TERMS OF USE
These Terms of Use set forth the terms and restrictions regarding the use of the FindAComputerGuy. ("FindAComptuerGuy") web site (www.findacomputerguy.com), by you, a user of FindAComputerguy.com, and the entity you represent (hereinafter collectively "you" or "your"). By using FindAComputerGuy.com in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of FindAComputerGuy.com and do not change or alter any other agreement between you and FindAComputerguy. FindAComputerguy reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. You should visit this page periodically to review the current Terms of Use. Your continued use of FindAComputerguy.com following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If at anytime you do not agree with these Terms of Use, your sole recourse is to not use, or stop using FindAComputerguy.com.

Privacy Policy
FindAComputerguy is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection and use of your information. By using FindAComputerguy.com, you are consenting to the processing of your data by FindAComputerguy and consenting to the terms of our Privacy Policy.

Copyrights and Trademarks
Copyright ' ' 2004 - 2005, Fraction IT, LLC. All rights reserved worldwide.
FindAComputerguy is the registered trademark of Fraction IT, LLC. FractionIT may have, from time to time, other registered trademarks. . Marks and trade names not owned by FractionIT and mentioned on FractionIT.com are the property of their owners.

Ownership and Use of Web Site Information
All information, materials and software on FindAComputerGuy.com, except noted third party materials, are the copyrighted work of FractionIT and are protected under United States and worldwide copyright laws and treaty provisions. You may download, view, copy and print documents (such as, white papers, press releases, product descriptions and FAQs) from FindACoputerGuy.com subject to the following: any such use is solely for informational, non-commercial use you may not modify or revise documents in any manner you must keep and plainly display all copyright and other proprietary notices, in the same form and manner as on the original you must display a statement that the materials are used solely with permission of FindAComputerguy Your use of documents specified above does not include the layout or design of FindAComputerguy.com or the logos, graphics, sounds or images on this web site. FindAComputerguy reserves the right to revoke its authorization at any time, and your use shall be discontinued immediately upon notice from FindAComputerguy. If you want to use the documents referenced above or any other content of FindAComputerguy.com in a manner that is not allowed in these Terms of Use, you must receive FindAComputerguy's prior written consent. To seek such consent, please contact us at [email protected].

Use of FindAComputerguy Software
The FindAComputerguy software and accompanying documentation available to download from FindAComputerguy.com are the copyrighted work of FindAComputerguy. Any use of the software and accompanying documentation is subject to the terms of a license agreement. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved. THE FindAComputerguy SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Prohibited Use and Communications
FindAComputerguy prohibits any unsolicited or bulk e-mail transmission to be sent, or caused to be sent, over the Internet, to any FindAComputerguy.com e-mail address. You may not harvest or collect e-mail addresses from FindAComputerguy.com for the purpose of sending unsolicited or bulk e-mail.
FindAComputerguy prohibits any e-mail transmission to be sent, or caused to be sent, to any FindAComputerguy.com e-mail address if the e-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the e-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability. FindAComputerguy prohibits any e-mail transmission to be sent, or caused to be sent, to any FindAComputerguy.com e-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the e-mail.
You may not use FindAComputerguy.com or its contents in any way that could overburden, impair, disable or damage any FindAComputerguy server, or the networks connected to any FindAComputerguy server. You are prohibited from using FindAComputerguy.com or its contents to interfere with any other party's use of FindAComputerguy.com or any of FindAComputerguy's products and services. You may not attempt to gain unauthorized access (through hacking, brute force, password mining or any other means) to any services, accounts, computer systems, or networks connected to any FindAComputerguy server or to any of FindAComputerguy's products or services. You may not obtain or attempt to obtain any materials or information that has not been made intentionally available by FindAComputerguy on FindAComputerguy.com.

You agree that FindAComputerguy may, in its sole discretion and at any time, terminate your access to FindAComputerguy.com and any account(s) you may have in connection with FindAComputerguy.com. Access to FindAComputerguy.com may be monitored by FindAComputerguy.

Links to FindAComputerguy.com
FindAComputerguy appreciates your interest in linking your web site to FindAComputerguy.com. If you link your web site to FindAComputerguy.com you agree to the following terms: Links. You may include active links on web sites you control to direct a browser to FindAComputerguy's current "home page" at http://www.findacomputerguy.com. However, you may not include web site links to any other page maintained on FindAComputerguy.com unless you have received prior written permission of an officer of FindAComputerguy or unless the your linking site is an Internet search engine. Framing. You may not "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on FindAComputerguy.com. Modify/Replicate. You may not alter or modify FindAComputerguy.com content or "cut and paste" or otherwise reproduce FindAComputerguy.com content on the web site that links to FindAComputerguy.com. Misrepresentation. You must not misrepresent your relationship with FindAComputerguy or imply that FindAComputerguy is endorsing or sponsoring you or your web site. Mislead. You must not present false, misleading or defamatory information about FindAComputerguy, its products or services. Content. The content on your site must be lawful and must not contain libelous, defamatory, obscene or pornographic material. Risk. FindAComputerguy makes no representations or warranties regarding the FindAComputerguy web site, which is provided "as is." You link to FindAComputerguy.com at your own risk. FindAComputerguy is under no obligation to maintain FindAComputerguy.com, provide or update FindAComputerguy.com content or otherwise support your link to the FindAComputerguy web site. Termination. FindAComputerguy may revoke this authorization at any time for any reason.

Links to Other Web Sites
FindAComputerguy.com contains links to other web sites solely as a convenience to persons who visit FindAComputerguy.com. FindAComputerguy makes no representations about web sites linked to FindAComputerguy.com. The inclusion of any such link on FindAComputerguy.com does not imply that FindAComputerguy endorses, recommends or accepts any responsibility for such sites, their content, products, services or companies. In addition, FindAComputerguy is not responsible for the practices of those sites, even though FindAComputerguy's name or logo may appear on those sites. We encourage you to read the terms of use and privacy policies of any web site that you visit, including those linked to FindAComputerguy.com as their terms and policies may differ from ours.

No Endorsements
FindAComputerguy.com may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services but is merely for informational purposes. FindAComputerguy makes no representation or warranties of any kind, express or implied regarding any referenced or mentioned company, its products, services or information.

Submissions
FindAComputerguy does not want to receive confidential or proprietary information from you through its web site. Please note that any information or material sent to FindAComputerguy will NOT be treated as confidential. If you submit information or materials to us (including but not limited to, ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant FindAComputerguy an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to: reproduce, copy, display (publicly or otherwise), perform(publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You also grant FindAComputerguy the right to use your name in connection with the submitted materials and information as well as in connection with all advertising, marketing and promotional material related thereto. You understand that you will not be compensated for any such use. You agree that you shall have no recourse against FindAComputerguy for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Warranty
THIS WEB SITE, ITS CONTENTS AND ANY SOFTWARE (COLLECTIVELY, THE "WEB SITE") PROVIDED HEREIN IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY LAW, FindAComputerguy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FindAComputerguy DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE FindAComputerguy WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, FindAComputerguy DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS IN OPERATION OR TRANSMISSION), EVEN IF FindAComputerguy IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability
FindAComputerguy may change the products, services, prices, and programs mentioned on FindAComputerguy.com at any time without notice. Additionally, all products and services referred to on FindAComputerguy.com are subject to availability and qualifications. Terms, conditions, and exclusions not described on this web site may apply.
FindAComputerguy.com can be accessed from countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that FindAComputerguy intends to announce such products, services or programs in your country. Consult your local FindAComputerguy representative for information regarding the products, services and programs which may be available to you.

Jurisdictional Statement
This web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on FindAComputerguy.com are appropriate or made available for use outside of the United States of America. Governing Law These Terms of Use and all matters relating to your access to, or use of FindAComputerguy.com shall be governed by the laws of the state of California. You agree that any legal action or proceeding between FindAComputerguy and you for any purpose concerning these Terms of Use or FindAComputerguy.com shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to these Terms of Use or FindAComputerguy.com must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

U.S. Government Rights
FindAComputerguy software and documentation is provided to the United States government and its agencies as restricted computer software with only limited rights. The FindAComputerguy software and any documentation is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, the FindAComputerguy software and documentation is made available to the United States of America, its agencies and/or instrumentalities, with only those rights set forth in the license agreement that accompanies the download of sofware. Use, duplication or disclosure of the FindAComputerguy software and documentation by government licensees is subject to the restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 C.F.R. 52.227-19, as amended, or any successor regulations thereto. Any federal government licensee shall have the rights for restricted computer software as set forth in 48 C.F.R. 52.227-19. Contractor/Manufacturer is Fraction IT, LLC. At 10301 N.W. Freeway, Suite 516, Houston, TX 77092.

Export Control
The FindAComputerguy.com content, software, freeware, products and services are subject to U.S. export laws and regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available FindAComputerguy software, freeware, products or services in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. FindAComputerguy.com software, freeware, products and services may not be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Person's or Entity's list. By using this web site, or downloading or using software available on FindAComputerguy.com you are agreeing to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You understand that these restrictions are the law and shall survive any termination of these Terms of Use. For the most current information on export laws, visit the United States Commerce Department, Bureau of Industry and Security web site, www.bxa.doc.gov.

No Waiver
FindAComputerguy reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for violation of these Terms of Use. FindAComputerguy's failure to enforce these Terms of Use in every instance in which it might have application does not amount to a waiver of FindAComputerguy 's rights.

Severability
If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Last updated: 1/5/05