ACCEPTANCE OF TERMS

These terms and conditions (“Terms of Use”) apply when you access the Fixbytes web site (the "Site"), a website provided to you ("You") by Fixbytes ("Fixbytes"). Your use of the Site is governed by these Terms of Use. These Terms of Use include any updates by Fixbytes and any additional guidelines or rules posted on the Site, if any (“Updated Terms of Use”). You can review the most current version of the Updated Terms of Use at any time at www.Fixbytes.com.  Please note that the collection and dissemination of information is subject to Fixbytes's privacy policy (“Privacy Policy”), which may be viewed at any time at www.Fixbytes.com.  Where Fixbytes has provided you with a translation of the English language version of the Terms of Use, then You agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Fixbytes.  If there is any contradiction between what the English language version of the Terms of Use states and what a translation states, then the English language version shall take precedence.

By using the Site, you agree to be bound by the Terms of Use. This is a legally binding agreement. Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use the Site to which these Terms of Use apply.

The Site and Services are controlled and operated by Fixbytes, and Fixbytes makes no representations that information and offerings or the Services provided through the Site are appropriate or available for use outside Fixbytes.

COMPANY INFORMATION

The Site includes information about Fixbytes, its products and its services and allows you to use and/or purchase Fixbytes's products or services. Collectively, the provision of the information, the ability to use and purchase products and services and the search features on or through the Site are referred to in these Terms of Use as the "Services." Fixbytes may alter, augment or terminate the Site or Services in whole or in part at any time and from time to time at its sole discretion. Fixbytes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. Fixbytes reserves the right to refuse to offer the Services to anyone at any time without notice.

SERVICES OFFERED

The information and descriptions of the Services provided are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by Fixbytes. You assume total responsibility and risk for your use of the information provided on the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Site.

All products and services described herein are provided subject to applicable tariffs and any accompanying terms and conditions, which may be obtained from Fixbytes. If you purchase any products or services from Fixbytes, you understand that such purchase is subject to Fixbytes's standard terms and conditions of sale.

DISCLAIMER OF WARRANTIES

ALL PRODUCTS OR SERVICES OFFERED BY FIXBYTES ARE PROVIDED SUBJECT TO FIXBYTES STANDARD TERMS AND CONDITIONS OF SALE. UNLESS OTHERWISE SPECIFIED IN WRITING BY FIXBYTES, FIXBYTES OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY.

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. UNLESS OTHERWISE SPECIFIED IN WRITING BY FIXBYTES, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIXBYTES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. FIXBYTES MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

EXCLUSIONS AND LIMITATION OF LIABILITY SECURITY MEASURES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIXBYTES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF FIXBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL FIXBYTES'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100.

CONDUCT ON THE SITE

You agree to not use the Site to:

Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines;

Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

Access (or attempt to access) any of the Services by any means other than through the interface that is provided by Fixbytes, unless you have been specifically allowed to do so in a separate agreement with Fixbytes;
Access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services;

Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site;

Violate, intentionally or otherwise, any applicable local, state, national or international law or regulation;

Use, duplicate, or copy the Site for or offer any information on the Site to any third party or use or exploit any portion of the Site to provide any commercial services to third parties; or

Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose; and,

Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms of Use.

INTELLECTUAL PROPERTY INFORMATION

COPYRIGHT INFORMATION

All content included on the Site, including, without limitation, all text, graphics, logos, button icons, images, audio clips, and software ("Content") and the compilation of the Content intended to provide the Services, is the property of Fixbytes or its suppliers and protected by India and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. Fixbytes reserves all other rights.

You understand that all third party information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated (“Third Party Content”).  Such Third Party Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide such Third Party Content to Fixbytes (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Third Party Content (either in whole or in part) unless permitted to do so in writing as evidenced by a fully executed agreement.
Fixbytes reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Third Party Content from the Services.  Fixbytes may also provide tools to filter out explicit sexual content and You acknowledge there are commercially available services and software to limit access to material that You may find objectionable.  You understand that by using the Services you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
You agree that you are solely responsible for (and that Fixbytes has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Fixbytes may suffer) by doing so. 

Fixbytes does not endorse, warrant, guarantee or otherwise certify any Third Party Content in any application or usage.

You will not use any of Fixbytes’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features for any purpose.  You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

INDEMNITY

You agree to hold harmless and indemnify Fixbytes and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms of Use.

MISCELLANEOUS

The Terms of Use constitute the entire agreement between you and Fixbytes and govern your use of the Site and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Fixbytes. You also may be subject to additional terms and conditions that may apply when you use Third Party Content or services available through the Site or Services. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. The failure of Fixbytes to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms of Use must be filed within one year after such claim or cause of action arose. The section titles of the Terms of Use are merely for convenience and will not have any effect on the substantive meaning of this Agreement.