Terms of Use
Terms of Use
Last Updated: March 2009

Welcome to the MacUpdate website. Use of this website, including use of any information, products or services presented in any area of this website, is offered to you upon your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website, or of any information, products or services presented in any area of this website, indicates your acknowledgment and acceptance of, and your agreement to follow and be bound by, these Terms of Use, our Privacy Policy and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

Modification of These Terms of Use

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our website. Because your continued use and access to this site constitutes your acceptance of these changes, we encourage you to check this website from time to time.



Use Restrictions

You may not download, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate this website, its contents, or any portion thereof in any form or by any means (electronic, mechanical, photocopying or otherwise), except with our express written consent or in the case of third party downloads offered on the site. No right, title or interest in any downloaded materials is transferred to you as a result of downloading. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.



Passwords

To use certain services available on our site, you may be required to register with us. When registering, you agree to provide complete and accurate information about yourself and to update such information as it changes. When you register, you may receive a user name and/or password. You are solely responsible for maintaining the security and confidentiality of your account and password, and agree to be responsible for all activities that occur under your account or password. MacUpdate is not responsible for any loss or liability that may arise as a result of the unauthorized use of your password. If your password is lost or stolen, it is your responsibility to notify MacUpdate so that the missing password can be deactivated and a new one assigned.



Disclaimer

WE HAVE MADE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE AND TIMELY INFORMATION THROUGH OUR WEBSITE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY INDICATED ON OUR WEBSITE, THE PERFORMANCE OF OUR WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE ON OUR WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW), INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR SYSTEM INTEGRATION. EXCEPT AS OTHERWISE EXPRESSLY INDICATED ON OUR WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT OUR WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR FREE (OR CORRECTED IN THE EVENT OF DISCOVERY OF ANY ERRORS), SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, DOWNLOADING, OR USING ANY MATERIALS FROM OUR WEBSITE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, DISABLE ACCESS TO, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PART OR ALL OF OUR WEBSITE OR ANY CONTENT CONTAINED THEREON, WITHOUT LIABILITY OR NOTICE TO YOU.



Limitation of Liability

AS A VISITOR TO OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY RELIANCE BY YOU ON ANY INFORMATION AVAILABLE ON THIS WEBSITE, SHALL BE AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS WEBSITE, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, EVEN IF INTEGRA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



Representations and Warranties by User; Indemnification by User

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to legally obligate yourself to these Terms of Use. You represent and warrant that all information that you provide through your use of this website (and all services accessed from or available on this website) is correct, and that you have the legal right and authority to provide such information. You represent and warrant that you will use this website in accordance with these Terms of Use and all applicable laws. You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.



Third Party Websites

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You should be aware that such third party websites may collect data or solicit personal information from you. As we do not control such websites, we are not responsible for their privacy policies, or for the collection, use or disclosure of any data or personal information such websites may collect. We encourage you to review the legal and privacy statements of all third party sites.



Proprietary Rights

The trademark MacUpdate and all other trademarks and service marks of MacUpdate, whether registered or unregistered, including but not limited to graphics, logos, "look and feel," and trade dress, are and shall remain the property of MacUpdate and its subsidiaries, and are protected by United States and international trademark laws, and any use of these trademarks and service marks is prohibited without the prior written consent of MacUpdate. Other trademarks on this website are the property of their respective owners. MacUpdate makes no representations about them, their owners, their products or their services. All content on this website, and the compilation thereof, is the property of MacUpdate (or, in certain cases, other users of this website or third party content providers) and is protected by United States and international copyright law. Information on this website may be used by you only for your personal use or internal non-commercial use of the business you represent, as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve any rights not expressly granted to you.



General

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its choice of law rules and provisions. The parties consent to the exclusive jurisdiction and venue of the courts in Traverse City, Michigan, U.S.A regarding any and all disputes relating to these Terms of Use or your use of this website. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. These Terms of Use shall be effective unless and until terminated at any time. We may assign this agreement to any party without notice thereof to you.



- -