THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THIS SERVICE
You agree that you will pay for all products you purchase through us, unless you are making use of your freely allocated quota. We may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL SUBSCRIPTION FEES.
WE DO NOT STORE YOUR PAYMENT CARD DETAILS.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you subscribe to the product. We will charge tax only in countries where services are taxable.
If technical problems prevent or unreasonably delay delivery of our service, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us.
We are not responsible for typographical errors.
OUR SRVICE
Gecko Information Systems is the provider of this service, which allows you to purchase a subscription for this service.
YOUR ACCOUNT
As a registered user of this Service, you have created an account ("Account"). Don’t reveal your Account information to anyone else. You are responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. We will not be responsible for any losses arising out of the unauthorized use of your Account. We do not store any credit card details.
You agree to provide accurate and complete information when you subscribe with us and you agree to update your registration data and keep it accurate and correct. You agree that we can store and use your subscription data you provide for use in maintaining and billing fees to your Account.
CANCELLATION, DOWNGRADES AND REFUNDS
If you wish to request a refund you must send an email to billing@monitor-lizard.com within 7 days (one week) of the invoice date. The email needs to contain your Monitor Lizard user name (the email address you use to log in ) Once received, your refund will be calculated and returned to your account.
When downgrading your account, any services that exceed the quota for your subscription will be stopped to reflect the current state of your subscription.
If you wish to Cancel your subscription, this can be done any time by canceling your subscription in Paypal. Please refer to the paypal help for your region or send an email to billing@monitor-lizard.com with you Monitor Lizard user name (the email address you use to log in ) with the reasons for your Cancellation.
You can delete your account by sending an email to billing@monitor-lizard.com with you Monitor Lizard user name (the email address you use to log in ) with the reasons for the account deletion. Once deleted, none of your account data will be recoverable.
CONTENT AVAILABILITY
We reserve the right to change content options (including eligibility for particular features) without notice.
USAGE RULES
You agree that your use of this service is for legitimate purposes and you are responsible for the services you consume. You agree that you will not use the Service for any illegal or abusive purposes. Abuse of our Service will lead to termination of your account. We reserve the right to determine what is considered abuse of this Service.
Gecko Information Systems reserves the right to modify, suspend, or discontinue this service (or any part or content thereof) at any time for free account holders with or without notice to you. We will not be liable to you or to any third party should we exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THIS SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY GECKO INFORMATION SYSTEMS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THIS SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GECKO INFORMATION SYSTEMS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
GECKO INFORMATION SYSTEMS SHALL USE EVERY REASONABLE EFFORT TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THIS SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WHILE WE MAKE EVERY RESONABLE EFFORT TO MAINTAIN THIS SERVICE, GECKO INFORMATION SYSTEMS DOES NOT REPRESENT OR GUARANTEE THAT THIS SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION , AND WE DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THIS SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD GECKO INFORMATION SYSTEMS, ITS EMPLOYEES AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE ITUNES SERVICE, OR ANY ACTION TAKEN BY WE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM GECKO INFORMATION SYSTEMS , ITS EMPLOYEES, CONTRACTORS AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ITUNES SERVICE, OR TO TAKE ANY OTHER ACTION DURING AN INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GECKO INFORMATION SYSTEMS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
GECKO INFORMATION SYSTEMS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of this service will be deemed acceptance thereof.
MISCELLANEOUS
GECKO INFORMATION SYSTEMS may notify you with respect to this Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service itself. Notices shall become effective immediately.
GECKO INFORMATION SYSTEMS reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that we have this right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of this Service and Products is unlawful and/or infringes such third party's rights.
This contract is governed by English law, and the courts of England and Wales shall have exclusive jurisdiction in relation to the Contract;
This Agreement was last modified on October 07, 2013.
What information do we collect?Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
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