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This Is A Legally Binding Contract Between You And Us
If You Do Not Agree To All Of The Terms, Do Not View This Site
Your Viewing Of This Website Is Your Agreement To Be Bound By All Of The Terms Herein And The Privacy Policy Posted On This Website

 TERMS OF USE:

1.            Parties To This Terms Of Use Agreement: All persons who view this website (hereafter you, your, and/or Viewers) and Technology Hardware and Services, LLC, a Florida Corporation, DBA Bitech Computers and Florida Remote Backup, 1767 Lakewood Ranch Blvd., Bradenton, FL. 34211, (the Website Owners) and operators and their agents, officers, directors, and employees (hereafter we, our, us, and/or Website Owner) are parties to this agreement and are bound by the provisions of this Terms of Use and the provisions of the Privacy Policy on this website. Portions of this site are not open to the public and may only be accessed by those invited guests who agree to be bound by the terms of this agreement. You must use a confidential user ID and password to access certain private areas at this Website on the terms set forth below. By using your confidential user ID and password and accessing this site you are manifesting your assent and agree to be bound by the terms of this Agreement.

2.            Access:  By entering into this Agreement, you will be granted a revocable license to access this website without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to this site or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it and delete any files which you may maintain at this site and any information which you may choose to post here. You should keep a copy of any material which you post to this Website because we will not undertake to retain copies of any material which we or others may delete from this site, or which may be lost due to server failure or any other cause.

3.            Privileges Nontransferable: Your access privileges may not be transferred by you to anyone else. You further agree not to disclose to anyone your confidential password.

4.            Limitations on Postings: You agree that you will not post any comments, information, or content on this website that infringes upon any intellectual property rights of others or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at this site, or any other content that is racist, sexist, obscene, harassing, or otherwise objectionable in our sole discretion. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, illegal, racist, sexist, obscene, harassing, or otherwise objectionable. This provision is not intended to impose a contractual obligation on the owners or operators of this Website to undertake, or refrain from undertaking, any particular course of conduct.

5.            Complaint Procedures. If you believe that someone has posted material at this website which infringes the intellectual property or other rights of third-parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email to the address listed on the contact information page.  You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.

6.            Investigation and Right to Purge Postings: You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this Website, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

7.            Waiver of Claims and Remedies: By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at this Web site or our response, or failure to respond, to a complaint.

8.            Copyright: Everything you see or read on this website is owned or licensed by Website Owner. All website content is protected by United States and international copyright laws and may not be used without the prior written permission of Website Owner.

9.            Trademarks: All other trademarks not owned by Technology Hardware and Services LLC and/or Bitech Computers, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Technology Hardware and Services LLC and/or Bitech Computers.

10.          Patents: One or more patents, or applications for patents owned by Technology Hardware and Services LLC and/or Bitech Computers, may apply to this site and to the products and services viewed on this site. Portions of this site operate under license of one or more patents.

 11.         DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WEBSITE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WEBSITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEBSITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEBSITE OWNER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WEBSITE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12.          Communications Non-Confidential: Any communication or material you send or post to this website or Website Owner by email or otherwise will be treated as non-confidential and non-proprietary, regardless of any limitations you place on such communication or material.

13.          Indemnification: You agree, at your own expense, to defend us and indemnify us against any liability arising out of or relating in any way to alleged acts or omissions by you which, if true, would constitute a violation of one or more terms or provisions of this Agreement.

14.          Links: We provide links from our site as a convenience to our viewers. We have no control over the content posted at these sites and make no representations about the accuracy or contents of any material available there. Website Owner has not reviewed all of the websites (if any) linked by or to this website and is not liable for the content of any off-website pages. Your linking to any off-website pages or other websites is at your own risk.

15.          Governing Law and Venue: You agree that any action or proceeding arising out of or related to the content of this website must be brought in state or federal court in Manatee County, Florida, and shall be governed by the laws of the State of Florida, without regard to any conflict of law principles.

16.          Entire contract. This Terms of Use and accompanying Privacy Policy constitute the entire contract between the parties and supersedes all prior contracts or understandings between the parties whether written or oral, EXCEPT that in any separately executed license and/or purchase agreement for license and/or purchase of any product or service displayed on this website any provision in such purchase agreement which conflicts with any provision of this Terms of Use and Privacy Policy shall prevail over such provision of this Terms of Use and Privacy Policy

17.          Arbitration: Any dispute between the parties concerning the interpretation or enforcement of this Agreement shall be resolved through binding arbitration in accordance with the rules and procedures of the American Arbitration Wireless Industry Arbitration Rules. The dispute will be heard by one arbitrator selected from a panel provided by the American Arbitration Association. The arbitration shall be conducted in Manatee County, Florida, unless the parties mutually agree to a different location. In deciding the dispute, the arbitrator shall apply the laws of the State of Florida. The party filing for arbitration shall advance the full filing fee. The arbitrator’s fee will initially be shared equally by the parties. The arbitrator shall have the right and authority to award the prevailing party its expenses incurred in arbitration, excluding attorneys’ fees. The decision of the arbitrator shall be final and binding upon the parties, and judgment on the award may be entered in any court of competent jurisdiction. The parties agree that the arbitrator shall the authority to issue interim orders for provisional relief if necessary to avoid irrevocable harm or to preserve the rights of the parties under this Agreement.

18.          Waiver. No failure of either party to enforce any of its rights under this Terms of Use or Privacy Policy will act as a waiver of such rights. No waiver by either party of any breach of any provision herein shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

19.          Modification: Website Owner may modify this Terms of Use and Privacy Policy at any time, in its sole discretion by posting a modified Terms of Use or Privacy Policy accessible by a link on the home page of this website under the heading Terms of Use or Privacy Policy. Such modified Terms of Use or Privacy Policy will be binding and effective immediately upon posting.

20.          Construction; Severability. In the event that any provision of this Terms of Use or Privacy Policy conflicts with the law under which this Terms of Use or Privacy Policy is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction over the parties (a) such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants, and restrictions of this Terms of Use or Privacy Policy will remain in full force and effect.

Posted: August 12, 2009


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