AGREEMENT BETWEEN USER AND CPSI, Ltd.

The CPSI, Ltd. Web Site is comprised of various Web pages operated by CPSI, Ltd..

The CPSI, Ltd. Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CPSI, Ltd. Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CPSI, Ltd. reserves the right to change the terms, conditions, and notices under which the CPSI, Ltd. Web Site is offered, including but not limited to the charges associated with the use of the CPSI, Ltd. Web Site.

CPSI will notify registered users immediately upon any material changes to the privacy policy.

LINKS TO THIRD PARTY SITES

The CPSI, Ltd. Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of CPSI, Ltd. and CPSI, Ltd. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CPSI, Ltd. is not responsible for webcasting or any other form of transmission received from any Linked Site. CPSI, Ltd. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CPSI, Ltd. of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CPSI, Ltd. Web Site, you warrant to CPSI, Ltd. that you will not use the CPSI, Ltd. Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CPSI, Ltd. Web Site in any manner which could damage, disable, overburden, or impair the CPSI, Ltd. Web Site or interfere with any other party’s use and enjoyment of the CPSI, Ltd. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CPSI, Ltd. Web Sites.

USE OF COMMUNICATION SERVICES

The CPSI, Ltd. Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

CPSI, Ltd. has no obligation to monitor the Communication Services. However, CPSI, Ltd. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CPSI, Ltd. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CPSI, Ltd. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CPSI, Ltd.’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CPSI, Ltd. does not control or endorse the content, messages or information found in any Communication Service and, therefore, CPSI, Ltd. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CPSI, Ltd. spokespersons, and their views do not necessarily reflect those of CPSI, Ltd..

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CPSI, Ltd. OR POSTED AT ANY CPSI, Ltd. WEB SITE

CPSI, Ltd. does not claim ownership of the materials you provide to CPSI, Ltd. (including feedback and suggestions) or post, upload, input or submit to any CPSI, Ltd. Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CPSI, Ltd., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CPSI, Ltd. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CPSI, Ltd.’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CPSI, Ltd. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CPSI, Ltd. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CPSI, Ltd. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CPSI, Ltd. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CPSI, Ltd. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CPSI, Ltd. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CPSI, Ltd. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CPSI, Ltd. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CPSI, Ltd. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CPSI, Ltd. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CPSI, Ltd. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CPSI, Ltd. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CPSI, Ltd. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CPSI, Ltd. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CPSI, Ltd. WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

CPSI, Ltd. reserves the right, in its sole discretion, to terminate your access to the CPSI, Ltd. Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the CPSI, Ltd. Web Site. Use of the CPSI, Ltd. Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPSI, Ltd. as a result of this agreement or use of the CPSI, Ltd. Web Site. CPSI, Ltd.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CPSI, Ltd.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CPSI, Ltd. Web Site or information provided to or gathered by CPSI, Ltd. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CPSI, Ltd. with respect to the CPSI, Ltd. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CPSI, Ltd. with respect to the CPSI, Ltd. Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CPSI, Ltd. Web Site are: Copyright 2014 by CPSI, Ltd. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

INTRODUCTION

This Online Privacy Policy (or “Privacy Policy”) describes how Computer Power Solutions of Illinois, Ltd. (also referred to as “CPSI,” “we” or “us”) collects, uses and shares personal information obtained from you when you visit this website.  Our collection, use and sharing of personal information is further subject to the Terms of Use for the website located at http://www.cpsiltd.com/cpsi-ltd-terms.

Please read this Privacy Policy carefully.  By accessing or using this website, on behalf of yourself and your company or organization, you consent to our collection, use, and sharing of personal information as described in this Privacy Policy.

HOW WE COLLECT AND USE PERSONAL INFORMATION

Personal Information You Volunteer.  We collect any personal information that you provide while visiting or using this website.  This may include your name, mailing address, email address, phone number, and other contact information, and any other personal information that you submit when filling out a form, requesting that we contact you, responding to a survey or questionnaire, or otherwise posting or submitting content on this website.  We use this personal information for the purposes made apparent at the time of collection, as well as to communicate with you, provide you with our products and services, monitor and improve the quality of our products and services, and as otherwise required or permitted under applicable law.  We also may use and disclose this information in de-identified form for any of the foregoing reasons or for other business or marketing purposes.

Automatic Collection of Information.  Certain types of information may be collected automatically when you visit and use the website.  For instance, we may collect the URL of the Internet site from which you linked to the website; the type of browser you are using; time and date stamp information; and information regarding your visit to the website.  We do not treat this non-personally identifiable information as personal information unless it is combined with your name or other information that personally identifies you.

Cookies.  Like many Internet sites, this website may use session-based or persistent “cookies” or other technologies to automatically gather some information about you, and to offer a personalized experience when using this website.  We use these technologies to enhance and facilitate use of this website.  Some areas of this website may require cookies, and cannot be used without enabling cookies.  If you are concerned about cookies stored on your computer, we encourage you to follow your web browser’s guidance for deleting cookies after completing a browsing session.

HOW WE SHARE PERSONAL INFORMATION

Service Providers.  We may share personal information collected through this website with companies that perform services on our behalf, including companies that provide website development, hosting, payment processing and billing services.

Affiliates and Business Partners.  We may share personal information collected through this website with our affiliated entities and strategic business partners.  These companies and organizations may use the information to contact you regarding information, products, or services that may be of interest, or as otherwise required or permitted under applicable law.

Law Enforcement and Protection.  We may disclose your personal information when we believe disclosure is appropriate to comply with the law or respond to a court order or subpoena; to prevent or investigate a possible crime, such as fraud or identity theft; or to protect the rights, property or safety of ourselves or others.  We reserve the right to report to appropriate law enforcement, governmental authorities and other third parties any activities that we, in good faith, believe to be harmful or unlawful, with or without providing notice to you.

Business Transfers.  All personal information and other content submitted by you through this website is treated as a business asset, and may be transferred by us in connection with a sale or transfer of our business or assets, including as the result of a merger, acquisition, reorganization, dissolution or liquidation.

PRIVACY PRACTICES OF THIRD PARTIES

 This website may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites.  You should review the privacy and other policies of other Internet and mobile site providers carefully, as these policies may be different than the policies of this website.  We assume no responsibility or liability for any third party Internet or mobile site operator’s privacy practices.

CHILDREN

This website is intended for and directed to adults.  In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly permit submission of personally identifiable information by anyone under 13 years of age.  If you are under the age of 13, please do not provide us with any personally identifiable information.

ONLINE SECURITY

 We strive to implement reasonable measures for the website to protect against the loss, misuse or alteration of any non-public personally identifiable information that is under our control.  However, please bear in mind that no website, database or data transmission over the Internet is totally secure, and we cannot guarantee the security of personal information you provide on or through this website.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy from time to time, including without limitation as necessary to reflect new or unanticipated uses of personal information not previously disclosed in this Privacy Policy.  Any such amendments shall be effective when posted by us on this website or otherwise made available to you.   Your access to or use of this website after we have amended this Privacy Policy shall signify your acceptance of the amended terms.

CONTACTING US

If you have questions about this Privacy Policy, desire to make corrections to personal information submitted to us, or have any other questions or comments concerning this website, please contact us by email at [email protected] or by mail at CPSI, Ltd., 235 Southwoods Center, Columbia, IL 62236.