ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.
Please note that MBTune reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the MBTune Sites or services following the posting of changes to these TOU will mean you accept those changes. MBTune reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that MBTune shall have the right to terminate your access to the MBTune Sites or services for violations of any of these rules, including infringement of copyright.
Personal, Non-Commercial Use: The MBTune Sites are made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the MBTune Sites. COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.
User Submissions: Any material, information or other communication you transmit or post to the MBTune Sites will be considered non-confidential and non-proprietary communications. MBTune will have no obligations with respect to the communications. MBTune and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Charges, Billing, Payment: If there is a charge associated with any MBTune product or service that you have requested, you agree to pay that charge. The price stated for the product or service excludes all applicable sales, use and other taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges and agree to indemnify, defend and hold harmless MBTune from any failure to make such payments. To pay the charges for a product or service, you will be asked to provide a payment method at the time of purchase. By providing MBTune with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize MBTune to charge you for the products or services using your payment method. Any non-US currency exchange rates or calculations provided by MBTune in connection with a purchase is provided “as is” with no warranties of any kind. MBTune shall have no liability to you for any errors or inaccuracies associated with any exchange rate or exchange rate calculation referenced on the MBTune Sites.
Refund policies: MBTune offers a money-back guarantee on its products and services if you are not satisfied for any reason. In order to be eligible, you must request a refund within sixty (60) days of the date of initial purchase. Shipping, handling and any applicable tax or currency exchange settlements are not refundable, except in certain states and countries where these items are refundable. If you receive a refund for your purchase you are obligated to immediately uninstall the software and the license may, in MBTune’s sole discretion, be disabled to prevent further use.
MBTune Intellectual Property Rights: All content and services on the MBTune Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of MBTune, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of MBTune.
Trademarks and Copyright: MBTune, the MBTune logo, and other marks related to MBTune products and services (“MBTune Marks”) are the exclusive and valuable property of MBTune or its affiliated companies or licensors. The MBTune Marks can only be reproduced or displayed with specific written permission from MBTune, and only in accordance with the policies and guidelines associated therewith. MBTune has made every effort to supply trademark information about company names, products and services mentioned on the MBTune Sites. All third party trademarks are the property of their respective owners.
Third-Party Content and Links: Certain MBTune Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for your convenience in making this third-party content available or accessible to you, you acknowledge that (i) MBTune is not responsible for the third-party content. You also agree that MBTune IS NOT responsible or liable for any losses or damages you experience with any third-party content you chose to rely upon or advertisements you respond to; and(ii) that you must contact any such third party directly for any remedies that may be available to you.
Compliance with Laws: By accessing or using the MBTune Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the operation and use of the MBTune Sites and any services offered therein. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the MBTune Sites to countries or persons prohibited under the export control laws of the United States. MBTune makes no representation that the content on the MBTune Sites is appropriate or available for use outside the United States. If you have chosen to access the MBTune Sites from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The MBTune Sites and the information provided therein are for the convenience of users of the MBTune Sites and for customers and potential customers of MBTune, its products, or its services. The information provided on the MBTune Sites and the products and services described on the MBTune Sites are subject to change without notice. PC BOOSTUP DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE PC BOOSTUP SITES. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR TERMS OF SERVICE FOR A PC BOOSTUP OFFERING, THE PC BOOSTUP SITES, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PC BOOSTUP DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PC BOOSTUP SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE PC BOOSTUP SITES, SERVICES, OR SOFTWARE. PC BOOSTUP DOES NOT WARRANT THAT THE PC BOOSTUP SITES, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE PC BOOSTUP SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, PC BOOSTUP, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Restricted Rights Legend: Any software downloaded from the MBTune Sites for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.
LIMITATION OF LIABILITY: Except as provided by an applicable End-User License Agreement or Terms of Service for a PC BOOSTUP offering, UNDER NO CIRCUMSTANCES IS PC BOOSTUP, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE PC BOOSTUP SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF PC BOOSTUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the MBTune Sites, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the MBTune Sites.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court located in Suffolk County, Massachusetts or the United States District Court for the District of Massachusetts, with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Force Majeure: Under no circumstances shall MBTune, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: Except as provided by an End-User License Agreement or Terms of Service for a MBTune offering, these TOU constitute the entire agreement between You and MBTune with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.