Super PC Tools – Terms of Use

Thank you for visiting one or more of our site at www.Superpctools.com (the “Website”). Super PC Tools Limited (“Superpctools”) provides its Website and its related services to you subject to the following terms and conditions of use (“Terms").

  1. Please read these Terms carefully BEFORE using the Websites. If at any time you do not wish to accept these Terms of Use, or if you do not agree with our Privacy Policy (the “Privacy Policy”), please do not use the Website or any services offered by the Website. Your continuing access and use of the Website signifies your acceptance of these Terms. Any additional terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by Superpctools and shall be of no force or effect. Any rights not expressly granted by the Website are reserved to Superpctools.

  2. Except as specifically stated, all content and otherwise protectable features of the Website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Websites (the “Content”) are owned by Superpctools or used with permission or under license from a third party (the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. All right, title and interest in and to the Content will at all times remain with Superpctools. "SuperPCtools'" "Super Optimizer" and "Super Updater" logos, and other marks, icons and titles are trade names, trademarks or service marks of Superpctools.

  3. The use or misuse of any Content, except as provided in the Terms or in the Content, is strictly prohibited. You may access and use the Content under the following conditions: (a) you shall not copy or distribute any part of it to others, (b)you shall not use any tradename, trademark, or brand name of Superpctools, (c) you shall not, without Superpctools’s written consent modify, translate, alter or create any derivative works thereof, (e) you shall not use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Superpctool, or any third party referenced therein, and (f) you shall use the Content, and/or any services and products on the Website or accessible via the Website for lawful purposes only.

  4. Any unauthorized use, including, the reproduction, modification, distribution, transmission, republication, or display, of the Content is strictly prohibited. Superpctools reserves all other rights. You do not acquire ownership rights to any Content viewed or accessed, and Superpctools posting of the Content on the Website does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.

  5. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Superpctools and/or an Owner’s intellectual property rights.

  6. SuperPCtools may, in its sole discretion and without notice, deny any person or company access to the Websites or any portion of the Website.

  7. Superpctools takes your privacy very seriously. SuperPCtools' privacy policy online is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing or using the Websites.

  8. WE may offer you from time to time to purchase other services, licenses for other programs and products from other providers ("3rd Party Providers"). You hereby agree that we shall assume no liability of any kind for any losses or damages you may incur in connection with such 3rd Party Providers and or their services, programs and products.

  9. If you are under 18 years of age, you should not download our programs and should not use this Website. By registering or using the Website, you represent that you are at least 18 years old.

  10. Although we attempt to provide accurate information with regard to the Program, we assume no responsibility for the accuracy or inaccuracy of any information provided.

  11. ALL INFORMATION, DOCUMENTATION AND PROGRAMS PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

  12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO OUR PROGRAMS AMD THE WEBSITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE.

  13. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT OUR PROGRAMS WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PROGRAMS OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH OUR PROGRAMS.

  14. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PROGRAMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

  15. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF OUR PROGRAMS, WHETHER MADE BY EMPLOYEES OF US OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US OR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.

  16. UNDER NO CICUMSTANCES WE SHALL HAVE ANY LIABILITY TO ANY DAMAGES, LOSSES, AND/OR CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE). YOU FURTHER AGREE THAT ANY CONSIDERATION WHICH WE MAY RECEIVE (IF AT ALL) DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY US OF ANY RISK OF LOSS OR DAMAGE OF ANY KIND.

  17. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THESE TERMS, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

  18. Superpctools may make changes to the services or products available on the Website or these Terms of Use at any time in its sole discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” link in our Website. Your continued use of the Website constitutes your continued acceptance to all Terms of Use, as modified. Superpctools strongly recommends checking the Terms of Use periodically.

  19. You hereby agree to indemnify, defend and hold us and our affiliates, employees, officers, directors, stockholders, information providers, agents, consultants, licensees, licensors (the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of any breach by You of these TERMS.

  20. If any of the provisions of these TERMS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TERMS and shall not affect the validity and enforceability of any remaining provisions.

  21. Notices by us to You may be sent to the email address You provide on the registration form or otherwise by any means that we determine in its sole discretion as likely to come to Your attention. All notices by You sent to us in connection with these TERMS shall be in writing and sent by first class mail or certified mail (receipt being deemed 96 hours after postage and return receipt requested) to SUPER PC TOOLS LIMITED 5th Floor, 89 New Bond Street London, W1S 1DA England, United Kingdom.

  22. Our failure to partially or fully exercise any right shall not prevent the subsequent exercise of such right. Our e waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these TERMS. No remedy made available to us by any of the provisions of these TERMS is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.

  23. These TERMS shall be governed by and construed in accordance with the laws of the Cyprus excluding that body of law pertaining to conflict of law. Venue in any legal proceedings arising under, or in connection with, these TERMS or the transactions contemplated hereby shall be exclusively in the courts of Cyprus; You and we irrevocably consent and submit to the personal jurisdiction of the courts in the state of Cyprus and further waives any claim at any time as to forum inconvenience with respect to such venue. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any "Incoterms".

  24. If You have any questions or need any clarifications regarding these TERMS You may contact us at: [email protected]