Macrolevel, Inc. - Terms of Service (ToS)

Updated: June 10, 2012 - 3:00 p.m. EST

Please review the following Terms of Service carefully. They are a legally binding contract ("Contract") between you ("You" or "Your") and Macrolevel, Inc. ("Macrolevel", "We", "Our" or "Us") regarding Your access to and use of Macrolevel's services defined below, whether via its Internet website (the "Site") telephone, email, or other designated means. By accessing the Service defined below, You agree to these Terms of Service. It is Your obligation to review periodically these Terms of Service and Your continued use of the Service following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the Terms of Service as changed.

Quick links :

Acceptance of Terms of use  Acceptance of Terms of Service
Warranties and disclaimers Warranties and disclaimers
Limitation of Liability Limitation of Liability
Description of Services Description of Services and Information
User accounts User accounts
Offensive Subject Matter Offensive Subject Matter
Links
Miscellaneous Miscellaneous
Copyright and mailing adress Copyrights

Acceptance of Terms of Service

Macrolevel, Inc. makes this Web Site, located at http://www.macrolevel.com, including all information, graphics, documents, text, products and all other elements of the Site and all products offered on this Site and services operated through the Site, available for your use subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing and using this Web Site, use of any Macrolevel services, downloading any Products and/or information, or browsing the Web Site, you agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you.

Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.

If you do not agree to all these Terms of Service, you should not use/browse this Web Site, use any services provided through this Web site or by Macrolevel (either physically by support engineer, remotely or by phone), or review/download any information from it.

These Terms of Service may be corrected and/or changed by Macrolevel at any time, and such amended Terms of Service shall be effective upon posting on this Web Site. We reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.

Warranties and disclaimers

Although care has been taken to ensure the accuracy of the information on this Web Site, Macrolevel assumes no responsibility therefor. All content on this Web site, content of all documents, pictures and files is provided "As Is" and "As available". Macrolevel hereby disclaims any direct and indirect representations or warranties of any kind, including without limitation warranties of merchantability, fithess for any particular purpose, non-infrigement, or as to operation of this Web site or the content. Also Macrolevel does not warrant that Web site or servers which make this site and services on it available all the time and communications sent by Macrolevel are free from viruses or any other threats.

The use of the services or the downloading or other use of any products through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. No advice or information whether oral or written, obtained by you from any Macrolevel employee personally or from the Web Site shall create any warranty not expressly stated in the Terms of Service.

Macrolevel warrants that the service will be performed in a good and workmanlike manner consistent with practices employed by persons knowledgeable in technical support. Macrolevel's liability for breach of this warranty shall be, at Macrolevel's sole discretion and opinion, to perform the service, or refund the charges and fees paid for the service.

Macrolevel shall be not responsible if Your use of our service results in the need for additional servicing, replacing equipment, new software installations or any additional related procedures, and it will be at Your own expence. The services are provided "As Is" and "As available", and all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement and fitness for a particular purpose. Also, Macrolevel is not responsible for damage ot loss caused by the service.

Macrolevel is a distributor/reseller only for most of the products sold as part of services or solutions we provide or offer. Products sold by Macrolevel are not manufactured by Macrolevel except the product that carry our own brand "Macro". The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Macrolevel assigns and passes through to You any warranty of the manufacturer, and You acknowledge that it shall have recourse only under such warranties and only as against the manufacturer of the products. Macrolevel MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Macrolevel DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

 

Limitation of Liability

In no event shall Macrolevel or any of its affiliates be liable for any direct, indirect, consequential, punitive, special or incidential damages (including, but no limited to damages for business interruption, loss of business, loss of profits, contract, property, revenue, data or information), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use the content of this Web site, any of services, products and information, any unatorized access to or alteration of your transmission or data, any information that it sent or recieved, or not sent or recieved, any failure to imput any information or store data, any loss or damage of any data, content, information and/or files, located on our Website or server(s), loss or interruption of any services available through the site that are delayed or interrupted, even if Macrolevel has been advised of possibility of such damage(s).

The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein. Macrolevel's liability to Client or any third party arising out of or related to this Contract however caused and arising under any theory of liability, whether based in contract, tort (including negligence), or otherwise shall not exceed in aggregate the total fees paid by Client for the Software or service (for annual contracts, the amount should not exceed the aggregated amount of fees in the immediately preceding 3 months from the date the claim arose, iff applicable). Some states do not allow the limitation or exclusion of liability for incudental or consequential damages so above limitation or exclusion may not apply.

IN NO EVENT WILL MACROLEVEL OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTIAL, PUNITIVE AND INDIRECT DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA OR USE OR FOR THE COST OF SUBSTITUTE GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR IN CONNECTION WITH MACROLEVEL PRODUCTS AND/OR SERVICES OR YOUR USE THEREOF. IN NO EVENT WILL MACROLEVEL'S OR ITS SUPPLIERS' TOTAL CUMULATIVE LIABILITY RELATING TO PARTICULAR PRODUCT AND/OR SERVICE EXCEED THE PURCHASE/PAID PRICE OF THAT PRODUCT/SERVICE PAID BY YOU.

While using any Software or Service, You must regularly back-up Your data and computer system(s) on separate media. You acknowledge that any failure to back-up data and systems may cause You to lose data in the event of an error in the Software, Service or Updates. Since only You, not Macrolevel, can know the value of Your computer systems and data, only You can implement back-up plans and safeguards appropriate to Your needs in the event that an error in the Software, Service or Updates causes computer problems or data loss.

Description of Services and information

Through its network of Web properties, Macrolevel provides you with access to a variety of resources, including download areas and product and services information. This information is subject to the Terms of Service and Online Terms of Use.

Unless otherwise specified, all information on this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site and data, located on it. As a condition of your use of information and services mentioned above, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use them in any way that could damage, disable, overburden, impair or interrupt any of our workstations, servers, or the network(s) connected to any Macrolevel's server, or processes started.

User accounts

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Macrolevel immediately of any unauthorized use of your account or any other breach of security. Macrolevel will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Macrolevel or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree that you will be not allowed to create a false identity for the purpose of misleading others.

Offensive Subject Matter

You may not use Macrolevel's services (including, but not limited to Hosting services) or servers for transmitting, disseminating, sale, storage or hosting subject matter that is unlawful, libelous, defamatory, obscene, scandalous, pornographic, indecent, lewd, filthy, excessively violent, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. You may not use Macrolevel services or servers to conduct any sexually oriented business or disseminate pornographic pictures, videos, banners, text or any similar material. You may not use Macrolevel's services or servers to threaten bodily harm or destruction of property.

Links to the Web site or to other sites

Many pages or advertisements (banners) on Macrolevel.com Web site contains for your convenience hypertext links to third party websites, located on different sites and servers in Internet. The links may let you leave Macrolevel.com Web site. These Web sites are not necessarily under the control of Macrolevel and we shall have no responsibilities whatsoever for their content or any link contained in a linked site, or any changes or updates to such site(s). If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.

Linking to the Web Site is permitted provided that you comply with the following rules. You may link to the home page of the Web Site or to any other page of the Web Site. However you are not allowed to use in-line linking or framing. You must not imply that Macrolevel endorses or sponsors the linker or its site, products or services. You must not use our intellectual property including but not limited to trademarks, trade name, copyright without advance written permission from Macrolevel. Furthermore, you agree to remove the link at any time upon our request.

Miscellaneous

This Terms of Service constitutes the entire agreement between You and Macrolevel with respect to the Site and Service, as applicable. If any provision of this Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

You acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them, You further agree that this is the complete and exclusive statement of the agreement between you and Macrolevel which supersedes any proposed pr prior agreement, oral or written, electronic or otherwise, and any other communications between you and Macrolevel relating to your use of the Web site and Service, as applicable.

Copyrights

© 2005-2012 Macrolevel, Inc.

Macrolevel, Inc.
6636 Yellowstone Blvd #12B
Forest Hills, NY 11375
New York, U.S.A.

All rights reserved.

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