Homebrew3Wizard Terms and
Conditions
Your
subscription or purchase of
any Homebrew3Wizard(homebrew3wizard.com)
products serves as your
acknowledgement and
representation that you have
read and understand these
TERMS OF USE and that you
agree to be bound by such
TERMS OF USE ("Agreement").
You
understand and agree to
accept this Agreement is,
legally, the same as
manually signing this
Agreement. Homebrew3Wizard
reserves the right, upon
notice to you, to change or
terminate this Agreement.
You agree that your use of
Homebrew3Wizard after
notice of change to this
Agreement, or if you do not
close your work with
Homebrew3Wizard within
fifteen (15) calendar days
of such notice, shall mean
that you accept the changes.
Changes required by law,
however, will be effective
immediately.
Homebrew3Wizard is for your personal use only. You shall not distribute, exchange, modify, sell, or transmit anything from this Site. Homebrew3Wizard grants you a non-exclusive, non-transferable, limited subscription to use Homebrew3Wizard service, as long as you comply with these Terms & Conditions of Use.
All
materials on
www.ps3unlocker.com,
including but not limited to
audio, images, software,
text, and video clips, are
protected by copyright under
Homebrew3Wizard reserves the right
to refuse any Subscription
at its sole discretion. You
agree to pay the applicable
charges and taxes that may
apply at the time services
are rendered to your
Subscription.
Homebrew3Wizard further reserves
the right to change its
charges any time by posting
a modified schedule of
Pricing and Rates on
Homebrew3Wizard Web site.
Subscription Charges – All
Subscription charges are
refundable during the first
60 days from the date of
purchase. Following 60 days
from the date of purchase,
subscriptions may be
cancelled at any time. Where
the date of request for
cancellation falls within a
billing cycle, subscription
fees will be refunded at a
prorated amount, beginning
the business day following
the date of request for
cancellation.
Homebrew3Wizard makes no
representation or warranty
regarding its compliance
with local laws in foreign
jurisdictions, or regarding
the appropriateness of the
Web site's content or its
compliance with such local
laws. You understand that
Homebrew3Wizard site
is the only means of
accessing your
Homebrew3Wizard Subscription. You
agree that Homebrew3Wizard
shall not be liable for any
losses or damages you incur
as a result of the
unavailability of
Homebrew3Wizard Web site from
foreign countries.
This
Agreement will be effective
only upon our approval of
your Subscription.
Homebrew3Wizard reserves the right
to report to consumer and
securities credit reporting
agencies any debit balance
or negative credit
information pertaining to
any Homebrew3Wizard
Subscription.
Homebrew3Wizard further reserves
the right to reject a
Subscription Application for
any reason.
Homebrew3Wizard may terminate any
or all services rendered
under this Agreement at any
time and for any reason. The
Subscription holder may
close his or her
Subscription at any time.
Upon termination, you will
remain liable for any
deficiencies or debit
balances in the
Subscription. You agree to
reimburse Homebrew3Wizard
for any collection costs
relating to any unsecured
debit balance in your
Subscription, including
attorney's fees, court
costs, arbitration expenses,
and interest.
In cases
of fraud or theft by you,
acting alone or in concert
with others, involving,
among other things, use of
counterfeit checks, checks
drawn on closed or
non-existent Subscriptions,
checks stolen from third
parties, unauthorized
electronic funds transfers
from bank Subscriptions
belonging to others,
attempted electronic
transfers from non-existent
Subscriptions or similar
illegal or improper conduct
involving Subscription
funding or withdrawals, and
including situations in
which you have allowed third
parties to use your
Subscription in any such
manner,
Homebrew3Wizard shall assess
against you, in addition to
all other fees, damages and
penalties to which it may be
entitled, a $500 fee per
forged, faked, fictitious,
stolen or otherwise
unauthorized item or
transfer. This fee shall
constitute liquidated
damages to compensate
Homebrew3Wizard for
the time and effort of
Homebrew3Wizard employees in
rectifying said conduct.
You agree
that Homebrew3Wizard will
not be liable to you or to
third parties for losses
incurred directly or
indirectly by causes
reasonably beyond its
control, including but not
limited to, government
restrictions, natural
disasters, severe weather
conditions, wars, strikes,
terrorist attacks, exchange
or market rulings,
interruptions of data
processing services or
communications, unauthorized
access or operator errors.
You agree
that Homebrew3Wizard will
not be liable to you for any
losses or damages incurred
by you peak demand, systems
upgrades, maintenance or for
other reasons.
Additionally, you understand
that Homebrew3Wizard
Web site is the primary
means of processing your
Homebrew3Wizard
Subscription and that, in
the event of an interruption
of communications systems or
other hardware or software
malfunction, access to view
your Subscription could be
delayed. In the event of a
significant outage,
Homebrew3Wizard would not be liable
for any losses or damages
you might suffer as a result
of such delays.
By opening
a Subscription or buying
Products on ps3unlocker.com
and agreeing to these TERMS
OF USE, you agree to receive
all communications from
Homebrew3Wizard via
the World Wide Web or
e-mail. This will include,
but not necessarily be
limited to, confirmations of
transactions, Subscription
statements, financial
statements, notices of
modifications to
Homebrew3Wizard
TERMS OF USE, and other
basic communications.
Communications sent to your
e-mail address or provided
through the web site must be
retrieved and read promptly.
All communications sent by
Homebrew3Wizard by any
means will be deemed to have
been received by you. You
agree to advise us promptly
of any changes to your
e-mail and/or mailing
address. You agree to advise
Homebrew3Wizard promptly
of any errors or omissions
in any transaction or in the
handling of your
Subscription. Failure to
provide prompt notice of any
errors will be deemed to
constitute acceptance of the
accuracy of all information
sent to you.
Homebrew3Wizard reserves the
right to record telephone
calls to monitor the quality
of service you receive or
for other purposes
Homebrew3Wizard deems appropriate
for its protection or for
the protection of its
customers.
PREDISPUTE ARBITRATION
CLAUSE DISCLOSURES:
ALL
PARTIES TO THIS AGREEMENT
ARE GIVING UP THE RIGHT TO
SUE EACH OTHER IN COURT,
INCLUDING THE RIGHT TO A
TRIAL BY JURY, EXCEPT AS
PROVIDED BY THE RULES OF THE
ARBITRATION FORUM IN WHICH A
CLAIM IS FILED.
ARBITRATION AWARDS ARE
GENERALLY FINAL AND BINDING;
A PARTY'S ABILITY TO
THE ABILITY OF THE PARTIES
TO OBTAIN DOCUMENTS, WITNESS
STATEMENTS AND OTHER
DISCOVERY IS GENERALLY MORE
LIMITED IN ARBITRATION THAN
IN COURT PROCEEDINGS.
THE ARBITRATORS DO NOT HAVE
TO EXPLAIN THE REASON(S) FOR
THEIR AWARD.
THE PANEL OF ARBITRATORS
WILL TYPICALLY INCLUDE A
MINORITY OF ARBITRATORS WHO
WERE OR ARE AFFILIATED WITH
THE SECURITIES INDUSTRY.
THE RULES OF SOME
ARBITRATION FORUMS MAY
IMPOSE TIME LIMITS FOR
BRINGING A CLAIM IN
ARBITRATION. IN SOME CASES,
A CLAIM THAT IS INELIGIBLE
FOR ARBITRATION MAY BE
BROUGHT IN COURT.
THE RULES OF THE ARBITRATION
FORUM IN WHICH THE CLAIM IS
FILED, AND ANY AMENDMENTS
THERETO, SHALL BE
INCORPORATED INTO THIS
AGREEMENT.
SUBJECT TO THE LIMITED
EXCEPTIONS DESCRIBED BELOW,
YOU AGREE TO SUBMIT TO
ARBITRATION ANY DISPUTE
BETWEEN YOU AND
Homebrew3Wizard AND/OR ANY OF ITS
MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES OR
AGENTS RELATING TO YOUR
BROKERAGE SUBSCRIPTION(S).
ANY ARBITRATION UNDER THIS
AGREEMENT WILL BE CONDUCTED
UNDER THE ARBITRATION RULES
OF THE FINANCIAL INDUSTRY
REGULATORY AUTHORITY.
ARBITRATION MAY BE INITIATED
BY EITHER OF US SERVING
WRITTEN NOTICE ON THE OTHER.
THE ARBITRATORS' RULING WILL
BE FINAL AND JUDGMENT ON IT
MAY BE ENTERED IN ANY COURT
OF COMPETENT JURISDICTION.
Homebrew3Wizard RESERVES
THE RIGHT TO PURSUE LEGAL
ACTION AGAINST YOU THROUGH
THE STATE AND FEDERAL COURTS
OF
NO PERSON
SHALL BRING A PUTATIVE OR
CERTIFIED CLASS ACTION TO
ARBITRATION, NOR SEEK TO
ENFORCE ANY PREDISPUTE
ARBITRATION AGREEMENT
AGAINST ANY PERSON WHO HAS
INITIATED IN COURT A
PUTATIVE CLASS ACTION; OR
WHO IS A MEMBER OF A
PUTATIVE CLASS ACTION WHO
HAS NOT OPTED OUT OF THE
CLASS WITH RESPECT TO ANY
CLAIMS ENCOMPASSED BY THE
PUTATIVE CLASS ACTION UNTIL:
(I) THE CLASS CERTIFICATION
IS DENIED; OR (II) THE CLASS
IS DECERTIFIED, OR (III) THE
CUSTOMER IS EXCLUDED FROM
THE CLASS BY THE COURT. SUCH
FORBEARANCE TO ENFORCE AN
AGREEMENT TO ARBITRATE SHALL
NOT CONSTITUTE A WAIVER OF
ANY RIGHTS UNDER THIS
AGREEMENT EXCEPT TO THE
EXTENT STATED HEREIN.
These
TERMS OF USE constitute the
entire agreement with
respect to your access to
and use of the
Homebrew3Wizard Web site. If any
provision of these TERMS OF
USE is unlawful, void or
unenforceable, then that
provision shall be deemed
severable from the remaining
provisions and shall not
affect their validity and
enforceability.
This
Agreement will pass to the
benefit of Homebrew3Wizard s successors,
assigns and agents.
Homebrew3Wizard may assign
its rights and duties under
this Agreement to any of its
successors, subsidiaries or
affiliates without giving
you notice, or to any other
entity on prior written
notice to you. In addition,
you agree that this
Agreement and all terms
hereof, will be binding on
your heirs executors,
administrators and personal
representatives and any
assigns permitted by
Homebrew3Wizard .
To the
extent permitted by law,
Homebrew3Wizard shall not be liable
for any expenses, losses,
damages, liabilities,
demands, charges and claims
of any kind or nature
whatsoever (including
without limitation any legal
expenses and costs and
expenses relating to
investigating or defending
any demands, charges and
claims) ("Losses") by or
with respect to the
Subscription, except to the
extent that such Losses are
actual Losses proven with
reasonable certainty, are
not speculative, are proven
to have been fairly within
the contemplation of the
parties as of the date
hereof, and are determined
by a court of competent
jurisdiction or an
arbitration panel in a final
non-appealable judgment or
order to have resulted
solely from Homebrew3Wizard gross negligence or
willful misconduct and
without limiting the
generality of the foregoing,
Homebrew3Wizard will not
be liable for any indirect,
special, incidental or
consequential damages or
other losses (regardless of
whether such damages or
other losses were reasonably
foreseeable).
Homebrew3Wizard shall have no
liability for and you agree
to reimburse, indemnify and
hold Homebrew3Wizard , its
affiliates and their
partners, directors,
officers and employees and
any person controlled by or
controlling Homebrew3Wizard
harmless from all expenses
(including legal expenses
and reasonable attorney's
fees), Losses or damages
that result from: (a) your
or your agents'
misrepresentation, act or
omission or alleged
misrepresentation, act or
omission, (b)
Homebrew3Wizard 's following your
or your agent's directions
or failing to follow your or
their unlawful or
unreasonable directions, (c)
any of your actions or the
actions of your previous
advisers or Custodian, (d)
the failure by any person
not controlled by
Homebrew3Wizard to perform
any obligations to you, and
(e) your failure to provide
accurate information on your
Homebrew3Wizard
Subscription Application or
to update that information
as required.
Waiver,
Modifications and Amendments
You
agree that Homebrew3Wizard may change the
terms of this Agreement by
giving you notice of the new
terms. You agree that your
use of Homebrew3Wizard
Service after notice of
change to this Agreement, or
if you do not close your
Homebrew3Wizard
Subscription within fifteen
(15) calendar days of such
notice, means that you
accept the changes. Changes
required by law, however,
will be effective
immediately.
Except as specifically
permitted in this Agreement,
no provision of this
Agreement will be deemed
waived, altered, modified or
amended unless agreed to in
writing by Homebrew3Wizard .
Homebrew3Wizard 's
failure to insist on strict
compliance with this
Agreement or any other
course of conduct on our
party will not be deemed a
waiver of Homebrew3Wizard 's rights under this
Agreement.
Headings
The
heading of each Section
hereof is for descriptive
purposes only and shall not
be (a) deemed to modify or
qualify any of the rights or
obligations set forth herein
or (b) used to construe or
interpret any of the
provisions hereunder.
Counterparts
This
Agreement may be executed in
any number of counterparts
by you, each of which will
constitute an original and
all of which, when taken
together, will constitute
one and the same instrument.
Appendix
All content provided by ps3unlocker.com is copy written and any use is a violation of applicable copyright and/or trademark laws unless prior written consent is provided by ps3unlocker.com. Company names, logos, icons, graphics and designs referred to on by ps3unlocker.com may be the property of third party respective owners and our displaying them is intended for the owner's benefit. We do not intend to infringe these third party proprietary rights
I, as a subscriber of Homebrew3Wizard Subscription, have read and understand these Terms of Use. Furthermore, my continued subscription shall constitute my consent to these Terms of Use.
