island PC Tech, LLC and Popnsurf.com Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by any Long Island PC Tech, LLC and Popnsurf.com Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
- Upon receiving notice of a Claim for which Long Island PC Tech, LLC and Popnsurf.com is entitled to indemnification by You, Long Island PC Tech, LLC and Popnsurf.com shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Long Island PC Tech, LLC and Popnsurf.com will require Long Island PC Tech, LLC and Popnsurf.com’s prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) Long Island PC Tech, LLC and Popnsurf.com may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Long Island PC Tech, LLC and Popnsurf.com’s own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to Long Island PC Tech, LLC and Popnsurf.com’s use of such counsel.
- In the event that Long Island PC Tech, LLC and Popnsurf.com incurs costs, attorneys’ fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to Your referrals or Promotions and the use of Long Island PC tech, LLC and Popnsurf.com services/products/products, including copyright infringement complaints under the DMCA, Long Island PC Tech, LLC and Popnsurf.com reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by Long Island PC Tech, LLC and Popnsurf.com up to a maximum of ten thousand dollars ($10,000) per event. In the event that Long Island PC Tech, LLC and Popnsurf.com incurs any Losses relating to Your violation of Long Island PC Tech, LLC and Popnsurf.com’s Email/Text Message/Telemarketing policy, as set forth in Section 6 above, Long Island PC Tech, LLC and Popnsurf.com reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by Long Island PC Tech, LLC and Popnsurf.com up to a maximum of twenty thousand dollars ($20,000) per event. You understand and agree that the remedies set forth above are not exhaustive and that Long Island PC Tech, LLC and Popnsurf.com retains all rights to indemnification described herein. You authorize Long Island PC Tech, LLC and Popnsurf.com to make, and release Long Island PC Tech, LLC and Popnsurf.com from any liability in connection with, any such deductions.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY LONG ISLAND PC TECH, LLC AND POPNSURF.COM PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, WHETHER OR NOT LONG ISLAND PC TECH, LLC AND POPNSURF.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF LONG ISLAND PC TECH, LLC AND POPNSURF.COM FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY LONG ISLAND PC TECH, LLC AND POPNSURF.COM TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF LONG ISLAND PC TECH, LLC AND POPNSURF.COM SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
- NO GUARANTEE OF VALIDITY. Long Island PC Tech, LLC and Popnsurf.com does not endorse, approve, or certify any information provided on or through the Long Island PC Tech, LLC and Popnsurf.com services/products/products, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Long Island PC Tech, LLC and Popnsurf.com services/products/products may or may not be current as of the date of Your access, and Long Island PC Tech, LLC and Popnsurf.com has no duty to update and maintain such information. Additionally, the information provided on or through the Long Island PC Tech, LLC and Popnsurf.com services/products may be changed periodically without prior notice. All content provided on or through the Long Island PC Tech, LLC and Popnsurf.com services/products is provided “AS IS.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
- NO PROFESSIONAL ADVICE. Long Island PC Tech, LLC and Popnsurf.com provides professional information (for example, financial or compliance, Internet marketing and advertising) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the Long Island PC Tech, LLC and Popnsurf.com services/products/products. You understand that Long Island PC Tech, LLC and Popnsurf.com employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and You will not treat information provided by our employees, representatives, and/or agents as such. You further understand that by receiving information, facts or opinions on or through the Long Island PC Tech, LLC and Popnsurf.com services/products, You are not entering into a relationship with Long Island PC Tech, LLC and Popnsurf.com or its employees, representatives and/or agents that entitles You to client privileges that may be associated with any professional certifications or licenses.
- DISCLAIMER. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS/PRODUCTS and THEREFORE THE PARTNER REFERRAL PROGRAM. THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS/PRODUCTS AND ALL RELATED SERVICES ARE OFFERED “AS IS” AND LONG ISLAND PC TECH, LLC AND POPNSURF.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER LONG ISLAND PC TECH, LLC AND POPNSURF.COM NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE LONG ISLAND PC TECH, LLC AND POPNSURF.COM SERVICES/PRODUCTS.
- GENERAL TERMS AND CONDITIONS.
- Governing Law; Dispute Resolution, Attorneys’ Fees. You agree that New York law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Long Island, New York. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify Long Island PC Tech, LLC and Popnsurf.com for all of its reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or Long Island PC Tech, LLC and Popnsurf.com in which Long Island PC Tech, LLC and Popnsurf.com is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
- English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Long Island PC Tech, LLC and Popnsurf.com are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
- Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of Long Island PC Tech, LLC and Popnsurf.com or obligating Long Island PC Tech, LLC and Popnsurf.com in any way. You may not represent to any person that You are the agent of Long Island PC Tech, LLC and Popnsurf.com, or are authorized to act on its behalf.
- Assignment. Long Island PC Tech, LLC and Popnsurf.com may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of Long Island PC Tech, LLC and Popnsurf.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
- Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
- Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement and all of these terms found on this page; (ii) using Long Island PC Tech, LLC and Popnsurf.com’s name or referencing the Long Island PC Tech, LLC and Popnsurf.com services/products; or (iii) suggesting or implying any endorsement by Long Island PC Tech, LLC and Popnsurf.com of You without the prior written approval of Long Island PC Tech, LLC and Popnsurf.com, which Long Island PC Tech, LLC and Popnsurf.com may withhold in its sole discretion.
- Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. Long Island PC Tech, LLC and Popnsurf.com reserves the right to amend this Agreement at any time. When Long Island PC Tech, LLC and Popnsurf.com amends this Agreement, Long Island PC Tech, LLC and Popnsurf.com shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at http://www.Long Island PC Tech, LLC and Popnsurf.com.com that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the Long Island PC Tech, LLC and Popnsurf.com services/products, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to review periodically http://www.LongIslandPCTech, LLC and Popnsurf.com.com to inform Yourself of any such changes.
- Waiver. The waiver or failure by Long Island PC Tech, LLC and Popnsurf.com to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Long Island PC Tech, LLC and Popnsurf.com set forth in this Agreement are cumulative and are in addition to any rights or remedies Long Island PC Tech, LLC and Popnsurf.com may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
- Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Long Island PC Tech, LLC and Popnsurf.com which would not be adequately compensated by monetary damages and that Long Island PC Tech, LLC and Popnsurf.com may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of New york or any other court of competent jurisdiction anywhere in the world (at Long Island PC Tech, LLC and Popnsurf.com’s sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
- Force Majeure. You nor Long Island PC Tech, LLC and Popnsurf.com shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
- Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from Long Island PC Tech, LLC and Popnsurf.com if sent via email, as date stamped by Long Island PC Tech, LLC and Popnsurf.com’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
- Headings/Interpretation. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
- Survival. Sections 5, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall survive termination of this Agreement.
- Contact: You can contact us at Popnsurf@gmail.com or Info@lipctech.com for any questions you might have regarding our partner referral program.
Your privacy on the Internet is of the utmost importance to us. At Long Island PC Tech, LLC we want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION LONG ISLAND PC TECH GATHERS AND TRACKS
Long Island PC Tech gathers two types of information about users:
Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys:
Information Long Island PC Tech gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help our advertisers and sponsors better understand the demographics of our audience.
Long Island PC Tech Gathers User Information In The Following Processes:
Optional Voluntary Information
We offer the following free services, which require some type of voluntary submission of personal information by users:
1. Electronic newsletters policy (Dispatches)
We will offer a free electronic newsletter to users. Long Island PC Tech gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters on our website following the quick submission form on the right side of the blog page.
2. Message boards/forums policy
Users of the site’s Message Boards and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn’t register to visit the site. During registration, the user is required to supply a username, password, and email address.
3. “E-mail this to a friend” policy
Our site users can choose to electronically forward a link, page, or documents to someone else by clicking “e-mail this to a friend” or by clicking on the sharing options provided by us. The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Long Island PC Tech may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
5. Surveys and Feedback
Long Island PC Tech may occasionally conduct user surveys or gather feedback to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers, and partners.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
Long Island PC Tech tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Long Island PC Tech does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser).
Long Island PC Tech sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
Long Island PC Tech uses any information voluntarily given by our users to enhance their experience for our services and products offered, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of the many measures of what interests our users. But we don’t track which terms a particular user enters.
Long Island PC Tech creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors, and partners. This allows our advertisers to advertise more effectively and allows our users to receive advertisements that are pertinent to their needs. Because we don’t track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SHARING OF THE INFORMATION
Long Island PC Tech uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. We will not share information about individual users with any third party, except where stated and/or to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Popnsurf.com is hosted by Godaddy.com and uses the WordPress.org CMS platform to operate. Head over these websites to read their privacy policies and terms. We are not responsible for their policies and terms.
Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
Opting not to register to receive our electronic newsletters.
Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users
You can follow the “unsubscribe link” at the bottom of every page of our website to quickly unsubscribe besides being provided on each email that we send.
You need to be 18 years and older to use and purchase this product Popnsurf™. If you are not 18 years old, you need your parents/guardians to purchase this for you and you also need their consent, approval to use our product Popnsurf™ and your parents/guardians SUPERVISION while using it!