SCOPE AND MODIFICATION OF THE AGREEMENT
You agree to the terms and conditions outlined in the Agreement in respect to your utilization of the Website. The Agreement establishes the complete and exclusive agreement between you and The Software regarding your utilization of the Website and supersedes all previous or simultaneous agreements, representations, warranties, and/or understandings regarding the Website. We may modify the Agreement occasionally at our sole discretion, without providing specific notice to you. The most recent Agreement shall be posted on the Website, and it is recommended that you review the Agreement before utilizing the Website. By continuing to use the Website and/or Services, you hereby acknowledge your compliance with all the terms and conditions set forth in the Agreement effective at that time. Consequently, you should regularly check this page for updates and/or changes.
To access and use the Website and Services, individuals must be capable of entering into legally binding contracts under applicable law. It is important to note that the Website and Services are specifically intended for individuals who are at least eighteen (18) years old. Consequently, individuals who are under the age of eighteen (18) are strictly prohibited from accessing and using the Website and Services.
DESCRIPTION OF THE SERVICES
By completing the relevant purchase order forms, you have the option to acquire, or try to acquire, specific products and/or services from the Website. The descriptions of the products and/or services showcased on the Website may be provided directly by the manufacturers or distributors who are Third Party Providers. TheSoftware does not guarantee the accuracy or completeness of these descriptions. You acknowledge and agree that TheSoftware is not responsible or liable in any way for your inability to obtain products and/or services from the Website or for any disputes with the sellers, distributors, or end-user consumers of the products. You understand and agree that TheSoftware will not be held liable to you or any third party for any claims arising in connection with any of the products and/or services offered on the Website.
TheSoftware occasionally offers Contests where participants have the opportunity to win promotional prizes and other awards. To enter these Contests, you must complete the corresponding registration form and agree to the Official Contest Rules. It is important that you provide accurate and truthful information when registering for a Contest. TheSoftware reserves the right to reject any Contest Registration Data that is determined, at its sole discretion, to be in violation of any part of the Agreement, or is incomplete, fraudulent, duplicate, or otherwise unacceptable. TheSoftware also retains the right to modify the criteria for Registration Data at any time.
As a user of the Website, you have been given permission to access and utilize the Website, Content, and associated material in accordance with the Agreement. TheSoftware has the right to terminate this permission at any time, without giving any particular reason. You may only use the Website and Content on one computer for your own personal, non-commercial purposes. It is strictly prohibited to reproduce any part of the Website, Content, Contests and/or Services or to include it in any electronic or mechanical information retrieval system. You are not allowed to use, copy, imitate, duplicate, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, Contests and/or Services or any part of them. TheSoftware reserves all rights that have not been explicitly granted in the Agreement. It is not permissible to use any device, software, or routine that may interfere or attempt to interfere with the proper functioning of the Website. You are also prohibited from taking any action that might overload or unreasonably burden the infrastructure of TheSoftware. Your right to use the Website, Content, Contests and/or Services is non-transferable.
All content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to the Website, Content, Contests, and Services are protected by applicable copyrights, trademarks, and other proprietary (including intellectual property) rights. It is strictly prohibited for you to copy, redistribute, publish, or sell any part of the Website, Content, Contests, and/or Services. Unauthorized retrieval of material from the Website, Content, Contests, and/or Services through automated means or any other form of scraping or data extraction to create a collection, compilation, database, or directory without written permission from TheSoftware is prohibited. You do not acquire ownership rights to any content, document, software, services, or other materials viewed at or through the Website, Content, Contests, and/or Services. The posting of information or material on the Website, or through the Services by TheSoftware, does not waive any rights in or to such information and/or materials. The TheSoftware name, logo, and all associated graphics, icons, and service names are trademarks of TheSoftware. Any use of a trademark without the express written consent of the applicable owner is strictly prohibited.
Unless authorized by TheSoftware, no one may hyperlink the Website, or portions thereof (including, but not limited to, logos, trademarks, branding, or copyrighted material), to their website or web venue. Additionally, it is strictly prohibited to “frame” the Website or reference its URL in any commercial or non-commercial media without the prior written permission of TheSoftware. You are required to cooperate with the Website in removing or ceasing any such unauthorized content or activity. You acknowledge that you will be held liable for any associated damages.
ALTERATION, REMOVAL, AND ADJUSTMENT
The Website grants us the exclusive authority to modify and/or erase any documents, information, or other content that is displayed.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Downloads from the Website are solely at the visitor’s own risk. TheSoftware does not guarantee the absence of harmful computer codes, such as viruses and worms, in these downloads.
You agree to defend and hold harmless TheSoftware, its parents, subsidiaries, and affiliates, as well as their members, officers, directors, employees, agents, co-branders, and other partners, from any claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party due to or arising out of: (a) your use of the Website, Services, Content, and participation in any Contest; (b) your violation of this Agreement; and/or (c) your infringement of any rights of another person or entity. TheSoftware, its parents, subsidiaries, and/or affiliates, and their officers, directors, members, employees, agents, shareholders, licensors, suppliers, and/or attorneys may directly assert and enforce these provisions against you.
THIRD PARTY WEBSITES
The Website may contain links to other Internet websites and resources, which may be owned and operated by Third Party Providers. It is important to note that TheSoftware has no control over these third party websites and resources. Consequently, you must acknowledge and agree that TheSoftware cannot be held responsible for the availability of these third party websites and resources. Additionally, TheSoftware does not endorse, and is not liable or responsible for any terms and conditions, privacy policies, content, advertising, services, products, or any other materials found on or through these third party websites or resources. Any damages or losses that may arise from accessing or using these third party websites or resources are not the responsibility of TheSoftware.
Engaging in any action to harm, destroy, manipulate, deface, or disrupt the functioning of the Website, whether as a TheSoftware customer or not, is considered a violation of both criminal and civil laws. TheSoftware is committed to diligently pursue all available legal and equitable remedies against any individual or entity found responsible for such actions.