terms

Last Updated: May 6, 2009

By visiting or using this website at www.totalpaas.com (the Site) you agree to all terms, conditions, and notices contained or referenced herein (Terms and Conditions). If you do not wish to agree or be bound by these Terms and Conditions, do not use this Site. We reserve the right, at our discretion, to update or revise these Terms and Conditions. Please check the Terms and Conditions periodically for changes. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

OWNERSHIP
This Site is owned and operated by TotalPaas, Inc. (Company), a California corporation. The information, data, text, software, sound, photographs, graphics, video, messages and other information and material (collectively, Content) of this Site is protected by United States copyright and trademark law, international conventions and other applicable laws. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense Content on this Site, except as expressly set forth in these Terms and Conditions; the sale, auction, lease, loan, gift, trade or barter, or use of any of the Content for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the Content on any other Website or networked computer environment, is expressly prohibited. The creation of derivative works based on the Content, whether sold, bartered or given away, is expressly prohibited.

PRIVACY POLICY
Please review our Privacy Policy [link to Privacy Policy] which explains the personal information that we may collect from you, as well as how and why we use that information.

DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, IS COMPANY LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, THE CONTENT, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR ANY COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.

INDEMNITY
You agree to defend, indemnify, and hold Company and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers, and shareholders (collectively, the ‘Indemnified Parties’) harmless from any damage, lost, or expense (including attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (Claim) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms and Conditions by you; or (ii) arising from or related to your use of the Site.

RESTRICTIONS ON YOUR USE OF THE SITE
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

You are responsible for your own use of the Site and for any consequences thereof. You will use the Site in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations.

You may not use this Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party’s use and enjoyment of the Site.

CHOICE OF LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be in the state or federal courts located in Santa Clara County, California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

MODIFICATION AND SEVERABILITY
Company may, in Company’s sole discretion make changes to the Site or these Terms and Conditions at any time. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that term or condition will be severed and does not affect the validity or enforceability of any remaining term or condition.