Legal Terms and Conditions

We'd like to make sure your experience on the CPU Tune-up is a pleasant and productive one.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.

TERMS AND CONDITIONS
SERVICE REPAIRS / PC TUNE-UP's
PARTNERS
USERS/PARTICIPANTS
COOKIES
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
LINKS
PRIVACY ISSUES
PRODUCT AND SERVICES INFORMATION
BULLETIN BOARD GUIDELINES
  - Conduct of Users
  - Content
  - Personal Responsibility
DISCLAIMERS AND INDEMNITY
TERMINATION
JURISDICTION
COMMENTS, COMPLAINTS AND QUESTIONS

TERMS AND CONDITIONS
CPU Tune-up ("Company") website and board community (the "Site") are currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement. Company reserves the right to change the nature of this relationship at any time, and to revise these guidelines and Terms and Conditions from time to time as Company sees fit. Users who violate the terms of this Agreement will have their access canceled and they may permanently be banned from using the Site and any interactive services.

Users should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

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SERVICE REPAIRS / PC TUNE-UP's

CPU TUNE-UP  is not responsible for information lost during a repair or upgrade to your computer.  Be aware that CPU TUNE-UP  is not responsible for damages due to customer use or loss from unforeseen hardware failures or software corruptions regardless if we completed a tune-up to your computer. We also don't install any illegal software to your computer system.  You must provide a certificate or proof of purchase to the technician in order for him/her to install into your computer.  Pirated software download from the web is not condone by this company and CPU TUNE-UP will not install into your computer system.  We work on all out of manufacture warranty personal computer systems.  In order for us to work on a manufacture warranty computer system CPU TUNE-UP will require an authorization from that vendor in order for us to repair the unit.

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PARTNERS
At the CPU Tune-up, "Partner" means that we have teamed up with leading companies to bring you quality services and products. "Partner" does not mean that we are partners with these companies for legal purposes.

All companies that we feature on our site are solely responsible for their own obligations to you. While CPU Tune-up is not legally responsible for their obligations,  we will assist you in dealing with them should any issues arise.

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USERS/PARTICIPANTS
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

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COOKIES
"Cookies" are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a site. Company uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to re-enter it each time you visit the Site. To learn more about how we protect customer information, please review our Privacy Policy.

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TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") is the property of Company and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from http://www.cputuneup.com, Guest book, or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the Site, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.

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LINKS
The Company is not responsible for the content of any sites that may be linked to or from http://www.cputuneup.com or any bulletin board associated with the Company. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.

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PRIVACY ISSUES
The Company is concerned about privacy matters for its customers.
All our customers and clients have privacy acts to protect them from Spam and other sort of non-customer service acts.  We will contact any customer or client if we wish to release their info with their consent on a written document.  Without that we cannot publish anything on this website.

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PRODUCT AND SERVICES INFORMATION
Most products (and some services) offered on the Site are available in select CPU Tune-up throughout California, however, prices and availability may vary. Prices shown on the Site apply to the products and services on the Site and may change at any time without notice.

We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products or services/programs.

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

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BULLETIN BOARD/GUEST BOOK GUIDELINES
Company is providing a community-based bulletin board for users to exchange information and ideas regarding business. Because of the interactive nature of on-line bulletin boards, we think it is important to establish guidelines for its use.

CONDUCT OF USERS
You are entirely responsible and liable for all activities conducted by you. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Site:

(1) harass, stalk, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

(2) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials ("Content") that is or which CPU TUNE-UP considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;

(3) attempt to transmit any "virus","trojan horse" or other software destruction or disruption device;

(4) impersonate any other person, including but not limited to, a Staples.com official, expert or bulletin board leader, guide or host;

(5) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards. This shall also prohibit the following: solicitation of credit card numbers, solicitations for sponsors, or promotion of raffles, contests, or multi-level marketing or pyramid schemes. Our bulletin board is a forum for information and ideas exchange only.;

(6) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner;

(7) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and

(8) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

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CONTENT OF BULLETIN BOARDS
You and any user of the Site must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. CPU Tune-up shall have the right, but not the responsibility, to remove Content that is deemed, in its sole discretion, unlawful, discriminatory, obscene, harmful, offensive, or otherwise in violation of this Agreement or any rules CPU Tune-up has in place at the time. We may elect, in our sole discretion, to monitor some, all, or no areas of the Site, or bulletin boards for adherence to this Agreement or CPU Tune-up rules.

Please remember that we do not guarantee the contents of what you read on-line and that other people's comments may be offensive or inaccurate.

Personal Responsibility.
You are responsible for the content of any messages you post in our community or anything you say on our bulletin board. Do not post personal identification or other personal data on these bulletin boards. Remember that people may just be expressing their opinions or relating their personal experiences here, so you wouldn't want to rely on what you read on the board as being professional or expert advice.

Also, bulletin boards are essentially a "public place"; all users are prohibited from posting confidential information of third parties on our bulletin boards. The posting of confidential information on the boards could subject you to criminal and civil penalties, and we will cooperate with the authorities in connection with any suspected or actual violation of this prohibition.

Information on the entire Site including the bulletin boards does not reflect advice or opinions of our staff. The results of any actions you take based on the advice you find in our community are your responsibility alone.

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NOTICE AND TAKE DOWN PROCEDURES
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Company's copyright agent (identified below) and provide the following information:

   - A clear statement identifying the works, or other materials believed to be infringed.
   - A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
   - Sufficient information about the location of the allegedly infringing materials so that Company can find and verify its existence.
   - Your name, telephone number and e-mail address.
   - A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
   - A signature or the electronic equivalent from the copyright holder or authorized representative.
Company's agent for copyright issues relating to this Site is owner@cputuneup.com. 

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DISCLAIMERS AND INDEMNITY

By using the Site and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you.  You agree to cooperate as fully as reasonably required in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

The information contained in this Site is for general guidance on topics selected by Company. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Site. The information on this Site is provided with the understanding that Company and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a substitute for direct consultation with professional advisors.

THIS SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THEM OR CPU TUNE UP (AND ITS AFFILIATED ENTITIES, TOGETHER "THE COMPANY") REPRESENTS OR ENDORSES THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEB SITE, AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.

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LIMITATION OF LIABILITY
NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF COMPANY (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement.

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JURISDICTION
The Company operates the Site from its offices within the United States. Company makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts; provided, however, that notwithstanding anything contained in this Agreement to the contrary, Company shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Company's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Site, and the Agreement will not be modified, except in writing, signed by both parties.

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IS MY PERSONAL INFORMATION SAFE?

Yes, any personal information that you submit to the site will remain safe and secure. In order to offer you an individualized shopping experience at CPU TUNE-UP we collect various types of information such as:

• domain names of visitors to our Web site
• e-mail addresses of those who e-mail us or register with us
• information on how many visits each page receives
• user-specific information on what pages consumers visit
• information volunteered by the consumer, such as survey information and/or site registrations

COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

Should you have any questions or complaints regarding violations of this Agreement, please contact us.

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