These websites www.systemoptimizerpro.com and www.securewebpayments.com (hereinafter “Site”) are operated by 383 Media, Inc. (dba System Optimizer Pro & Secure Web Payments; hereinafter “383 Media”). Throughout these Terms and Conditions, the terms “we”, “us” and “our” refer to 383 Media and the terms “you” and “your” refer to all users of the site, including without limitation users who are browsers and/or customers. The term “Products” refers to all products and services offered for use and/or sale on our site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR USE OF ANY PART OF THIS SITE, INCLUDING BUT NOT LIMITED ACCESSING THE WEBSITE, SUBMITTING CONTENT, CONTACTING US THROUGH THE SITE, OR DOWNLOADING AND/OR PURCHASING PRODUCTS AND RELATED SERVICES THEREIN WILL INDICATE YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, STOP ALL USE OF THIS SITE, PROMPTLY EXIT THIS SITE AND DELETE OR UNINSTALL ALL OF OUR PRODUCTS FROM YOUR COMPUTER.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 383 Media may, at its sole discretion, inform you of these changes via email.
By your acceptance of these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You further represent that you possess the legal capacity to enter into a contract.
1. LIMTATIONS ON USE
You may not use this Site and/or our Products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Products, violate any laws in your jurisdiction (including but not limited to copyright laws). To the extent that your use of this Site and/or Products is restricted or in any way illegal in your jurisdiction, you agree to not to access or use this Site and/or Products.
All pages within this Site and any material available for download are the property of 383 Media and/or its affiliates. No portion of the materials on these pages may be reprinted, modified, or distributed in any form without express written permission of 383 Media. You shall keep intact any proprietary notices contained on any download materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions and any applicable end user license agreements are reserved by 383 Media.
2. TRADEMARK NOTICE
“383 Media Inc.” and “Secure Web Payments” are the logos, trademarks, and service marks of 383 Media. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks, or logos of their respective owners.
3. ORDER AND ACCEPTANCE
When you submit an order for a product to 383 Media, the order constitutes an offer to 383 Media to purchase the Products referred to on our Site and is subject to acceptance by 383 Media. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled we will initiate a refund credit to your account. Your order is accepted when your payment has been accepted by 383 Media and you receive the license/registration key for the product purchased.
We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
4. PAYMENT TERMS AND TAX
Terms of payment are entirely within the discretion of 383 Media. Prices listed on the Site for Products are the prices in effect at that time and 383 Media reserves the right to withdraw any discount and/or revise any product price on the Site at any time prior to acceptance of your order. The final product price will be reflected prior to the confirmation of your order.
Unless otherwise specified, prices quoted on the Site are exclusive of tax, VAT, or duty of any kind which must be added to the price payable, where applicable. You agree to pay any applicable tax, VAT, or duty for the Products when you submit your order.
Payment may ONLY be made via the payment options available on the Site. No other forms are being accepted at this time. You represent and warrant that the payment information you provide to us is: (A) true, correct, and complete; and (B) charges incurred by you will be honored by your payment company.
Prior to our acceptance of your order, your payment must be received by us in full regardless of whether you are an individual or business.
Occasionally an error may occur in the price and/or description of a product on the Site, in which case 383 Media will contact you for instructions as to whether you would like to cancel the order or proceed and place the order based on a revised price or description of the product ordered.
5. DELIVERY AND ACTIVATION PROCESS
Many 383 Media products are primarily available for download only from our Site. It is your responsibility to access the Site, download the product, and follow the product installation and activation instructions. 383 Media is not liable in the event you do not or are unable to complete the download, installation, and/or activation processes. However, full refunds are available in accordance to the terms of our Satisfaction Guarantee.
Where there are tangible products (i.e. compact disks) available for purchase from our Site:
- (A) Delivery times and dates referenced on the Site or in an order communications from 383 Media are estimates only and we are not liable in the event of a delivery delay;
- (B) 383 Media may charge you for extra costs arising from changes you make to your delivery address after you submit your order;
- (C) Risk of loss of or damage to the Products pass to you upon delivery or when placed in your possession;
- (D) If you refuse or fail to take delivery of Products provided in accordance with these Terms and Conditions, any risk of loss or damage to the Products shall nonetheless pass to you, without prejudice to any other rights or remedies 383 Media may have, including but not limited to: (i) 383 Media shall be entitled to immediate payment in full for Products delivered and either to effect delivery by whatever means 383 Media deems fit, or to store Products at your risk and expense; (ii) You shall be liable to pay, upon demand, all costs of product storage and any additional costs incurred as a result of your refusal or failure to take delivery; and (iii) If you refuse to take delivery for a period of 30 days, 383 Media may dispose of the Products you ordered at 383 Media’s discretion.
Please note: You may activate your product by calling in to activate remotely or by manually entering the registration/license key into the software yourself. Should you choose to activate via remote access the activation process may involve third party call support centers based out of the United States of America, India, and/or other locations. Remote access activation typically involves certified technicians securely connecting to your PC and remotely activate your software for you. These call support centers are affiliated with 383 Media ONLY to the extent that they aid you in the activation process. Any products or services that may be made available for purchase by these calls support centers to you are not affiliated with 383 Media products or services and such purchases are made completely at your own discretion between you and the call support center. Should you have any issues with your purchases with the call support center, please resolve the issue with the call support center directly. You are welcome to contact 383 Media via the contact information in Section 25 and we may provide you with the contact information for the call support center. 383 Media shall not be held liable for any purchases made beyond those offered directly by us and/or purchased directly from our Site.
6. SATISFACTION GUARANTEE
Under our Satisfaction Guarantee, you may cancel your order for any reason within the sixty (60) days after the day upon which your purchase was accepted by 383 Media. To exercise your right of cancellation under the Satisfaction Guarantee, you must contact 383 Media by using the information provided in Section 25. Your notice must include the following information: First and Last name of Customer and Email provided by Customer at time of purchase.
When your License Term is close to expiring, we may send notices to the e-mail address you provided when you subscribed.
- (A) Automatic Renewal: We will automatically charge you and renew your subscription for another term when each license term expires if you have elected to automatically renew your license. The fee will not exceed the current price, excluding promotional and discount pricing. The new term will be the same length as the expired term unless otherwise specified by us at the time of renewal. This renewal and your payment will be processed within 2 days before/after the current term expires and each anniversary thereafter. We will inform you of your account status and any changes to the terms and conditions of your subscription in accordance with local law.
- (B) Cancelling Automatic Renewal: You may cancel your automatic renewal at any time. If you do not want to be automatically charged, you must contact us to turn off automatic renewal before your current License Term ends via the contact information available in Section 25. Cancellation of automatic renewal stops charges on a going forward basis only and will not result in the retroactive refund of subscription payments. Furthermore, we will not pro-rate previously charged subscription fees on the basis of your cancellation date.
- (c) Refund: If the subscription is automatically renewed and it is within 60 days of the date upon which you were charged for the renewal, we shall grant a full refund for that subscription charge upon your request. Please contact us via the information available in Section 25.
9. CUSTOMER INFORMATION
Your contact information is the only way by which we can contact you. It is solely your responsibility to ensure and maintain the accuracy of the contact information you provide. At any time you may update your customer account information by contacting us using the information provided in Section 25. 383 Media is not liable for any damages arising out of erroneous or un-updated customer information.
10. RESTRICTED ACCESS
Access to certain areas of this Site is restricted. 383 Media reserves the right to restrict access to any and/or the entire Site at 383 Media’s discretion. If 383 Media provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential. 383 Media is not liable for any damages arising out of your failure to keep the aforementioned user ID and password private.
11. SERVICE AND SUPPORT
All requests for technical service and support for Products made available for purchase on our Site can be made by contacting us using the information provided in Section 25. Availability for service and support vary by product and are described on our Site. We reserve the right to change or modify the availability of these services and support at any time, without notice. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction. Also note, you will never be as
You may not alter, unbundle, or break the product down to components for distribution, transfer, resale, or for any other purpose. Further, you may not rent, lease, lend, redistribute, sublicense or transfer the Software to another party at any time. You are further prohibited from separating the product key from the associated software and/or transferring the product key to a third party for any purposes.
If in 383 Media’s reasonable judgment, the acquisition of the product occurred using a fraudulently obtained credit care or any other unauthorized means, 383 Media has no obligations to provide customer services or support to you for the product in question or to allow the license to continue. 383 Media reserves the right to deactivate subscriptions obtained through any unauthorized means.
13. THIRD PARTY INTERACTION
During the use of this Site and Products, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers, or sponsors showing their goods and/or services through the Site or Products. Any such activity and any terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third party. 383 Media and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. 383 Media makes no representation whatsoever about any other website that you may access through this Site. A hyperlink to a non-383 Media website does not mean that 383 Media endorses or accepts any responsibility for the content or the use of the linked website. It is entirely your responsibility to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. In no event shall 383 Media or its licensors be held responsible for any content, products, services, or other materials on or available from such third party hyperlinks or providers.
We may rely on third party advertising and marketing through the Site and/or Products and other mechanisms to finance the Site and/or Products. Per these Terms and Conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, stop using this Site and/or Products. You agree that it is your responsibility to take reasonable precautions in all interactions you may have with any third party you may interact with in the course of your use of the Site or Products.
You accept that, as a limited liability entity, 383 Media has an interest in limiting the personal liability of its officers and employees. By agreeing to these Terms and Conditions and using this Site or services therein, you agree that you shall defend, indemnify, and hold 383 Media, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys, and agents harmless from and against any claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (A) your violation or breach of any terms of these Terms and Conditions or any applicable law or regulation; (B) your violation of the rights of any third party; and (C) your use or misuse of the Site and/or Products.
15. DISCLAIMER OF WARRANTY
INFORMATION ON THIS SITE AND THE PRODUCTS ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 383 MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 383 MEDIA MAKES NO WARRANTIES THAT: (A) PRODUCTS AND/OR SITE WILL MEET YOUR REQUIREMENTS; (B) PRODUCTS OR SITE USE WILL BE UNINTERUPTED, TIMELY SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE PRODUCTS AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS AND/OR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE PRODUCTS AND/OR SITE WILL BE CORRECTED. 383 MEDIA DOES NOT WARRANT THIRD PARTY PRODUCTS.
16. LIMTATION OF LIABILITY
SOME STATES AND JUSRISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL 383 MEDIA BE HELD LIABLE TO YOU FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, CORRUPTION, OR LOST DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERUPTION, OR ANY COMMERICAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE USE OF THIS SITE OR PURCHASE OF PRODUCTS THERIN EVEN IF 383 MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL 383 MEDIA’S LIABILITY EXCEED THE AMOUNT THAT YOU PAID FOR THE APPLICABLE PRODUCT OR $75, WHICHEVER AMOUNT IS THE LESSER.
17. FORCE MAJEURE
383 Media is not responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, network/telecommunication failure or breakdown, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of any such delay, 383 Media may be excused from such performance to the extent that it is delayed or prevented by such cause.
18. EXPORT REGULATIONS
You acknowledge that Products may be subject to the import and export laws of the United States of America and the laws of any country where the product is imported or re-exported. You agree to comply with all relevant laws and will not export any product in contravention of such applicable laws to any prohibited country, entity, or person for which an export license or government approval is required. You hereby agree that you will not export or sell any product for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
The failure of 383 Media to enforce any of our rights under these Terms and Conditions, our policies, or any applicable laws shall not be deemed to constitute a waiver of such rights.
383 Media may transfer, subcontract or otherwise deal with our rights and/or obligation under these Terms and Conditions without notifying you or obtaining your consent. You may NOT transfer, subcontract or otherwise deal with our rights and/or obligation under these Terms and Conditions.
In the event that any provision or part of a provision of this License is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this License. Such determination shall not affect the validity and enforceability of any other remaining provisions.
22. ENTIRE AGREEMENT
These Terms and Conditions and any policies or documents referenced herein constitute the entire agreement between you and 383 Media pertaining to the subject hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that these Terms and Conditions conflict with anything referenced herein or anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
23. CHOICE OF LAW AND VENUE
This Site is controlled by us from our offices within the State of California, United States of America. By accessing this Site and/or purchasing Products available through this Site, we agree that the statutes and laws of the State of California, without regard to the conflict of laws principals thereof, will apply. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of California for the County of Alameda and the United Stated District Court for the Northern District of California with respect to such matters.
24. STATUTE OF LIMITATIONS
Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
25. CONTACT US
The preferred method for you to contact us is via our Contact Us form on our Site. In the alternative, you may reach us at:
- BY EMAIL:
- BY TELEPHONE: [For order information and transaction details only]
1 (925) 892-3044. (Business Hours: M-F 9am-5pm Pacific Standard Time)
International: +1 (925) 892-3044 (check your local telephone company for estimated charges)
- BY MAIL:
383 Media Inc.
7600 Dublin Boulevard, Suite 210
Dublin, CA , 94568