USER’S AGREEMENT

www.DavesCopies.com

RESPONSIBILITY:

Dave Rosenbluth, his Business Managers, Agents, Officers, Employees and/or Relatives will herein Be referred to as "DavesCopies." DaveCopies is not accountable for any information, material, data, graphics, photos or e-mail that may by offensive discriminatory, pornographic, illegal or immoral; received from anywhere or found anywhere on the internet which are linked to the DaveCopies web site. The user’s storage, retrieval, or uploading of offensive, discriminatory, pornographic or illegal subject matter onto or through the DaveCopies web site and network is prohibited. Any user reported or found uploading any of the aforementioned subject matter through or onto any network or newsgroup will be held liable for any and all damages; criminal, civil or monetary.

It is the responsibility of the individual user entering DaveCopies’s web site and network or any external network to abide by the agreements and rules set forth by the external network and the laws that govern the internet.

It is the responsibility of the parents or guardians of any users who are under the age of 18, to supervise the child’s usage of the internet. The parents or guardians will be held liable or accountable for the actions of the minor child. Any user and/or their legal guardian agrees that DaveCopies can in no way be held liable or responsible for the downloading of any viruses or programs by anyone; or the user, that causes loss and or damage to files, programs, operating systems or configuration of any computer system or systems.

All services and software are considered AS IS and have no warranty or guarantee whatsoever. DaveCopies is not responsible for a customer dialing the wrong number or a web site that hangs up your modem to dial a toll change site. Please verify any number you dial and check to see that it is considered local to your phone service.

DaveCopies reserves the right to restrict any site or e-mail server and there is no guarantee that all sites will be available. Most all sites that are not available or have web site errors are due to external networks and are out of DaveCopies’ control.

LIMITED LIABILITY:

Users expressly agree that use of DaveCopies’ equipment is at User’s sole risk. DaveCopies, affiliates, agents, third parties, information providers, resellers or the like, warrant that DaveCopies’ services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the sue of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through DaveCopies, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall DaveCopies, or any one else involved in creating, producing or distributing DaveCopies’ services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use DaveCopies’ services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, equipment failure, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to DaveCopies records, programs, or services.

Under no circumstances, including defamation, discrimination, damages for, damages for not, or any other direct or indirect incident that may result from the on line ads written by DaveCopies, shall DaveCopies be liable for any incidental, special or consequential damages, that result from the reading of, or use of the line ads by DaveCopies.

Not withstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which user paid during the term of this agreement. In no way will DaveCopies be liable to you; whether in contract or in tort or under any other legal theory, including strict liability, for any damages, including, but without limitation, direct or indirect, special, incidental, punitive, negligent, exemplary, consequential, lost profits or revenues or damages arising out of or in connection with this Agreement.

INDEMNIFICATION:

Users agree that it shall defend, indemnify, save and hold DaveCopies from any and all demands, liabilities, losses, costs and claims, including but not limited to reasonable attorney’s fees, asserted against DaveCopies, resellers and customers, that may arise or result from any service provided or performed or agreed to be performed or any product sold by user, it’s agents, employees or assignees. Users agree to hold harmless DaveCopies against liabilities arising out of any injury to persons or property caused by any products sold or otherwise distributed in connection with DaveCopies’ equipment. Users agree to hold harmless DaveCopies against any materials supplied by user infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, trademark infringement, and/or any defective product which user bought or sold using DaveCopies’ service.

USAGE:

At no time will a user be allowed to use, subdivide or subcontract any of the DaveCopies web site or material supplied within, for business use, business or personal gain. Web site material used for business, business or personal gain is subject to business rates.

At no time will a user be allowed to defame, alter, distort and/or otherwise change the materials supplied within the DaveCopies web site, not for business use, commercial use, personal gain; or for defamation of character, harassment or negative promotion of the DaveCopies image. Web site material used for business, promotion or personal gain is subjected to business rates.

SECURITY:

It is agreed that DaveCopies and his representatives have the right to investigate, monitor for any reason and/or terminate any user which is perceived to be engaged in suspicious activity, computer tampering and or jeopardizing any network security. In no way shall a user give their usage to another person, or duplicate use by any means, for personal or for business use. In no way is usage of DaveCopies web site transferable, for resale or for trade, for personal or for business use. User may not rent, lease, loan, resale, distribute or network any usage provided by the DaveCopies web site. Users are not allowed to spam or send bulk e-mail to or from the DaveCopies system. You are not allowed to dial our system to use any mail server to spam or bulk e-mail. You are not allowed to sell off your usage information to anyone for any reason.

 

EQUIPMENT:

DaveCopies is not responsible for user’s computer hardware, software or configuration setup. Some Windows or Mac computers may require modification. A minimum of $65 fee will be charged for any house call or in office computer repair unless other arrangements are made. 56 FLEX/X2/V.90 connections are totally based on the quality and conditions of your computer, modem and or phone lines. A poor phone line condition, call waiting, voice mail, noise or filters on the line may result in disconnection and low speed. Please check with your phone company to have your line checked or repaired.

 

PAYMENT / TERMINATION:

Payment for services is the responsibility of the contract holder and is due upon date of service. It is the contract holder’s responsibility to mail, drop off payment or set up an auto credit payment to be received by DaveCopies no later than 5 days after the due date. Al contracts are considered active and due for each, unless cancelled in writing by the client. Any payment not received within 5 days after the due date will be considered past due, may be placed on hold and will be charged the standard interest rate for late fee, for each month. All accounts must be paid in full in order to be closed. Any uncollected accounts will be sent to collection. There will be a minimum of $155 processing fee and any and all attorney’s fees and court costs, plus past due account payable to DaveCopies.

Contract holders wishing to terminate a contract or invoice must notify DaveCopies in writing a minimum of 10 days prior to contract/voice due date. Voice mail, e mail is not accepted as cancellation of a contract if the account has become past due. DaveCopies reserves the right to terminate any unpaid contract without further notice. There will be a $155 charge on any returned check.

This agreement with all 7 (seven) sections above represents the complete agreement and understanding between DaveCopies and the users; and supersedes any other written or oral agreement. Upon notice published on-line via DaveCopies.com, DaveCopies may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered. It is the user’s responsibility to read and understand these terms and conditions. This agreement shall be governed and construed in accordance with the laws of the State of California and laws governing the internet.

                                                                   www.DavesCopies.com

 

DISCLAIMER

Responsibility:

DaveCopies.com and Linked Sites, Business Manager, Agents, Officers, Employees or Relatives will herein be referred as DaveCopies.com and Links.

Linked Sites and listed link sites have provided additional links to internet sites maintained by third parties. Neither DaveCopies.com or Links, its parent or subsidiary companies nor their affiliates operate or control in any respect any information products or devices on these third party sites. The material in these sites and the third party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, DaveCopies.com and links, disclaim all warrantees, expressed or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose. DaveCopies.com and links do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that these sites, or the server that makes them available, are free of viruses or other harmful components. DaveCopies.com and links do not warrant or make any representations regarding the use or the result of the use of any materials from this or link sites; or in third party sites in terms of correctness, accuracy, timeliness, reliability or otherwise.

Limit of Liability:

Under no circumstances, including, but no limited to, negligence, shall DaveCopies.com and links, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, DaveCopies.com and link materials. You specifically acknowledge and agree that DaveCopies.com and links are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with DaveCopies.com or any link material, or with any of DaveCopies.com’s terms and conditions, your sole and exclusive remedy is to discontinue using DaveCopies.com.

Copyright Notice:

All information represented electronically on the internet contained in any part on DaveCopies.com as represented forms of electronic media is copyright 2012 Dave Rosenbluth. All rights reserved.

Reproduction in any method of the information and other represented forms of electronic media from this site and links is strictly prohibited in any medium, without the written consent of Dave Rosenbluth. To request permission to reproduce material you see on this site, or links, email your request and purpose for reproducing material to:

DavesCopies@yahoo.com

DaveCopies.com is owned and operated by David Rosenbluth and contain material which is derived in whole or in part from material supplied by David Rosenbluth, and is protected by international copyright and trademark laws. You may not modify copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site or links, including code and software. You may download material from these sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

                  

                   License to www.DavesCopies.com

By posting messages, uploading files, inputting data or engaging in any other form of communication through this and links, you are granting DaveCopies.com and links a royalty-free, perpetual non exclusive, unrestricted, world wide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communications. You are granting the right to DaveCopies.com and links to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights to such communications, including but no limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdictions, through email transmission to DaveCopies.com.

Termination:

This agreement is effective until terminated by DaveCopies.com, at any time without notice. In the event of termination, you are no longer authorized to access site materials. The restrictions imposed on you with respect to material down loaded; the disclaimers and limitations of liability set forth in this agreement shall survive.

www.DavesCopies.com and Privacy:

We explicitly ask you for information that personally identifies you; we may request that you provide personal information, which would be used as part of a contest, poll or promotion. We place a text file called "cookie" in the browser files of your computer. The cookie text file enables the site to recognize information that you have specifically and knowingly provided DaveCopies.com. DaveCopies.com will use collected data for statistical purposes. However, your personal home address and telephone numbers will not be sold or transferred in any way.

Other:

This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact Information is provided below:

David Rosenbluth  DavesCopies@yahoo.com

                   935 W. Grand Avenue

                    Grover Beach, California 93433

www.DavesCopies.com