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Terms of Use

Welcome to www.RebootYou.com — your use of this Website is contingent upon your acceptance of and compliance with these Terms of Use and RebootYou.com’s Privacy Policy.  These Terms of Use constitute a valid and binding agreement between Callaway & Associates, Inc., dba RebootYou.com (“RebootYou.com”) and you.  If you have any questions about our Terms of Use, please send an email to info@rebootyou.com.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, REBOOTYOU.COM WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS WEBSITE.

1. RebootYou.com’s Intellectual Property

The Website, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by RebootYou.com and/or its licensors (collectively, the “RebootYou.com Intellectual Property”).  These Terms of Use do not and will not be construed as transferring ownership rights of any description in the Website or any RebootYou.com Intellectual Property to you or to any Website user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the RebootYou.com Intellectual Property nor will you sell, resell or exploit for any commercial purpose the Website, any portion thereof or any use thereof or access thereto. RebootYou.com hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Website solely for your personal use and/or internal business purposes.  You may also download content from the Website for personal use, internal business purposes and for non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, “Used with permission of RebootYou.com” when you display or otherwise use this content in accordance with the terms hereof. 

All of the trademarks, service marks and logos appearing on this Website are trademarks and service marks of RebootYou.com and other third parties.  Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos.   All rights not expressly granted to you hereunder are expressly reserved and retained by RebootYou.com.

2. No Warranties; Indemnification; Limitation of Liability

YOUR USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  RebootYou.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE. 

You will indemnify, defend and hold RebootYou.com harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, “Damages”) incurred or suffered by RebootYou.com as a result of your use of the Website, your breach of any provision of these Terms of Use and/or your acts or omissions.  RebootYou.com reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.

Further, you hereby release RebootYou.com and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “RebootYou.com Parties”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website and/or your use thereof, excluding only Damages to the extent directly arising out of RebootYou.com’s gross negligence or misconduct.  To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.  IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “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 EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  In no event will RebootYou.com’s total cumulative liability to you or any other party for Damages, if any, arising under these Terms of Use or otherwise exceed $100.00.

RebootYou.com cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon.  Operation of the Website may be subject to interference from numerous factors outside RebootYou.com’s control, including scheduled and preventative maintenance as well as required and emergency maintenance work.  Further, RebootYou.com does not control the actions of other users, visitors and/or linked third parties on the Website.  RebootYou.com will have no liability whatsoever for the unavailability OR INOPERABILITY of the Website caused by THE acts or omissions OF ANY THIRD PARTY OR RebootYou.com.  RebootYou.com WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR any loss of data or transactions incurred or suffered YOU OR any party, WHETHER  resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by RebootYou.com, any third party, INCLUDING ANY INTERNET SERVICE PROVIDER OR host, or the Internet infrastructure and network external to the Website.  IN NO EVENT WILL REBOOTYOU.COM BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, DATA OR USE OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF REBOOTYOU.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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.

3. Changes to the Terms of Use

RebootYou.com may modify the Website, the services or features offered thereon and these Terms of Use and/or its Privacy Policy at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use and/or Privacy Policy on the Website, as applicable. All modifications will be effective upon implementation and/or posting, as applicable.  You are bound by the version of these Terms of Use and/or the Privacy Policy in effect on the date of any particular visit to the Website.  RebootYou.com will use reasonable efforts to post notices of any updates to these Terms of Use or to its Privacy Policy on the Website.

4. Links

The Website contains links to third-party sites and RebootYou.com has no control over any such sites.  Links to other sites, if any, are provided solely as a convenience; RebootYou.com neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein.  All statements by RebootYou.com herein pertaining to the Website do not apply in any way to any links or any linked third-party sites.  Once you leave this Website, RebootYou.com’s Terms of Use and its Privacy Policy are no longer in effect; RebootYou.com encourages you to read the terms of use of each and every website which you visit.  RebootYou.com reserves the right in its sole discretion and without notice to terminate any and all links to this Website from any third-party sites and from this Website to any third-party sites.

5. Website Integrity

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information therefrom.  You may not take any action which imposes an unreasonable or disproportionately large load on RebootYou.com’s infrastructure, including "spam" or other such unsolicited mass emailings.

6. Third Party Content

At RebootYou.com’s sole option, at any time and from time to time, the Website may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by those parties’ respective Terms of Use, if any.  RebootYou.com bears no responsibility or liability for any such content or information or the acts or omissions of any such third party.

7. Compliance with Laws

You must comply with all applicable laws and regulations governing your access to and your use of the Website and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.  You represent that you have the legal right to enter into this agreement with RebootYou.com.

RebootYou.com will have the right, but not the obligation, in its sole discretion, to refuse or delete any content, user questions and other submissions, software or other information on the Website which it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. RebootYou.com, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by RebootYou.com to protect the rights, property or personal safety of RebootYou.com, the RebootYou.com Parties (as defined in Section 2 above), its Website users and the public.

8. User Submissions

Any contributions, comments or information that you provide to RebootYou.com, including any submissions of Website content contributed by you, any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by RebootYou.com and, in accordance with the Contributor’s license set forth on this Website, which governs Submissions and is hereby incorporated into this Section 8 by this reference, you hereby grant RebootYou.com a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, reproduce, create derivative works from, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display any and all Submissions without limitation in any media or form now known or later developed.

9. Governing Law and Jurisdiction

The Terms of Use, Privacy Policy, Contributor’s license and any and all agreements, materials, transactions and other activities on the Website will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules, and applicable federal law.  The United Nations Convention on the International Sale of Goods will not govern the Website or activities or transactions thereon in any way.  You hereby submit to the jurisdiction of the state and federal courts located in San Mateo County, California or the Northern District of California which will be the exclusive venue for any and all disputes or claims arising hereunder.  Use of the Website is not authorized in any jurisdiction which does not give effect to these Terms of Use.

10. General

At all times, the then-current Terms of Use constitute the entire agreement between RebootYou.com and you with respect to your use of the Website, superseding any prior agreements, superseded postings of the Terms of Use and all other prior or contemporaneous communications between RebootYou.com and you.  You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Website. Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Website or any other matters to info@rebootyou.com.  

Except as otherwise required by law, you will provide any notices to RebootYou.com by email to info@rebootyou.com.  If RebootYou.com has either an email or street address for you, RebootYou.com will provide notices to you via the email address provided during your registration or by certified mail, postage prepaid and return receipt requested, to your street address.

Last revised June 2007

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