Terms & Conditions
These Terms govern your use of the pcdots.com website. Please read them carefully. By using the site, you agree to be bound by these Terms.
These Terms cover how you use the pcdots.com website. They do not cover the software you download (see the EULA), your data and privacy (see the Privacy Policy), or your purchases and refunds (see the Refund Policy). The legal text below controls in any conflict.
01 Acceptance of Terms
These Terms and Conditions (the "Terms") form a binding agreement between you ("You" or "User") and PCDOTS Software ("PCDOTS", "we", "us") regarding your use of the website located at pcdots.com (the "Website").
By accessing or using the Website, You agree to be bound by these Terms. If You do not agree with any part of these Terms, please do not use the Website.
02 Scope and Definitions
These Terms govern Your use of the Website and any content, information, or services provided through it. They do not govern:
- Software you download or install. Use of PCDOTS software products is governed by the End User License Agreement (EULA).
- Personal information and data handling. See our Privacy Policy.
- Purchases and refunds. See our Refund Policy.
If a conflict arises between these Terms and any of the documents above, the more specific document controls for the matters within its scope.
03 Use of the Website
You may use the Website for lawful purposes only and in accordance with these Terms. You agree to use the Website in a manner that does not infringe the rights of, or restrict the use and enjoyment of, the Website by any third party.
You are responsible for ensuring that any device You use to access the Website meets reasonable technical requirements, and for keeping any login credentials You may have secure and confidential.
04 Prohibited Activities
When using the Website, You agree not to:
- Use the Website for any unlawful purpose or in violation of any applicable laws or regulations;
- Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
- Interfere with or disrupt the operation of the Website, including by introducing viruses, malware, or other harmful code;
- Use any automated means including bots, scrapers, or crawlers to extract data from the Website without our prior written consent;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Website without our prior written consent;
- Use the Website to transmit unsolicited advertising, spam, or other unauthorized communications;
- Impersonate any person or entity, or misrepresent Your affiliation with any person or entity;
- Engage in any activity that could damage, disable, overburden, or impair the Website infrastructure.
If You are found to be engaged in any of the prohibited activities above, we reserve the right to take appropriate action, including but not limited to suspending or terminating Your access to the Website, blocking Your IP address, removing any account You may have, and pursuing legal remedies.
05 Intellectual Property
The Website and all of its content, including but not limited to text, graphics, logos, icons, images, audio, video, and the design and arrangement thereof, are owned by or licensed to PCDOTS and are protected by copyright, trademark, and other intellectual property laws.
You may view, browse, and download Website content for Your personal, non-commercial use. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance, requires our prior written consent.
The PCDOTS name and logo are trademarks of PCDOTS Software. Other product and company names mentioned on the Website may be trademarks of their respective owners.
06 User Accounts
Some features of the Website may require You to create an account. When creating an account, You agree to:
- Provide accurate, current, and complete information about Yourself;
- Maintain the confidentiality of Your account credentials;
- Notify us immediately of any unauthorized use of Your account;
- Accept responsibility for all activities that occur under Your account.
We reserve the right to refuse, suspend, or terminate any account at our sole discretion, particularly if we have reason to believe the account is being used in violation of these Terms.
07 Communications
By providing us with Your email address, phone number, or other contact information, You consent to receiving electronic communications from us related to Your use of the Website, support requests, transaction notifications, and similar service-related matters.
If You opt in to marketing communications such as our newsletter, You may unsubscribe at any time using the link provided in any marketing email or by contacting us at [email protected]. Service-related communications are not subject to opt-out as long as You maintain an active account or open transactions with us.
08 Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by PCDOTS. We have no control over, and assume no responsibility for, the content, privacy practices, or terms of any third-party websites.
You acknowledge and agree that PCDOTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by Your use of any such third-party content, goods, or services.
09 Disclaimer
The following disclaimer applies specifically to the Website and is provided in capital letters as required by applicable law to make it conspicuous to You.
THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU USE THE WEBSITE AT YOUR OWN DISCRETION AND RISK. ANY MATERIAL DOWNLOADED THROUGH THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK.
Note: Disclaimers and warranties relating to PCDOTS software products themselves are set forth in the EULA, not in these Terms.
10 Limitation of Liability
The following limitation applies specifically to the Website and is provided in capital letters as required by applicable law to make it conspicuous to You.
IN NO EVENT SHALL PCDOTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND EVEN IF PCDOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100), OR THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to You.
11 Indemnification
You agree to indemnify, defend, and hold harmless PCDOTS, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms;
- Your use of the Website in a manner not authorized by these Terms;
- Your violation of any applicable law or the rights of any third party;
- Any content You submit to or through the Website.
12 Termination
We may suspend or terminate Your access to the Website at our discretion, with or without notice, if we reasonably believe You have violated these Terms or applicable law, or if we are required to do so by law.
You may stop using the Website at any time. The provisions of these Terms that by their nature should survive termination, including Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, and Governing Law, shall survive any termination of Your access to the Website.
13 Modifications to These Terms
We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors. The most current version is always available at pcdots.com/terms.html with the effective date shown at the top of the page.
For material changes, we will provide reasonable notice before the changes take effect, such as by posting a notice on the Website. Your continued use of the Website after the effective date of any updated Terms constitutes acceptance of the updated Terms.
14 Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict-of-laws principles.
Any dispute arising out of or in connection with these Terms or Your use of the Website shall be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be subject to the exclusive jurisdiction of the courts located in Los Angeles County, California, USA, and You consent to the personal jurisdiction of such courts.
You agree that any claim You may have against us must be brought within one year after the cause of action arises, or such claim is permanently barred.
15 General Provisions
Entire Agreement
These Terms, together with the EULA, Privacy Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between You and PCDOTS regarding the Website and supersede all prior or contemporaneous agreements, understandings, and communications.
Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No Waiver
Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it later.
Assignment
You may not assign or transfer Your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, government actions, or interruptions of internet or telecommunications services.
Headings
Section headings in these Terms are for convenience only and do not affect the interpretation of any provision.
16 Contact
If You have questions about these Terms, please contact us:
PCDOTS Software
964 E. Badillo Street
Covina, CA 91724, USA
Email: [email protected]
Phone: +1 616 232 6010