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Terms and
Conditions
All contents © All rights reserved.
The Terms and conditions of myPadeXpress.com membership are provided below, so please take a minute to review them before you sign up.
Acceptance of Terms of Use
Please review the following terms and conditions carefully. This agreement is a legally binding contract between you ("You" or "Your") and my Pad eXpress("my Pad eXpress," "We" or "Us") regarding Your access to and use of the my Pad eXpress web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. my Pad eXpress reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, and/or otherwise objectionable; (y) infringes any third party's intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (c) impersonate any person or entity, including, but not limited to, an my Pad eXpress official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (d) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
The Services
The fee assessed by my Pad eXpress entitles You to access the location, evaluation, and or recommendation of software products available from the web site and for the installation and technical support provided. All software recommendations refer to software that is available without charge to individuals at large for specific purposes. The service makes no download speed performance guarantees or the availability of specific files for download on the peer to peer network. Website has no 3rd party copyrighted games on server.
You are responsible for obtaining and maintaining all computer hardware, software, firewall configurations and communications equipment needed to access the Service.
my Pad eXpress makes no claim to ownership or other control or rights to any software recommended by the Service. None of the fee entitles You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees.
Billing
You will be billed by Paypal.com on our behalf. All unsubstantiated and/or fraudulent chargeback requests will be prosecuted and collected to the furthest extent of the law under the Fair Debt Collection Practices Act (FDCPA).
Return and Refund Policy
If you cannot access the product, please contact our support email address displayed on the login page within 7 calendar days of payment confirmation. If you are not satisfied, you may request a refund within 30 days of your purchase. We will assess a $9.95 fee to refunds to cover the costs of processing and handling.
Satisfaction Guarantee
If you are within your first 30 days of our guarantee period - you may be eligible for a refund of your membership minus a $9.95 fee which we keep to cover the costs of processing and handling. Please allow normal banking delays of 10 to 15 days before the funds are returned to your account, should your request be accepted.
Important: We have a strict NO-REFUND policy after your 30 day satisfaction guarantee. Under no circumstances will we offer a refund for any products past this period.
Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by my Pad eXpress or other parties that have licensed their material to my Pad eXpress and is protected by copyright, trademark and/or other intellectual property laws. my Pad eXpress disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either my Pad eXpress or other third parties. You agree not to display or use such marks without written permission from my Pad eXpress or the appropriate party.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the services offered by my Pad eXpress requires an email address. You, as a Member are solely responsible for using your own email address to gain authorized access. You also agree not to disclose or otherwise disseminate your user email address to gain unauthorized access, except as may be specifically required by law. Unauthorized access to the service is a breach of this agreement and a violation of law. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the my Pad eXpress or any third party's intellectual property rights, whether by estoppels, implication or otherwise.
my Pad eXpress Services
my Pad eXpress makes no claim to ownership or other control or rights to any software recommended by my Pad eXpress or its agents. All software recommendations refer to either "Freeware" or software that is otherwise available without charge to individuals at large for specific purposes. None of the charges assessed to members of my Pad eXpress entitle You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. The fees and charges assessed by my Pad eXpress represent recurring monthly club membership fees which entitle You as a Purchaser to access to the location, evaluation, and or recommendation of those software products available from the web site and for the information provided to purchasers. my Pad eXpress Members may cancel at anytime during the course of their membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise link You to other sites on the Internet. If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of my Pad eXpress and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of my Pad eXpress, and You acknowledge that my Pad eXpress is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by my Pad eXpress or any association with its operators. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk.
my Pad eXpress DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, my Pad eXpress IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. my Pad eXpress DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
Limitation of Liability
my Pad eXpress AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. my Pad eXpress CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF my Pad eXpress' SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE my Pad eXpress SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release my Pad eXpress, its directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. Parts of this Site are currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by my Pad eXpress at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.
Failure to Abide by these Terms
my Pad eXpress may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that my Pad eXpress shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.
Claims of Copyright Infringement
It is the policy of my Pad eXpress to respect the intellectual property rights of others. my Pad eXpress does not promote, foster or condone the circumvention of the Digital Millennium Copyright Act or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the my Pad eXpress website, or know of someone who is making unauthorized use of the content of the my Pad eXpress website, please notify us at the email address specified below of your concern by submitting a signed written notice and containing the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the my Pad eXpress website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
Pleas send claims of copyright infringement to support@myPadeXpress.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. We will not be able to respond to any customer service or other issues through this email address.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Miscellaneous
This Terms of Use constitutes the entire agreement between You and my Pad eXpress with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND my Pad eXpress WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND my Pad eXpress RELATING TO YOUR USE OF THE SITE.