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Conditions of Use Conditions of Use
Last Updated: 2003-06-24

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS AND CONDITIONS WILL APPLY TO AND GOVERN ALL PURCHASES OF ALL PRODUCTS SOLD OR DELIVERED TO YOU ("CUSTOMER") BY OR ON BEHALF OF MJP TECHNOLOGIES, INC. D.B.A. MJP COMPUTERS, INCLUDING ANY LICENSES DOWNLOADED TO YOU FROM OUR WEBSITE OR OTHERWISE. MJP Computers RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE AT ANY TIME FOR ANY REASON, IN MJP COMPUTERS' SOLE DISCRETION.

1. ACCEPTANCE.
Your acceptance of each and all of these terms and conditions shall be indicated by any of the following, whichever occurs first:

(i) By clicking the "CONTINUE" button below;

(ii) By your written acknowledgement of these terms and conditions;

(iii) By your acceptance of any shipment or download of any part of the items specified for purchase or delivery by you to MJP Computers;

(iv) By your placing any order for products or services over this website; or

(v) Any other act or expression of acceptance by you.

Other than as specifically provided in any separate formal agreement signed by MJP Computers, these terms and conditions may not be altered, supplemented, or amended, orally or in writing. Any attempt to alter, supplement or amend these terms and conditions or to place an order for products which is subject to additional or altered terms and conditions will be null and void. MJP Computers' silence or failure to respond to any subsequent term, condition or proposal shall not be deemed to be MJP Computers' acceptance or approval thereof.

2. INDEPENDENT CONTRACTORS.
Customer hereby acknowledges that this Website may be co-branded by MJP Computers with a retailer, dealer or other entity ("Retailer"). Notwithstanding the possible co-branding of this Website, Customer acknowledges and agrees that any sales made hereunder are between Customer and MJP Computers solely based on the terms and conditions contained herein. Retailer and MJP Computers are independent contractors, and Retailer has no right or authority to make any representations or warranties on behalf of MJP Computers, or to in any way commit or obligate MJP Computers in any manner whatsoever. Retailer shall not be considered an agent, legal representative, partner or joint venturer of MJP Computers, and MJP Computers shall have no liability to Customer or any other party for any statements, representations, warranties, acts or omissions of the Retailer.

3. DELIVERY.
Unless otherwise agreed to in a writing signed by MJP Computers, delivery shall be made in accordance with MJP Computers' delivery policies in effect on the date of shipment. Risk of loss to the products shall pass from MJP Computers to Customer on shipment from MJP Computers' facilities or, as applicable, on commencement of download. Title to software shall remain with the applicable licensor. MJP Computers shall not be liable for any delays in delivery beyond the reasonable control of MJP Computers including, but not limited to, delays caused by unavailability or shortages of the products from MJP Computers' suppliers, natural disasters, acts of war, acts or omissions of Customer, fire, strike, riot, governmental interference, unavailability or shortage of materials, labor, telecommunications, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, transportation failures or computer-related or transmission failures. Customer specifically acknowledges that downloads over the Internet may fail, be corrupted or be delayed for a variety of reasons over which MJP Computers has no reasonable control, and Customer shall not hold MJP Computers liable for any failures, corruptions or delays.

4. PRICE AND PAYMENT.
Terms of payment are within MJP Computers' sole discretion, and unless otherwise agreed to in a writing signed by MJP Computers, payment must be received by MJP Computers prior to MJP Computers' acceptance of an order from Customer. Payment for products may be made by credit card or some other prearranged payment method accepted by MJP Computers unless MJP Computers has agreed to credit terms in writing. No order shall be binding upon MJP Computers until accepted by MJP Computers. Product and pricing data may change without notice. Final pricing on a Customer's order is effective on the date that payment for the order has been received. Separate charges for shipping and handling may be charged by MJP Computers. Customer is responsible for sales and all other taxes associated with the order, except for MJP Computers' franchise taxes and taxes on MJP Computers' net income. MJP Computers may add taxes and shipping charges to invoices or payment requirements. Customer shall indemnify and hold MJP Computers free and harmless from and against the imposition and payment of all taxes, whether or not they are stated in any invoice for products shipped to Customer. MJP Computers, at its option, may at any time, separately bill Customer for any taxes not included in MJP Computers' invoice or otherwise paid for by Customer and Customer shall pay such taxes, or in lieu thereof, shall provide MJP Computers with a tax exemption certificate acceptable to the applicable taxing authorities. If any such certificate furnished to MJP Computers is held invalid or if the sale is otherwise found to be taxable, Customer agrees to pay promptly any taxes (plus interest) found due, but not collected as a result of MJP Computers' reliance upon Customer's certificate.

5. SOFTWARE.
All software is provided subject to the license agreement accompanying the software. Customer agrees that it will be bound by the license agreement in accordance with the provisions provided with the software by the licensor. Customer's acceptance shall be in compliance with the licensor's acceptance procedure. For example, this may be pursuant to a "click-wrap" or "shrink-wrap" license providing for acceptance upon loading the software or opening the package or breaking the seal. Any warranties and technical support concerning the software, if any, shall be contained in the license agreement that governs its purchase and use, and shall consist of the warranties and technical support of the third-party licensor, and not MJP Computers. These warranties and technical support may vary from product to product. Disclaimers of warranties are provided in more detail below.

6. WARRANTY.
Unless otherwise states, it is understood that MJP Computers is not the manufacturer of any of the products sold to Customer. All warranties offered are those of the manufacturers of the products, if any, and not MJP Computers, unless otherwise stated. Retailers or any third-party dealers, are not agents of MJP Computers and MJP Computers has no obligation or liability arising from any warranty made by any Retailer or third-party dealer. In purchasing the products, Customer is relying solely upon the manufacturer's specifications. There are no understandings, agreements or statements made in or conduct implied from any past dealings which shall apply to the products being sold hereunder. CUSTOMER REPRESENTS, ACKNOWLEDGES AND AGREES THAT MJP COMPUTERS HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE DESIGN OR CONDITION OF ANY PRODUCT, OR ANY PRODUCT'S MERCHANTABILITY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED HEREBY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MJP COMPUTERS BE LIABLE TO CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY PRODUCT PROVIDED TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, BUSINESS INTERRUPTIONS OR ANY DAMAGES OR SUMS PAID BY CUSTOMER TO THIRD PARTIES, EVEN IF MJP COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. MJP COMPUTER HAS NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE CUSTOMER FROM AND AGAINST ANY DAMAGES OR COSTS WHICH MAY BE INCURRED IN CONNECTION WITH ANY INFRINGEMENT OF PATENTS OR TRADEMARKS OR IN VIOLATION OF ANY COPYRIGHTS BY PRODUCTS THAT WERE NOT MANUFACTURED BY MJP COMPUTERS.

7. RETURN POLICY.
MJP Computers offers a return policy on selected items based on manufacturer return policies. MJP Computers' return policy can be accessed online.

8. EXPORT.
All products sold by MJP Computers are intended to be sold only in the United States for use in the United States only. Shipment of any of the products outside of the United States may require a valid export license. Customer agrees to defend, indemnify and hold harmless MJP Computers for any violation by Customer of any United States export restrictions. Notwithstanding the foregoing, Customer agrees and represents that it is buying the product for its own internal use only, and not for resale, export, or use outside the United States.

9. BINDING ARBITRATION.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against MJP Computers, its agents, employees, successors, assigns or affiliates, which arise from or in any way relate to this Agreement, its interpretation, or the breach, termination or validity hereof, MJP Computers' advertising, website or any purchase related to any of the foregoing may, at MJP Computers' sole option, and only upon the exercise of that sole option by MJP Computers, be resolved exclusively and finally by binding arbitration administered by the Ventura Center for Dispute Settlement (VCDS) under its Code of Procedure then in effect (available via the telephone at 1-805-650-9202). The arbitration will be limited solely to the dispute or controversy between Customer and MJP Computers. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained from the VCDS at 4475 Market Street Suite C, Ventura, CA 93003-7756. The arbitration hearing, if any, shall take place in any fashion necessary as deemed reasonable by MJP Technologies, Inc.. Customer irrevocably consents to such venue. Customer shall treat the existence and results of arbitration as strictly confidential. This agreement and any dispute in connection herewith shall be governed by the laws of the State of California. In the event that more than one claim, dispute or other matters in question shall be in existence at the same time, MJP Computers may at its sole option decide which of such claims, disputes, or other matters in question shall be arbitrated and which matters shall not be arbitrated. Such decision shall be final and unappealable, and no arbitration shall be authorized to consider, decide, or make any award or any claim or matter which MJP Computers has determined shall not be arbitrated. In the event that Customer wishes to request arbitration of any claim, dispute or other matter in question, the Customer shall file a notice of demand for arbitration in writing with MJP Computers specifically describing the claims, disputes and other matters in question which the Customer wishes to submit to arbitration. Customer may not unilaterally elect arbitration or cause arbitration to occur. MJP Computers has the sole discretion to decide whether or not any such claims, disputes and other matters shall be submitted for arbitration. If MJP Computers wishes to submit any claim, dispute or other matter in question for arbitration, whether or not it is the subject of a request for arbitration by Customer, MJP Computers shall file a notice of demand for arbitration with the VCDS and with Customer. In any event that MJP Computers elects not to arbitrate, the claim shall be litigated in the Superior Court of California, County of Ventura.

10. MISCELLANEOUS.
These terms and conditions constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supercede all prior offers, negotiations, understandings and agreements. Any waiver by MJP Computers of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This agreement may not be assigned by Customer.

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