Thank you for visiting PAKWARE.com. These documents are subject to change at any time without notice.
The current version will be posted online.
It is in your best interest to review these articles every time you visit the site.
- PAKWARE.com provides application development & consulting services through its then current web site (the
to its clients, which in turn, make the Online Services available to
- No Agency Relationship. PAKWARE is not an authorized agent of any SUBSCRIBER or any PARTICIPANT and therefore, cannot enter into
arrangements on behalf of, or otherwise bind, any SUBSCRIBER or any PARTICIPANT. Likewise, no SUBSCRIBER or PARTICIPANT is an authorized agent
of PAKWARE and therefore, cannot enter into arrangements on behalf of, or
otherwise bind, PAKWARE.
- Agreement to be Bound. PLEASE READ THIS POLICY CAREFULLY BEFORE ACCESSING OR USING THE ONLINE SERVICES. BY
ACCESSING OR USING THE ONLINE SERVICES, YOU, AS A PARTICIPANT, AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMERS SET FORTH ABOVE AND BELOW). IF YOU ARE NOT
WILLING TO BE BOUND BY THIS POLICY, YOU MAY NOT ACCESS OR USE THE ONLINE
SERVICES. PAKWARE MAY MODIFY THIS POLICY AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON THE EARLIER OF THE POSTING OF THE
MODIFIED POLICY OR YOUR NOTIFICATION OF SUCH MODIFICATIONS. YOU AGREE TO
REVIEW THIS POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE ONLINE SERVICES SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED POLICY.
- Equipment. You are responsible for providing and obtaining all third party software
and personal computer and communications equipment necessary to gain
access to the Online Services.
- Links to Other Sites. As a convenience to You, PAKWARE may provide links to other web sites as PAKWARE
deems appropriate. Any decision of PAKWARE to link to third party web sites is
not an endorsement of the content in the linked site. Furthermore, PAKWARE is
not responsible for the content of linked third-party sites, and PAKWARE does
not make any representation or warranty regarding the content or accuracy
of material on third party sites. If You decide to access linked third-party sites, You do so at Your own risk.
- Telephone Charges. You are responsible for all telephone charges for connecting to the Online Services, and PAKWARE assumes no responsibility or liability for
any such telephone charges, including, but not limited to, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs,
incurred by You while accessing the Online Services. Any dispute or problem regarding telephone service are strictly between You and Your
local telephone company and/or long distance service provider.
- Online Community Usage. You fully understand that the activities within the Online Services occur in real-time and therefore cannot be
monitored, edited, censored, or otherwise controlled by PAKWARE or SUBSCRIBERS. Notwithstanding the foregoing, however, PAKWARE, in its sole
discretion, reserves the right to monitor any and all activities within the Online Services. Furthermore, PAKWARE reserves the right to remove, in its
sole discretion, any content that is deemed harmful, offensive, or otherwise in violation of this Policy.
- Abusive and Offensive Content. To avoid abusive and offensive content within the
Online Services (and the online community contained therein), PAKWARE has established the following rules of usage. You agree that You will not:
- Permit any other person (other than an agent acting on Your behalf and subject to Your direct supervision) to access
the Online Services using Your account for any purpose.
- Post or transmit any message which is libelous, defamatory, or which discloses
private or personal matters concerning any person.
- Post or transmit any message, data, image, program, or information which is
indecent, obscene, or pornographic.
8.4 Post or transmit any message,
data, image, program, or information that would violate the property rights of others, including unauthorized copyrighted text, images, or
programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing or misappropriating fashion.
- Interfere with other PARTICIPANT's use of the PAKWARE Web Site, including, without limitation, disrupting the normal flow of
dialogue in a discussion thread or chat room.
- Post or transmit any file which contains a virus, worm, Trojan horse, intentionally disabling
device, or any other contaminating or destructive feature.
- Post or transmit any message which is harmful, threatening, abusive, or hateful.
Relatedly, PAKWARE does not intend to discourage You or other PARTICIPANTS
from taking controversial positions or expressing vigorously what may be
unpopular views; provided, however, that PAKWARE reserves the right to take
such action, as it deems appropriate, in cases where the PAKWARE Web Site is
used to disseminate statements that are offensive and/or harmful.
- Post chain letters or pyramid schemes or any other solicitations within the PAKWARE Web Site.
- Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is
- Engage in any other conduct that restricts
or inhibits any other person from using or enjoying the Online Services,
or which, in the judgment of PAKWARE, exposes PAKWARE or any SUBSCRIBER to any
liability or detriment of any type.
Although PAKWARE reserves the rights
to monitor, record, edit or remove the content within the Online
Community, PAKWARE has no liability or responsibility to PARTICIPANTS,
SUBSCRIBING PARTNERS or any other person or entity for the performance or
non-performance of the screening activities mentioned above.
- Warranty Disclaimer. THAT PAKWARE PROVIDES, THE ONLINE SERVICES "AS IS" AND "WITHOUT WARRANTY." PAKWARE
GRANTS NO, AND PAKWARE HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE ONLINE SERVICES AND ONLINE
SERVICE SOFTWARE (IF ANY) PROVIDE TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PAKWARE DOES NOT WARRANT THAT (i) YOUR USE OF THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY) WILL BE UNINTERRUPTED, ALWAYS
AVAILABLE, OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS; OR (i) ALL DEFECTS IN THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY) WILL BE CORRECTED.
- Limitation of liability. IN NO EVENT WILL PAKWARE BE LIABLE (i) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE
SERVICES, OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ONLINE SERVICES OR ONLINE SERVICE SOFTWARE (IF ANY),
EVEN IF PAKWARE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES; OR (ii) TO ANY PERSON OTHER THAN YOU. IN ADDITION, PAKWARE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION,
FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR UNAUTHORIZED USERS (I.E. "HACKERS") OF THE ONLINE SERVICES. IN NO EVENT SHALL PAKWARE BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE MONIES PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF BUT ONLY TO THE EXTENT SUCH AMOUNT IS
ATTRIBUTABLE TO YOU AND NOT ANOTHER PARTICIPANT) TO PAKWARE FOR ACCESS TO THE ONLINE SERVICES.
- Ownership and Rights. PAKWARE owns and retains the copyrights and other proprietary and intellectual property
rights in the Online Services and the Online Service Software (if any). Except as otherwise expressly provided, all copyrightable material
displayed on, or downloaded from, copied, performed, displayed, distributed, published,
redistributed, transmitted, or re-transmitted without the permission of the copyright owner. You may not remove, alter, or cover any copyright or
other proprietary rights notices placed on or in the Online Service Software (if any) or materials on the Online Services. All rights not
expressly granted to You in this Policy shall remain in PAKWARE.