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Terms of Use
Welcome to the Toughbook Exchange Website, a site owned and operated by PlanITROI, Inc.
These Terms of Use, along with policies and guidelines located throughout the Toughbook Exchange website, identify what users of the Toughbook Exchange website ("Users") can expect from Toughbook Exchange, Toughbook Exchange Providers (as defined below) and the Toughbook Exchange website and what we expect from Users. By accessing any areas of the Toughbook Exchange website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Toughbook Exchange website.
I. ONLINE CONDUCT
User agrees to use the Toughbook Exchange website only for lawful purposes. User is prohibited from posting on or transmitting through the Toughbook Exchange website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Toughbook Exchange is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Toughbook Exchange website (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Toughbook Exchange may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Toughbook Exchange website. Toughbook Exchange may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Toughbook Exchange website; or (iii) to protect the rights or property of Toughbook Exchange and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Toughbook Exchange Providers") and any other User.
Toughbook Exchange reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Toughbook Exchange, the Toughbook Exchange website, the communities that make up the Toughbook Exchange website, or any rights of Toughbook Exchange or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Toughbook Exchange Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Toughbook Exchange Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Toughbook Exchange website.
II. TRADEMARK
Toughbook Exchange is a trademark or service mark of Toughbook Exchange or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Toughbook Exchange and its licensors used on the Toughbook Exchange Website may not be used without prior written consent of Toughbook Exchange or its licensor, as the case may be. Without limiting the foregoing, no Toughbook Exchange trademark or trade dress may be used in connection with any product or service that is not Toughbook Exchange's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Toughbook Exchange.
III. CONTENT
a. Proprietary Rights
User acknowledges that the Toughbook Exchange website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Toughbook Exchange owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Toughbook Exchange website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Toughbook Exchange Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Toughbook Exchange at support@planitroi.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Toughbook Exchange Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Toughbook Exchange Website retains any and all rights, which may exist in such Content.
c. Third-Party Content
Toughbook Exchange is a distributor and not a publisher of Content supplied by third parties and Users. Toughbook Exchange has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Toughbook Exchange or its affiliates or any of their officers, directors, employees, or agents. No Toughbook Exchange Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Toughbook Exchange Website represents the opinions and judgments of the respective third party providing such Content. Toughbook Exchange neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Toughbook Exchange Website by anyone other than Toughbook Exchange. Under no circumstances shall Toughbook Exchange, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Toughbook Exchange Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Toughbook Exchange website.
d. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States . This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Toughbook Exchange website to either a foreign national or a foreign destination in violation of such laws.
IV. AGE OF USERS
Toughbook Exchange does not intend the Toughbook Exchange website to be used by minors under the age of 18. Furthermore, Toughbook Exchange does not market the Toughbook Exchange website for use by minors under the age of 18. Toughbook Exchange relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Toughbook Exchange Website are appropriate for view or access by such Users.
V. TERMINATION OF USAGE
Toughbook Exchange may suspend or terminate any User's access to all or any part of the Toughbook Exchange Website including any account thereon, without notice, for any reason in Toughbook Exchange's sole discretion, including without limitation Toughbook Exchange's belief that such access would violate any applicable law or would be harmful to the interests of any Toughbook Exchange Provider or another User.
VI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE Toughbook Exchange WEBSITE IS PROVIDED BY Toughbook Exchange PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Toughbook Exchange PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO Toughbook Exchange PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Toughbook Exchange WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Toughbook Exchange WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Toughbook Exchange WEBSITE; OR (IV) THAT THE Toughbook Exchange WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Toughbook Exchange ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO Toughbook Exchange PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Toughbook Exchange WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Toughbook Exchange WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Toughbook Exchange PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY Toughbook Exchange PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Toughbook Exchange WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Toughbook Exchange WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, 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 Toughbook Exchange 'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Toughbook Exchange WEBSITE.
NO Toughbook Exchange PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Toughbook Exchange WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Toughbook Exchange PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
VII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
VIII. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Toughbook Exchange in the State of New Jersey . As such, the laws of the State of New Jersey will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through the Toughbook Exchange Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New Jersey Courts and agrees not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.
IX. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Toughbook Exchange website, any Content or any item purchased from the Toughbook Exchange Website shall be settled by confidential arbitration in New Jersey, New Jersey administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Toughbook Exchange from seeking any injunctive relief in State or Federal courts located in the State of New Jersey for protection of Toughbook Exchange 's or Toughbook Exchange licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
X. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Toughbook Exchange regarding User's relationship with Toughbook Exchange and supersedes any prior statements or representations. When using the Toughbook Exchange Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XI. MODIFICATION
Toughbook Exchange reserves the right to make changes to the Toughbook Exchange website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on July 25, 2006.
Toughbook Exchange Copyright Policy
Digital Millennium Copyright Act
(Public Law 105-304)
Corporate Policy and Procedures for Compliance
In accordance with the Digital Millennium Copyright Act , Toughbook Exchange has adopted the following policy toward copyright infringements:
"Toughbook Exchange will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site."
This policy shall cover all aspects of Toughbook Exchange.
Thank you.
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Terms of Use |
Security Statement |
info@planitroi.com
Welcome to Toughbook Exchange, the official destination for factory refurbished, used recertified and new discontinued Panasonic Toughbook products. Panasonic manufactures a full line of business-rugged, semi-rugged, and fully-rugged Toughbook Computers designed to withstand the demanding conditions in fields that include Marine, Law Enforcement, Military, Utility, Healthcare, Transportation, Construction, Federal Government, and Emergency Services. Ruggedized features include a full or partial magnesium case, a shock-mounted hard drive, and sealed keyboards that resist the hazards of dirt, dust and spills. Toughbook Exchange offers the highest quality used, refurbished, and recertified Toughbook computers with the same quality standards you are accustomed to with Panasonic.
Copyright © 2010 PlanITROI. All Rights Reserved.
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