This
agreement (the "Agreement") describes the general Terms and Service
Conditions (the "Terms") on which DustX Computer Dust Solutions Inc.
and its affiliates (collectively " DustX Computer Dust Solutions Inc.,
“DustX”," "we," or "us") offers you ("you," "your," or "User") access
to Dustx.net (the "Service" or "Site") and any other affiliated
Dustx.net web sites and to the services and products provided on this
web site and other affiliated web sites. By viewing presented
materials, purchasing a product, asking a question, providing an
answer, or reading a previously-asked question or answer, you are
indicating that you agree to be bound by these Terms, as well as all
other applicable laws, statutes, ordinances and regulations concerning
use of the Services. If you do not accept the Terms as stated, you may
not use the Service or Purchase the Products.
DUSTX COMPUTER DUST SOLUTIONS INC. reserves the right to modify
this Agreement at any time by posting the amended terms on the Site. It
is your responsibility as a User of the Site to return periodically to
this page to review this Agreement for modifications. The home page
link to this page includes reference to when this Agreement was last
revised. Unless otherwise specified below, all Terms take effect
automatically when they are initially posted to the Site. Your
continued use of the Site following any amendment will constitute your
agreement to such amendment.
1. NATURE OF THE SERVICE
This Site is a tool to develop marketing materials designed to increase the referrals generated by patients or customers.
YOU USE THE SERVICE AT YOUR OWN RISK.
(a) User Release of DustX Computer Dust Solutions Inc. In
the event of any dispute with respect to a transaction made or action
taken or not taken by you after consulting the Service, or between User
and any other User or third party, you release DUSTX COMPUTER DUST
SOLUTIONS INC., its agents and employees from any claims and damages of
every nature (including, without limitation, actual, special,
incidental and consequential), known and unknown, disclosed and
undisclosed, arising out of or in any way connected with such dispute.
If you are a California resident, then you waive California Civil Code
S.1542 which says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have materially
affected his settlement with the debtor".
2. USE RESTRICTIONS
(a) Limited Access. Except as otherwise expressly permitted
by DustX Computer Dust Solutions Inc., any access or attempt to access
other areas of the DustX Computer Dust Solutions Inc. computer system
or other information contained on the system for any purposes is
strictly prohibited. You will not spam or send unsolicited e-mail to
any other user of the Site for any reason. You agree that you will not
use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on DustX Computer Dust Solutions Inc.'s infrastructure.
(b) Additional Use Restrictions. You shall not post,
transmit, e-mail, re-transmit or store material on or through any of
the services provided by DustX Computer Dust Solutions Inc. (the
"Services") which, in the sole judgment of the DustX Computer Dust
Solutions Inc.: (i) is in violation of any local, state, federal or
non-United States law or regulation, (ii) is threatening, obscene,
indecent, defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons") or (iii) violates
the rights of any person, including rights protected by copyright,
trade secret, patent or other intellectual property or similar laws or
regulations including, but not limited to, the installation or
distribution of "pirated" or other software products that are not
appropriately licensed for use by you. You shall be responsible for
determining what laws or regulations are applicable to its use of the
Services. In addition, you may only use the Services in a manner that,
in the DustX Computer Dust Solutions Inc.'s sole judgment, is
consistent with the purposes of such Services. If you are unsure of
whether any contemplated use or action is permitted, please contact the
DustX Computer Dust Solutions Inc.
3. INTELLECTUAL PROPERTY
(a) Rights in Work. In consideration for the opportunity to
participate in and use the Service and for other good and valuable
consideration, the receipt of which User acknowledges, and without
further compensation to User, User agrees that the content of any
Message submitted by User ("Content") will be a contribution to a
collective work prepared as a "work for hire" for DUSTX COMPUTER DUST
SOLUTIONS INC. and that DUSTX COMPUTER DUST SOLUTIONS INC. shall be
considered the author of the Content for purposes of copyright and
shall own all the rights in and to the Content, including all
copyrights or other proprietary rights. To the extent that the
foregoing is not effective for any reason, User hereby assigns and
agrees to assign upon creation to DUSTX COMPUTER DUST SOLUTIONS INC.
all right, title and interest in and to the Content and all materials
contained therein or prepared therefor and the results and proceeds
thereof to the extent that User has had or will have any right, title
or interest therein. To the extent any of the foregoing rights,
including so-called "moral rights" or rights of "droit moral," may be
inalienable, User agrees to waive and agrees not to exercise such
rights, and if such waiver and agreement are deemed invalid, to grant
to DUSTX COMPUTER DUST SOLUTIONS INC. and its designees the exclusive,
perpetual, irrevocable, worldwide and royalty free right to use, market
and modify such items without any obligation of attribution or consent.
User will not take any action that jeopardizes DUSTX COMPUTER DUST
SOLUTIONS INC.'s proprietary rights, or acquire any right in the
Content.
(b) DustX Computer Dust Solutions Inc.’s Rights.
DUSTX COMPUTER DUST SOLUTIONS INC. will own all right, title and
interest in the Content, including all rights in any copy, translation,
modification, adaptation or derivation of the Content. DUSTX COMPUTER
DUST SOLUTIONS INC. shall have the sole and exclusive right throughout
the universe in all languages and in perpetuity to use and exploit all
or any part of the Content and all or any part of any material
contained therein or prepared therefor, whether or not used therein, in
any format or version, by any means and in any media, whether now known
or hereafter developed, without further compensation to you. DUSTX
COMPUTER DUST SOLUTIONS INC. may distribute Content at its sole
discretion by any method of distribution now existing or later
developed.
(c) Rights Clearances and Assignments. You will be solely
responsible for obtaining all rights clearances (including any
work-for-hire agreements or assignments from employees, agents,
contractors, consultants or representatives needed by User to
effectuate DUSTX COMPUTER DUST SOLUTIONS INC.'s rights set forth in
this Section) with respect to all Content created or provided by User
to DUSTX COMPUTER DUST SOLUTIONS INC. in connection with this
Agreement. At DUSTX COMPUTER DUST SOLUTIONS INC.'s request, User will
obtain the execution of any instrument, including from any employee or
contractor, that may be appropriate to assign these rights under this
Section to DUSTX COMPUTER DUST SOLUTIONS INC. or perfect these rights
in DUSTX COMPUTER DUST SOLUTIONS INC.'s name.
(d) DustX Computer Dust Solutions Inc.’s Proprietary Material.
The Content and all other information, data, text, graphics, images,
photographs, audio and video clips, logos, icons and software appearing
on the Service ("Content") are and will remain the property of DUSTX
COMPUTER DUST SOLUTIONS INC., our suppliers, our agents and our
licensors. The logo and figures, among others are the trademarks and/or
service marks of DUSTX COMPUTER DUST SOLUTIONS INC.. These materials
may be used solely to the extent necessary for your authorized use of
the Service, as provided in this Agreement. You may not copy,
distribute, prepare derivative works from or otherwise use Content for
any public or commercial purpose without the written permission of
DUSTX COMPUTER DUST SOLUTIONS INC.
(e) Copyright. All Site materials, including, without
limitation, text, pictures, graphics and other files and the selection
and arrangement thereof are copyrighted materials of DustX Computer
Dust Solutions Inc. 2008, ALL RIGHTS RESERVED, or by the original
creator of the material. Permission is granted to display, copy,
distribute, and download the materials on this Site for personal,
noncommercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained
in the materials. You may not, however, distribute, copy, reproduce,
display, republish, download, or transmit any material on this Site for
commercial use without prior written approval of DustX Computer Dust
Solutions Inc. You may not "mirror" any material contained on this Site
on any other server without prior written permission from DustX
Computer Dust Solutions Inc. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity and communications regulations and
statutes.
(f) Trademarks. The trademarks, service marks, trade names,
and logos (the "Trademarks") used and displayed on this Site are
registered and unregistered Trademarks of DustX Computer Dust Solutions
Inc. In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks and/or trade dress of DustX
Computer Dust Solutions Inc., and may not be copied, imitated or used,
in whole or in part, without the prior written permission of DustX
Computer Dust Solutions Inc.. You acknowledge that the Trademarks used
and displayed on this Site are and shall remain the sole property of
DustX Computer Dust Solutions Inc. or the Trademark owner. Nothing in
this Agreement shall confer any right of ownership of any of the
Trademarks in you. Further, nothing in this Site shall be construed as
granting, by implication, estoppel or otherwise any license or right to
use any Trademark used or displayed on the Site, without the express
written permission of DustX Computer Dust Solutions Inc. or the
Trademark owner. The misuse of the trademarks displayed on this Site,
or any other content on the Site, is strictly prohibited.
(g) Hyperlinks. You are granted a limited, nonexclusive
right to create a "hypertext" link to this Site provided that such link
does not portray DustX Computer Dust Solutions Inc. or any of its
products or services in a false, misleading, derogatory, or otherwise
defamatory manner. This limited right may be revoked at any time for
any reason whatsoever. You may not use framing techniques to enclose
any DustX Computer Dust Solutions Inc. trademark, logo or trade name or
other proprietary information including the images found at the Site,
the content of any text or the layout/design of any page or any form
contained on a page without DustX Computer Dust Solutions Inc.'s
express written consent. Links to third party sites on this Site are
provided solely as convenience to you. If you use these links, you will
leave this Site. DustX Computer Dust Solutions Inc. has not reviewed
all of these third party sites and does not control and is not
responsible for any of these sites, their content or their policies,
including, without limitation, privacy policies or lack thereof. DustX
Computer Dust Solutions Inc. does not endorse or make any
representations about third party sites or any information, software or
other products or materials found there, or any results that may be
obtained from using them. If you decide to access any of the third
party sites linked to this site, you do so entirely at your own risk.
You acknowledge and agree that DustX Computer Dust Solutions Inc. shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by, or in connection with the use
of or reliance on any such third party sites.
(h) Downloadable Materials. Any informational content,
including white papers, and any software, including codes or other
materials that are made available to download from this Site, is the
copyrighted work of DustX Computer Dust Solutions Inc. and/or its
suppliers and affiliates. If you download software from this Site, use
of the software is subject to the license terms in the software license
agreement that accompanies or is provided with the software. You may
not download or install the software until you have read and accepted
the terms of the applicable software license agreement. Without
limiting the foregoing, copying or reproduction of the software to any
other server or location for further reproduction or redistribution is
expressly prohibited unless otherwise provided for in the applicable
software license agreement in the case of software, or the express
written consent of DustX Computer Dust Solutions Inc. in the case of
codes or other downloadable materials.
(i) DustX Computer Dust Solutions Inc.’s Agent to Receive Notification of Copyright Infringement Claims.
DUSTX COMPUTER DUST SOLUTIONS INC. respects the intellectual property
of others, and we ask our Users to do the same. Because of the size of
our community, DUSTX COMPUTER DUST SOLUTIONS INC. does not and can not
verify that Users have the right to post Content. However, DUSTX
COMPUTER DUST SOLUTIONS INC. cooperates in removing infringing or
unlicensed items once an authorized representative of the rights owner
properly reports them to us. If you believe a Message infringes on your
copyright, trademark or other intellectual property rights, please
provide DUSTX COMPUTER DUST SOLUTIONS INC.'s IP Agent with a Notice of
Infringement.
In the United States, the Digital Millennium Copyright Act of 1998
(the "DMCA") provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that items, information or
other materials appearing on the Service infringe your U.S. copyright,
you (or your agent) may send DUSTX COMPUTER DUST SOLUTIONS INC.'s IP
Agent a notice requesting that the item, information or material be
removed, or access to it blocked.
If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you
to send us a counter-notice. Notices and counter-notices must meet
statutory requirements imposed by the DMCA. One place to find more
information is the U.S. Copyright Office web site, currently located at
http://www.loc.gov/copyright/. We suggest that you consult your legal
advisor before filing a notice or counter-notice. Also, be aware that
there can be substantial penalties for false claims.
4. DISCLAIMERS OF WARRANTY
DUSTX COMPUTER DUST SOLUTIONS INC. PROVIDES THE SERVICE AND
PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR
CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT
USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, DUSTX COMPUTER DUST
SOLUTIONS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY,
SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR
RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION
PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR
EFFECTIVENESS OF THE CONTENTS OF ANY MESSAGE OR THE QUALITY, SAFETY,
EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE
DESCRIBED OR RECOMMENDED IN ANY MESSAGE; AND (E) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DUSTX
COMPUTER DUST SOLUTIONS INC. OR THROUGH THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
5. LIMITATION OF LIABILITY
AS A CONDITION OF USING THE SERVICE AND PRODUCTS, AND IN
CONSIDERATION OF THE SERVICES PROVIDED BY DOMAIN NAME, YOU AGREE THAT
DUSTX COMPUTER DUST SOLUTIONS INC. WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS
OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING
NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM,
OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY
YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING
FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS,
INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES,
MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER
CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE;
(B) THE CONTENT OF ANY MESSAGE OR ANY PRODUCT, SERVICE, OR PROVIDER
MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF
ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D)
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE
MAJEURE, OR ANY OTHER CONDITION BEYOND DOMAIN NAME'S REASONABLE
CONTROL. YOU AGREE THAT DUSTX COMPUTER DUST SOLUTIONS INC. SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR
TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
IN ANY EVENT, DOMAIN NAME'S LIABILITY TO YOU OR ANY THIRD PARTY IS
LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO DUSTX COMPUTER DUST
SOLUTIONS INC. BY THE CLAIMANT, AND (B) $100.
Some jurisdictions do not
allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to you.
6. INDEMNITY
Without limiting the generality or effect of other provisions of
this Agreement, as a condition of use of the Services and Products,
each User agrees to indemnify, hold harmless, and defend DUSTX COMPUTER
DUST SOLUTIONS INC., and each of its respective affiliates,
sub-contractors, agents, and employees against all third party claims,
liabilities and damages, including reasonable attorney's fees, incurred
or allegedly incurred by or arising out of your breach of this
Agreement, the content of any Message posted by you, and/or your
violation of any law or the rights of a third party.
7. PROPER USE
You must independently verify all information you find on the Site.
You agree not to do any of the following while using the Site:
- violate any
applicable local, national, or international law, statue, rule,
ordinance or regulation; In particular laws regarding the use of
testimonials in advertising or marketing.
- post
or transmit any content that You do not have the right to post or
transmit under any law, contractual duty or fiduciary relationship;
- post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy;
- post
or transmit any content that is unlawful, untrue, fraudulent,
harassing, libelous, defamatory, abusive, obscene, tortuous,
threatening, harmful (including but not limited to viruses, corrupted
files, or any other similar software or programs), designed to elicit
responses that relate to illegal activity, or otherwise objectionable;
- access,
tamper with or use non-public areas of the Site. Unauthorized
individuals attempting to access these areas of the Site may be subject
to prosecution;
- gather and
use information, such as other users' usernames, real names, email
addresses, available from the Site to transmit any unsolicited
advertising, "junk mail", "spam", or "chain letters;"
- post false or misleading information about a product or service; or
- impersonate or misrepresent your affiliation with any person or entity.
You understand that various states and licensing boards have
regulations regarding the use of testimonials and case studies in
marketing. You agree that you are responsible for ensuring that
your use of this site, it’s related sites and any marketing materials
are within the legal or regulatory guide lines for marketing in your
state and industry.
DUSTX COMPUTER DUST SOLUTIONS INC. reserves the right to delete or
edit Messages, in whole or in part, from the Service at any time for
any reason. DUSTX COMPUTER DUST SOLUTIONS INC. also reserves the right
to refuse access to the Service to anyone at any time without notice
for any reason. However, DUSTX COMPUTER DUST SOLUTIONS INC. will not be
responsible or liable for the exercise or non-exercise of its rights
under this Agreement.
8. LINKS
The Site contains links to other web sites or resources. You
acknowledge and agree that DUSTX COMPUTER DUST SOLUTIONS INC. is not
responsible or liable for (i) the availability or accuracy of such
sites or resources; or (ii) the content, advertising, or products on or
available from such sites or resources. The inclusion of any link on
the Site does not imply that we endorse the linked site. You use the
links at your own risk.
9. PRODUCT PURCHASE TERMS
(a) Prices:
Discounts are available on a case by case basis for purchases of
multiple products. Prices, features or specifications are subject to
change without notice. Any sale or special offer can be altered or
discontinued at any time without notice. Florida residents will be
charged sales tax. Online orders: sales tax charges will be assessed after
your order has been completed. Any specials or sales prices cannot be
combined with other offers. Net 30 orders that are paid late will be
assessed a 1% late fee per month.
(b) Damaged or inoperable products: We
are responsible only for inoperable products. Any items received
that fall into the warranty category, should be handled as described in
the Return/Refund section below. It is the customer's responsibility to
inspect shipment at time of delivery and refuse shipment if damaged.
You have the right to inspect package regardless of what the truck
driver says. If item appears to not be damaged, but looks as if there
is a possibility of damage, customer should make a note of it on the
acceptance slip when signing for shipment. If an item has been damaged
during shipment and customer has already accepted / received shipment,
it is customer's responsibility to file a claim with the shipping
company. Customer must notify freight carrier and us within 72
hours of any hidden freight damage. Customer must open all packages
within 72 hours of receiving and inventory equipment to verify product
was received complete and notify us within 72 hours if there are any
problems or missing parts.
(c) Returns / Refunds:
Defective Items
If you have received a defective
item, we will accept the defective item and exchange with another one
as long as it is within one (1) year of the original invoice. Depending
on the circumstance, we will either exchange the item, refund, or
replace.
Non-Defective Returns
We will accept non-defective returns within thirty (30) days of
original invoice as long as the product is unused and in the condition
it was originally shipped in. Our guarantee is very generous. If
within 30 days of purchase you decide you don't like the product, you
can return it to us and we'll pay you your full purchase price back,
minus shipping & handling. Customer is responsible for both forward
and return shipping costs as well. Special order or modified orders are
non-refundable. Customers wishing to return products will be charged
shipping cost to their location even where free shipping is offered. In
some cases, (mostly larger items), a restocking fee
up to 20% may be charged depending on various factors such as the
condition of returned equipment.
Credits will be issued only after we have received product back from customer and inspected it. We incur many costs when processing and shipping orders. Customers will be charged for shipping costs for any orders that are canceled after item has already shipped, but not yet received by customer. They may also be responsible for a restocking fee.
All returns must:
1) Be in original packaging
2) Have original manufacturer's paperwork including owner's manual.
3) Product must not be damaged in any way.
4) There must be no missing parts from product. If parts are missing, customer must contact manufacturer.
(d) Delivery: We makes no guarantee that
ordered items will arrive by a certain time or date. Any quote
regarding delivery date or time frame is merely an estimate. If
you absolutely must have product within a certain time frame, you must
notify us at time of order. Most items can be expected anywhere between
4-14 days, but could take up to 21 days, depending on various factors.
(e) Shipping & Handling:
We have a fixed fee for shipping and handling in the continental
US. All international orders will be subject to actual shipping
charges.
We try and ship same day as orders are placed and we ship by the
address given to us in the order, whether it be the paypal address, or
the address specified from our website. If for some reason, you need to
change the address, we will make every attempt to change it before it
ships. However, if we have already shipped or are unable to change the
address before it leaves, we are not responsible for any costs to
return that item back to us. It is the customer’s responsibility to
ensure we get the correct address.
(f) Confidentiality / Privacy Policy: Customer's information, including name, mail, phone, email and any other confidential information will not
be shared with any other entity, other than for purposes of shipping
requested product to customer or to conduct business correspondence as
needed. No exceptions will apply. Customers that send us personal information via email or our web form can be sure in strict confidentiality. No outside source will ever view your personal information. You will not receive calls from us trying to pitch our products either.
(g) Security: Customers completing
automatic online orders via our shopping cart system can be assured
that our credit card processing company uses the latest encryption and
ssl technology to ensure that your data is safe. At no time will your
data be shared or viewed by outside sources. Any questions or issues
regarding your personal and credit card data should be directed toward
credit card processing company.
(h) Failure to make Payment: Customers
failing to make timely payment will be responsible for a 1% finance
charge per month in addition to any attorney or collection fees, court
costs or any other costs incurred by Us when pursuing customer's
payment.
10. MODIFICATION, ENTIRE AGREEMENT, AND SEVERABILITY
(a) Modification. This Agreement
may be supplemented, amended, or modified unilaterally at any time for
any reason by DUSTX COMPUTER DUST SOLUTIONS INC. Any supplement,
amendment, or modification of this Agreement shall be binding at the
time of updating, posting, or otherwise providing public notice on
DUSTX COMPUTER DUST SOLUTIONS INC.
(b) Entire Agreement. This
Agreement and all other agreements, exhibits, and schedules referred to
in this Agreement constitute the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining
to the subject matter of this Agreement and supersedes all prior and
contemporaneous understandings or agreements of the parties. This
Agreement may not be contradicted by evidence of any prior or
contemporaneous statements or agreements. No party has been induced to
enter into this Agreement by, nor is any party relying on, any
representation, understanding, agreement, commitment or warranty
outside those expressly set forth in this Agreement.
(c) Severability. In the event
that any provision of this Agreement is determined to be invalid or
unenforceable, such provision shall be severed from this Agreement, and
the remainder of this Agreement shall continue to be valid and
enforceable.
11. MISCELLANEOUS TERMS
This Agreement shall be interpreted in accordance with the laws of
the State of Florida without regard to its conflicts of law principles.
You and DUSTX COMPUTER DUST SOLUTIONS INC. are independent contractors,
and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this
Agreement.
This Agreement may only be amended as provided in the Introduction
and Section 10(a). Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or
similar breaches. At any time upon request by DustX Computer Dust
Solutions Inc., you agree to sign a non-electronic version of this
Agreement.
This Agreement's section headings, bold text, and capitalized text
are included for convenience only, and shall not limit or otherwise
affect the terms of this Agreement.
This Agreement is the complete and
entire statement between you and DUSTX COMPUTER DUST SOLUTIONS INC.
with respect to the subject matter hereof. |