Terms Of Service

This is a pretty common sense agreement. If you don't have common sense, then reading this might help you get some.

Basically, don't sue me for anything the software on this site does or does not do, claims to do or claims not to do, or anything else. If you lose data, I'll sincerely apologize and make efforts to diagnose and fix the software bug that caused the outage but no guarantees. Like all programmers, if I can't replicate the problem, I'll have a difficult time fixing it. Obviously, I'll only work on software I've written.

If you annoy me by insulting me or are generally rude, I'm free to ban you from ever doing so again by whatever means I deem necessary. If you are generally polite and professional, there's pretty much no chance of this happening.

If you are signing up for an account to access the downloads, you agree to receive two e-mails regarding the software you download. You can't opt out of the e-mails because that is the price you are paying for using my bandwidth and server resources. If you don't want the e-mails, don't download my software and that will solve the problem.

Alright, now onto the boring legal stuff, which heavily borrows from the WordPress.com TOS...

Terms of Service

The following terms and conditions govern all use of the barebonescms.com website and all content, services and products available at or through the website (the "Website"). The Website is owned and operated by CubicleSoft (collectively, the "Operators"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Website by CubicleSoft (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CubicleSoft, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Barebones CMS Account. If you create an account on the Website in order to download a product, you agree to receive two related, automated e-mails within 20 days each time a product is downloaded. You agree that this is reasonable compensation for utilizing the Website and its resources. You also agree to indemnify and hold harmless the Operators for these e-mails including, but not limited to, CAN-SPAM violations, perceived or otherwise. If you create an account on the Website in order to use the forum or other communication medium, you agree to conduct yourself in a professional manner and that the Operators determine whether or not you are conducting yourself in a professional manner. If you create an account on the Website, you agree that violating any part of this agreement may result in the subsequent termination of your account.
  2. Intellectual Property. This Agreement does not transfer from CubicleSoft to you any CubicleSoft or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CubicleSoft. CubicleSoft, the CubicleSoft logo, Barebones CMS, the Barebones CMS logo, and all other trademarks, service marks, graphics and logos used in connection with barebonescms.com, or the Website are trademarks or registered trademarks of CubicleSoft or CubicleSoft licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CubicleSoft or third-party trademarks.
  3. Termination.The Operators may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Barebones CMS account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  4. Disclaimer of Warranties. The Website is provided “as is”. CubicleSoft and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CubicleSoft nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  5. Limitation of Liability. In no event will CubicleSoft, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CubicleSoft under this agreement during the twelve (12) month period prior to the cause of action. CubicleSoft shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  6. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  7. Indemnification. You agree to indemnify and hold harmless CubicleSoft, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  8. Miscellaneous. This Agreement constitutes the entire agreement between the Operators and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CubicleSoft, or by the posting by the Operators of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pima County, Arizona. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tucson, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CubicleSoft may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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