Acceptance Of Terms Through Use

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By using Practical Systems' sites (PSCARS.COM, MYPSCARS.COM, etc.), or by clicking "I agree" to this Agreement, you ("Client") signify your agreement to these terms and conditions.  You also agree that you are a consumer seeking to obtain information, discuss and/or purchase a car.  Dealers, business and companies that are part of the auto industry, manufacturers and other seeking to solicit consumer or users, or obtain information about competitors or use the site in any way not expressly intended may NOT use this site.  If you do not agree to this Agreement please do not use our sites and do not click "I agree".  Please check this Agreement periodically for changes as the owner of our sites, Practical Systems Limited ("Practical Systems"), reserves the right to revise this Agreement and your continued use of our sites following the posting of any changes to the Agreement constitutes acceptance of such changes.  Practical Systems reserves the right to terminate a Client's use of our sites at any time without notice and may do so for any breach of this Agreement or the instructions on our sites by Client. In its sole discretion, if requested through any legal action or to defend itself from any legal allegation or claim, Practical Systems may disclosure your contact information and you agree that Practical Systems shall not be liable for damages or results thereof, and not to bring any action or claim against us for such disclosure.  This Agreement must be completed, understood and agreed to by a person over 18.  You represent that all of the information you have provided in your Client profile submission is true and complete. In addition, by submitting your profile information, you authorize the Practical Systems to verify the accuracy and authenticity of all information supplied by you via address and phone verification databases, both internally and with the assistance of non-affiliated third parties.

Consent To Receive Electronic Records

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By using the services offered on our sites, you signify your express consent to receive information from Practical Systems in electronic format. You will need a computer with browser, email and Internet access to receive such electronic records, as well as you may need Adobe Acrobat Reader, available for free at www.adobe.com. Electronic records may include terms and conditions, agreements, privacy policies, and other items that you should print and retain for your records.

How Pscars Works

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Facilitation.  PSCARS, powered by Practical Systems, provides a platform through which you can research, read, discuss and create a virtual car with the features that you want, then anonymously post and shop for that car.    Upon your posting of a car in your PSCARS profile section and review of the information you have chosen to provide, car dealers who have signed up for our system ("Dealers") may contact you via your anonymous profile to try to sell you a car based on your posting.  The more information you provide, the more likely it is that you will find a dealer with whom you can get the car and terms you want. After that, you and a Dealer are put directly in contact, and you and the Dealer negotiate the final terms of any purchase and deal with each other, without PSCARS.  The sections of PSCARS that allow you to choose desired features, accessories and options, request and estimate financing, request and estimate insurance information, request and estimate trade-in values, and permit more discussions with the dealers about cars and pricing, are not warranties or binding terms until you and the Dealer, without PSCARS, after your inspection of the vehicle and verification of all vehicle information, finalize a contract for the sale of a vehicle offline with all required legal terms included.

BY USING PSCARS YOU ARE NOT COMMITTING TO PURCHASE A VEHICLE AND THE DEALER IS NOT COMMITTING TO SELL YOU A VEHICLE. UNLESS YOU HAVE PLACED A DEPOSIT TO HOLD A CAR, DEALER INVENTORY CHANGES CONTINUALLY AND WHAT IS DISPLAYED OR DISCUSSED ON THE SITE MAY NOT BE AVAILABLE.  ANY FINANCING INFORMATION LISTED IS GENERIC BASED ON A FINANCIAL CALCULATOR, INFORMATION YOU PROVIDE AND FINANCING OFFERS AVAILABLE AT THE TIME; THERE IS NO GUARANTEE THAT YOU WILL BE ELIGIBLE FOR ANY FINANCING OR AT THE TERMS LISTED.  NO INFORMATION IS GUARANTEED UNTIL YOU FINALIZE ALL TERMS OF THE PURCHASE AND/OR FINANCING DIRECTLY WITH THE DEALER AND/OR FINANCING COMPANY. NO INFORMATION PROVIDED OR EXCHANGED BY EITHER PARTY IS A WARRANTY OR CONTRACT, AND NO ONE SHOULD NOT RELY ON IT.  BOTH YOU AND THE DEALER VOLUNTARILY AND KNOWINGLY ASSUME ALL RISK OF VERIFYING ALL INFORMATION PROVIDED BY THE OTHER AND/OR THROUGH THE SYSTEM FOR ACCURACY.

NO BINDING AGREEMENT OF ANY KIND IS FORMED BY USING PSCARS.  The data and other information you may provide Practical Systems is not, and is not treated as, an application to purchase a vehicle or obtain financing or insurance; you must apply for financing and work out all purchase contract details, such as deposits and trade-ins, directly with the Dealer. Practical Systems does not guarantee any vehicle information or terms or conditions stated by any Dealer or on our sites; vehicle sales, information, trade-in values, and auto financing standards and the like are established and maintained solely by individual Dealers, and insurance terms and rates by insurance companies. Likewise, Practical Systems does not guarantee that information or terms on the site are the best terms or prices available in the market. A Dealer's quote may be subject to market conditions, supply, your credit-worthiness, approval, qualification and ability to pay, among other factors.

Terminating or Editing Your Profile.  If you have created a Client profile, you may view, update and/or delete your account information at any time.  There are two ways to terminate your PSCARS profile.

1)  Follow the steps listed below:

  • Login to your PSCARS account at mypscars.com.
  • At the top of the PSCARS page you will see a link that reads: Edit profile
  • Click the "Edit profile" link to reveal an "About Me" page. Click the link that reads: Change your email address, password and other site registration options here
  • On the subsequent page, click the link that is next to the "Membership Status" heading that reads: Cancel your membership
  • An additional confirmation page will appear. To cancel your membership, click the "Cancel Membership" button. Your PSCARS account will be terminated.
2) If within you would like us to remove your profile from our database within 30 days of sign-up, please follow the steps listed below:

  • Forward the email verification of sign-up that you received from Practical Systems to support@practicalsystems.com
  • Forward the email verification of sign-up that you received from Practical Systems to support@practicalsystems.com
  • Upon receipt of your email request we will delete your personal information within thirty (30) business days.

Please note that after we delete your information, there may be residual information that remains within one of our databases that may or may not contain such information that may be retained in back-up servers or records.
Money. Practical Systems does not collect any fees, deposits or funds from you.  If you are asked to submit funds, be sure you know who and where you are transferring money to, if anyone, as a result of any transaction that might have originated via an introduction on our sites, where the money is and what the terms apply. Practical Systems is paid a fee by Dealers so that they can participate in our network and having the opportunity to try to sell you a car.
No Broker or Agency Role.  Practical Systems is not a seller or dealer, nor is it acting as an agent or broker and does not have any input into information provided by Dealers.  Practical Systems does not endorse or recommend any particular brand, model, manufacturer or Dealer.  Practical System's services are only administrative. You should rely on your own judgment in deciding which quotes, Dealers, cars and terms best suits your needs and financial means.
Research and Due Diligence.  While PSCARS provides information from various third parties about makes and models of cars available in our Research section, we do not guarantee or warrant that such information is accurate and it is informational only.  Under no circumstances should you rely on any research other than your own.  We recommend that you ALWAYS inspect the vehicle and consider purchase of a warranty prior to purchase and that you review the information at http://www.ftc.gov/bcp/menus/consumer/autos.shtm.  The Dealer is solely responsible for its statements, promises or warranties regarding the vehicle, financing and/or services to you, and you agree that Practical Systems shall not be liable, and you will never bring any legal action, for any damages, promises, costs or disputes, of any type, arising out of or in any way connected with such.
Location.  The services provided by Practical Systems are available in connection with sales made on vehicles located in the fifty states and the District of Columbia unless otherwise specified. Car sales may only be made to residents of, or secured by property located in, states where Dealers are licensed or authorized to make such sales. Dealers may not attempt to solicit or make sales outside of their authorized states as permitted by their agreement with manufacturers and state and federal law. Practical Systems expressly reserve the right to discontinue, suspend or terminate the use by any Client or the any Dealer at any time, without prior notice.
Contact.  By indicating that you want to talk directly with a Dealer, you must consent to your contact information being released to a Dealer as a Client in our system and you are extending an express invitation to a Dealer to contact you via the contact information you have provided so they may assist you with your potential transaction.  You hereby consent to any such calls even if your phone number is on any Do Not Call list, or to receive email at the email address you provided or at another address that may be associated with you even if you have previously requested not to be emailed by such party. By saving your information with Practical Systems or by creating a profile, you give Practical Systems permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your profile or services, email you regarding products and services we think may be of interest to you or regarding your Postings in the Forum site section or to review Dealers.   If Dealers contact you directly or try to persuade you to contact them prior to the appropriate point in the system, we encourage you to let us know by emailing us at support@practicalsystems.com.  
Data Disclosure.  You understand that we may retain information provided by you for disclosure to Dealers after you instruct Practical Systems to supply your contact information to a Dealer, whether or not you purchase a car from them. Practical Systems cautions you to ensure that you are working with an authorized dealer and third party --  we do not provide any background check, prescreening, endorsement or any actions whatsoever to ensure Dealers' authenticity.  It is always important that you investigate any party to whom you are disclosing sensitive information before doing so.   Dealers may request sensitive information from you, when you work with them directly, such as Social Security Number, Drivers License Number, date of birth and other important information including information received from your credit report if you gave prior consent, which will allow them to confirm your identify and complete a car purchase. You agree to notify any particular Dealer directly if you no longer want to receive communications from them and regarding how to handle your public and/or sensitive information.

License To Use Practical Systems Sites

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Upon your consent to this Agreement, Practical Systems hereby grants you a non-exclusive, non-transferable limited license to use our sites in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on our sites.  You acknowledge and agree that all content and services available on our sites are property of Practical Systems, manufacturers, dealers and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally.  All rights not expressly granted herein are fully reserved by Practical Systems, its advertisers and licensors.  

LICENSE RESTRICTIONS

Use
Except as may be explicitly permitted through our sites, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from our sites or that is property of Practical Systems or any advertiser offering materials through our programs. Systematic retrieval of data or other content from our sites or our sites of any party offering materials through our sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Practical Systems is prohibited. In addition, use of the content or materials or site for any purpose not expressly permitted in this Agreement or as directed on the site is prohibited
Security
You agree to use your best efforts to prevent access to our sites through your login and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Practical Systems immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a login and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via our sites or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Practical Systems shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
No International Users
Accessing our sites, and services, products or contents available on our sites from places outside the U.S. (unless expressly set forth) or where their contents are illegal, is prohibited. None of the information on our sites may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using our sites, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of our sites, or materials or services received through our sites, and, in particular, you shall not export or re-export anything on or received through our sites in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

Forum Use Rules

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By using forum section(s) of our sites that allow you to post or otherwise transmit information to, or through, our sites, or which may be seen by other Clients, you agree to engage in productive discussions about cars.  While  the forum section(s) may provide opinions and feedback about makes and models, dealers and manufacturers, such postings are informational only.  Under no circumstances should you rely on any information other than that you have substantiated through your own research.  You also should not disclose contact or other sensitive information in such forums as neither neither you nor Practical Systems knows the identity of the persons with whom you are interacting.  If you participate in the forum, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or infringes any patent, trade mark, service mark, trade secret, copyright regarding any car photos, manufacturer, model, brand or dealer;
  • is invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of our sites' rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
  • directly or indirectly requests contact or sensitive financial or other information from other users;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of our sites, dealers, celebrities, manufacturers, or the site's licensors or advertisers.

You also agree that you shall not harvest or collect information about the users of our sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.

Our sites generally do not pre-screen, monitor, or edit the content posted by users of our sites. However, our sites and its agents have the right, at their sole discretion, to remove any content that, in our sites sole judgment, does not comply with the Forum Rules or is otherwise harmful, objectionable, or inaccurate. Our sites are not liable for any failure, delay, damages or results, in removing such content. 

You agree that your use of the Forum may be suspended or terminated immediately upon receipt of any notice which alleges that you have used our sites in violation of these rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. 

Our sites reserves the right to revise these Forum Use Rules at its discretion, so check back from time to time to be sure you are complying with the current version.

Practical Systems shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Practical Systems services or products.  Without limitation, Practical Systems shall have exclusive ownership of all present and future existing rights to any forum discussion of every kind and nature everywhere.  You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. 

Trademarks

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Practical Systems', licensors', manufacturers, dealers, advertisers, merchants or other third party materials, services or products referenced on our sites are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.
Except as expressly granted via the use licenses herein, Practical Systems does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information. In using our sites, you agree not to and you agree never to use such in any way including but not limited to, registering domain names including such, bidding on keywords using in any way including but not limited to, registering domain names including such, bidding on keywords using them or otherwise. You shall not display or disclose, anonymously or by true or fictional name, in any form or fashion including, but not limited to, publication on or via the Internet, a website, Blog, email, discussion group, bulletin board, by means now known or hereafter devised and/or by all other means of electronic dissemination, any confidential or proprietary information, or express any negative opinion of Practical Systems, or our sites, or anyone associated or employed therewith, or user or Client's affiliation or experiences with Practical Systems; and user or Client shall not use, copy, distribute, sell, infringe or violate any legal right of Practical Systems  including, but not limited to, publicity rights, privacy rights, moral rights, copyright, trademark, trade secret and patent rights, without limitation, by way of example, register, purchase, apply for, license, or attempt to do so, any domain name containing, in whole or in part, or any derivation of (e.g. a spelling, misspelling, typo, singular or plural, with or without dashes or underscores) any confidential or proprietary information; register, purchase, apply for, license, obtain a license for, or attempt to do so, any copyright registration for any creation containing, in whole or in part, or any derivation or modification of any confidential or proprietary information; register, purchase, apply for, license, obtain a license for, or attempt to do so, any trade or service, mark or name, containing, in whole or in part, or any derivation or modification of any confidential and proprietary information.

Notification Of Copyright Infringement

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In our sole discretion, Practical Systems may terminate the accounts and provide contact information of any user, Client or Dealer who infringes the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Practical Systems' site, send Practical Systems a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Practical Systems site; (iv) information sufficient to permit Practical Systems to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Send any notice to:

Practical Systems Holdings LLC

Attn:  President

2500 Military Trail, Suite 400

Boca Raton, FL 33431

Third Party Sites

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Please note that many of the services you can obtain through our sites are provided by parties other than Practical Systems. For example, insurance quotes and credit report services are all provided by companies not affiliated with Practical Systems.  If you seek such information, you will be transferred to dealers, financing, merchants or other third party sites through links or frames from our sites. Use of the Quick Quote system, when available, will forward your contact information and desired car information immediately to third party sites that will forward it to third parties that may have such cars available for purchase.  Your use of Quick Quote is your consent for us to forward your information to such third party sites.  You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that Practical Systems is not responsible for the accuracy, warranties, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of our sites by Practical Systems, its advertisers or licensors, any association with its operators and is provided solely for your convenience and at to you at your own risk. You agree that Practical Systems and its licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend contact from such sites, you must reach out to them directly.

Quick Quote

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Use of the Quick Quote system, when available, will forward your contact information and desired car information immediately to third party sites that will forward it to third parties who may have such cars available for purchase.  Your use of Quick Quote is your consent for us to forward your information to such third party sites.  Practical Systems, its advertisers or licensors do not endorse, recommend or sponsor such third parties and they are not Dealers who have signed up to participate in our system. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use and disclosure of information to such sites.

Disclaimer Of Warranties

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PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT OUR SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OUR SITES. THIS ENTIRE SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OUR SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO OUR SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OUR SITES, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT OUR SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OUR SITES ARE ACCURATE, RELIABLE OR CORRECT; THAT OUR SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH OUR SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR SITES' RECORDS, PROGRAMS OR SERVICES. YOUR USE OF OUR SITES IS SOLELY AT YOUR RISK. CLIENT AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION. 

Limitation Of Liability

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UNDER NO CIRCUMSTANCES SHALL PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, OUR SITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OUR SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PRACTICAL SYSTEMS, MANUFACTURERS, DEALERS, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

Indemnification

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You agree to defend, indemnify, and hold harmless Practical Systems, its advertisers, manufacturers, Dealers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, members, managers, shareholders, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of our sites, advertiser's sites, third party sites, the suitability of the information contained on or received through use of our sites, or any services or products received through our sites, or any violation of this Agreement. Practical Systems reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Practical Systems in asserting any available defenses.

Legal Compliance

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Practical Systems may suspend or terminate this Agreement or your use immediately upon receipt of any notice that alleges that you have used our sites for any purpose that violates any local, state, federal and/or law of other nations. In its sole discretion, if requested through any legal action or to defend itself from any legal allegation or claim, Practical Systems may disclosure your contact information and you agree that Practical Systems shall not be liable for damages or results thereof, and not to bring any action or claim against us for such disclosure. 

Force Majeure

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Practical Systems shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strikes any action of a governmental entity.

Choice Of Law And Forum

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Our sites (excluding third party linked sites) are controlled by Practical Systems from its offices within the Bahamas. They can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the Bahamas by accessing our sites, both you and Practical Systems agree that the statues and laws of the Bahamas shall apply to any actions or claims arising out of or in relation to this Agreement or your use of our sites, without regard to conflicts of laws principles thereof. You and Practical Systems also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the Bahamas and any legal proceedings shall be conducted in English. Practical Systems makes no representation that materials on our sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

Parental Filtering Devices

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In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.

California Client Consumer Rights

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In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

Miscellaneous

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This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Practical Systems. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. Client shall not assign or transfer this Agreement and any such assignment attempt shall be void.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS POLICY BY PROVIDING A REVISED VERSION IN ACCORDANCE WITH THE LAW AND YOUR CONTINUED USE OF THE SITE IS YOUR CONSENT TO SUCH.
(c) 2010 Practical Systems Ltd.  All rights reserved.