Last modification date: August 9, 2009
MyEPayStub.com, DiskFiler.com, MyEW2.com, and MagMediaOnline.com, are all provided under Professional Automation Services, Inc. commonly refered to as PAS.
Where used in this Terms of use statement, MyEW2.com refers to Professional Automation Services, Inc., all employees of Professional Automation Services, Inc., site editor, site administrator, and any and all other parties affiliated with Professional Automation Services, Inc.
1. Acceptance of Terms of use and amendments
Each time you use or cause access to PAS Web Sites, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on PAS Web Sites or accessed via PAS Web Sites, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the PAS Web Sites’s Privacy Policy, which is incorporated within these Terms of use by reference.
2. PAS Web Sites site editor service
PAS Web Sites and the services provided to you on and via PAS Web Sites are provided on an “AS IS” basis. You agree that the PAS Web Sites site editor reserves the right to modify or discontinue provision of PAS Web Sites and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The PAS Web Sites site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
In order to use PAS Web Sites or certain parts of it, you may be required to register for a user account on this web site; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this PAS Web Sites Terms of use, including any amendments made by the PAS Web Sites site editor that are published herein.
4. Privacy policy
Registration data and other personally identifiable information that the site may collect is subject to the terms of the PAS Web Sites’s Privacy Policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify PAS Web Sites of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. PAS Web Sites will not be responsible to you in any way for content displayed on PAS Web Sites, nor for any error or omission.
By using PAS Web Sites or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of PAS Web Sites or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use PAS Web Sites to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the PAS Web Sites’s prior written consent;
(e) you will not provide any content that may give rise to PAS Web Sites being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
7. Submission of content on PAS Web Sites
By providing any content to PAS Web Sites:
(a) you agree to grant PAS Web Sites a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant PAS Web Sites the license specified in this section 7;
(c) you acknowledge and agree that PAS Web Sites will have the right (but not obligation), at PAS Web Sites’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through PAS Web Sites. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. PAS Web Sites will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless PAS Web Sites and PAS Web Sites’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with PAS Web Sites or PAS Web Sites service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE (PAS Web Sites) AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND PAS WEB SITES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PAS Web Sites MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER PAS Web Sites NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA PAS Web Sites MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT PAS WEB SITES WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAS WEB SITES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAS Web Sites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
PAS Web Sites reserves all of PAS Web Sites’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that PAS Web Sites may have in respect of this web site, its content, and goods and services that may be provided. The use of PAS Web Sites’s rights. and property requires PAS Web Sites’s prior written consent. By making services available to you, PAS Web Sites is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of PAS Web Sites or provided services without PAS Web Sites’s prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, PAS Web Sites’s copyright agent may be contacted via the Contact Form.
14. Applicable law
You agree that these Terms of use and any dispute arising out of your use of PAS Web Sites or products or services provided will be governed by and construed in accordance with local laws applicable at PAS Web Sites’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on PAS Web Sites, or by using PAS Web Sites and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over PAS Web Sites’s domicile, and that any disputes will be heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;
(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;
(iii) You agree that any claim or cause in respect of PAS Web Sites or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;
(iv) PAS Web Sites may assign the PAS Web Sites’s rights and obligations under these Terms of use; in this event, PAS Web Sites will be relieved of any further obligation.
