PCJET is a division of Nexodus LLC.

By using the PCJET website and its content, including but not limited to software, downloads, documents, PCJET VPN, Cybrmail, webhosting, and other materials, you are agreeing to comply with and be bound by the following terms of use.  Please review the following terms carefully.  If you do not agree to these terms, you should not use the PCJET website, content, products or services.

1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to Nexodus LLC. DBA PCJET, the PCJET website, content, products and services (“PCJET”).  This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to PCJET, the PCJET website, content, products and services and the subject matter of this Agreement.  This Agreement may be amended at any time by us, from time to time, without specific notice to you.  The latest Agreement will be posted on the PCJET website, and you should review this Agreement prior to using the PCJET website, content, products and services.

2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to PCJET, the PCJET website, content, products and services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any such matters or any part of the PCJET website, content, products or services, except as allowed by Section 4 below, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed, accessed or obtained from or through PCJET, the PCJET website, content, products or services.  The posting of information or materials on the PCJET website does not constitute a waiver of any right in such information and materials.  Some of the content, products and services are the copyrighted work of third-parties.

3. Service Marks.
Nexodus, PCJET VPN, Cybrmail, and others are our service marks or registered service marks or trademarks.  Other product and company names mentioned on the PCJET website may be trademarks of their respective owners.

4. License permitted uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the PCJET website strictly in accordance with this Agreement; (b) to use the PCJET website, content, products and services, solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the PCJET website solely for internal, personal, non-commercial purposes, and provided that you maintain all copyright and other policies contained therein.  No printout or electronic version of any part of the PCJET website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.  PCJET owns all of the rights to the PCJET core and maintains a dual license for the use of the technology.  We support a license under GPLv2 along with a commercial license where appropriate without the restrictions of GPLv2.

5. Restrictions & prohibitions on use.
Your license for access and use of the PCJET website, content, products, services, and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the PCJET website or any Content and Materials retrieved there from; (b) use the PCJET website or any materials obtained from PCJET, the PCJET website, content, products and services, to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from PCJET and the PCJET website; (d) use any Content and Materials from PCJET and the PCJET website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third-parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use obtained from PCJET or contained in or on the PCJET website; (f) make any portion of PCJET or the PCJET website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any PCJET, PCJET website software, content, products or services, or use any network monitoring or discovery software to determine PCJET or the PCJET website architecture; (h) use any automatic or manual process to harvest information from PCJET or the PCJET website; (i) use PCJET or the PCJET website for the purpose of gathering information for or transmitting unsolicited commercial email (“spam”), or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; (j) use PCJET or the PCJET website for unsolicited telephone calls or facsimile transmissions; (k) use PCJET or the PCJET website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (l) export or re-export the PCJET website or any portion thereof, or any software, content, products or services available on or through PCJET or the PCJET website, in violation of the export control laws or regulations of the United States.

6. Forms, agreements & documents
We may make available through PCJET, the PCJET website, or through other linked websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”).  All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license.  Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness.  The Documents are provided “as is,” “as available,” and with “all faults,” and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.  The Documents may be inappropriate for your particular circumstances.  Furthermore, state laws may require different or additional provisions to ensure the desired result.  You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation.  Some Documents are public domain forms or available from public records.

7. No legal advice or attorney-client relationship.
Information contained on or made available through PCJET, the PCJET website, contents, products or services, is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to PCJET or the PCJET website.  Your use of information on the PCJET website, contents, products or services, or materials linked to the PCJET website is entirely at your own risk.  We are not a law firm and PCJET is not a lawyer referral service.

8. Linking to the PCJET website.
You may provide links to the PCJET website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the PCJET website, (b) you do not engage in illegal or pornographic activities or the distribution of spam, and (c) you discontinue providing links to the PCJET website immediately upon request by us.

9. Advertisers.
The PCJET website may contain advertising and sponsorships.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the PCJET website is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

10. Registration.
Certain sections of, or offerings from PCJET or the PCJET website may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Your registration must be done using your real name and accurate information.  Each registration is for your personal use only and not on behalf of any other person or entity.  We do not permit (a) any other person using the registered sections under your name, or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

11. Errors, corrections & changes.
We do not represent or warrant that the PCJET website, content, products and services will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the PCJET website, content, products or services will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the PCJET website, content, products and services at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the PCJET website at any time.

12. Third-party content.
Third-party content may appear on the PCJET website or may be accessible via links from the PCJET website.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the PCJET website.  You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

13. Unlawful activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities.

14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement.

15. Nontransferable.
Your right to use the PCJET website, content, products and services is not transferable or assignable.  Any password or right given to you to obtain information or documents is not transferable or assignable.

16. Disclaimer.
Information, content and documents from or through PCJET, the PCJET website, content, products and services, are provided “as is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).  The information or services may contain bugs, errors, problems or other limitations.  We and our affiliated parties have no liability whatsoever for your use of any information or service.  In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.  The negation and limitation of liability set forth in this Agreement are fundamental elements of the basis of the Agreement between us and you.  PCJET, the PCJET website, content, products, services, documents and information would not be provided without such limitations.  No advice or information, whether oral or written, obtained by you from us through PCJET, the PCJET website, content, products or services, or otherwise, shall create any warranty, representation or guarantee not expressly stated in this Agreement.  All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
 
17. Limitation of liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from PCJET, the PCJET website, content, products or services obtainable therefrom, (b) the unavailability or interruption of the PCJET website, content, products or services, or any features thereof, (c) your use of the PCJET website, content, products or services (d) the content contained on the PCJET website, content, products or services or (e) any delay or failure in performance beyond the control of a Covered Party.

18. Use of information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding any and all uses by you and all information provided by you in any manner consistent with our Privacy Policy.  All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property.  We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.  Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere.  We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.  You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

19. Privacy policy.
We consider your privacy of utmost importance and agree not to sell or disclose any information to third-party advertisers or other information gathering services.  However, as you are not allowed to use PCJET, the PCJET website, content, products or services for illegal or nefarious activities, we are obligated to comply with law enforcement to apprehend individuals using PCJET, the PCJET website, content, products or services for illegal activity.  PCJET logs user logon/logoff times and source IP addresses.  If required by law when requested by subpoena or warrant, PCJET will provide to law enforcement information relating to your profile, email addresses, IP addresses and usage history.  Although PCJET does not cache traffic transmitted through the NDCVPN service, Internet Service Providers often watch for certain types of traffic (illegal movie sharing, child pornography, etc.), and report such to law enforcement.  Accounts accused of performing illegal activities are subject to United States Law and face immediate termination.  This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion in the event of an acquisition, sale or merger.

20. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

21. Securities laws.
PCJET or the PCJET website may distribute or include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements.  These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control.  When used on our website, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements.  The PCJET website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities.  None of the information contained herein is intended to be, and shall not be deemed to be incorporated into any of our securities-related filings or documents.

22. Links to other websites.
The PCJET website may contain links to other websites.  We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked websites on our website does not imply approval or endorsement of the linked websites by us.  If you decide to leave our website and access these third-party websites, you do so at your own risk.

23. Copyrights & copyright agents.
We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following Notice information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest you claim has been infringed,
b. A description of the copyrighted work that you claim has been infringed,
c. A description of where the material you claim is being infringed is located on the PCJET website,
d. Your address, telephone number, and email address,
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyrighted owner, its agent, or the law; and,
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyrighted owner or authorized to act on the copyrighted owner’s behalf.  Our Copyright Agent for Notice of claims of copyright infringement on the PCJET website can be reached by directing an email to the Copyright Agent at support@pcjet.com.

24. Information & press releases.
The PCJET website contains information and press releases about us.  We disclaim any duty or obligation to update this information or any press releases.  Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

25. Legal compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the PCJET website, content, products and services, and the Content and Materials provided therein.

26. Refund & return policy.
All sales are final. All cancellations must be submitted in writing and requested in the ‘members area’ at www.pcjet.com/members

27. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in the state of Montana, and shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles).  Any cause of action by you with respect to PCJET, the PCJET website, content, products or services (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  All actions shall be subject to the limitations set forth in Section 16 and Section 17.  The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.  To the extent that anything in or associated with PCJET, the PCJET website, content, products or services, is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.  Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

28. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement, PCJET, the PCJET website, content, products or services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, PCJET operations, intellectual property, our content, products or services, shall be settled solely by final and binding arbitration before a single arbitrator in accordance with the terms of this Agreement as follows: (1) The arbitration shall be conducted in a location of our choosing in the state of Montana, under the rules of JAMS (www.jamsadr.com) or its successor; (2) the arbitration and all documents filed and all proceedings relating thereto will be confidential; (3) the arbitration and all communications and proceedings and documents will be in English (except for evidence that is not in English in its original form, which will be translated by the party submitting the document); and (4) reasonable discovery including depositions will be provided to each party.  Each party will share evenly the costs of the arbitration.

END Terms of Use Agreement.