Terms


ACCEPTANCE OF TERMS OF USE

THIS AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND THE SERVICE ("OUR," "US," "WE") REGARDING YOUR ACCESS TO AND USE OF THE WEB SITE (“THE SITE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PURCHASE.  BY ACCESSING THE SITE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THIS LEGAL NOTICE.

MODIFICATION

The Site reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your binding acceptance to follow and be bound by the terms and conditions as changed.

THE SERVICE

The fee assessed by The Site entitles You to access the location, evaluation, and or recommendation of software products available from the website and for the installation and technical support provided. With unlimited downloads, the service makes no download speed performance guarantees or the availability of specific files for download. You are responsible for obtaining and maintaining all computer hardware, software, firewall configurations and communications equipment needed to access the Service. The network contains non–copyrighted and copyrighted material. Material is available for download authorized by artists for non–commercial use, including content with Creative Commons format licenses. The purchase of a membership is not a license to download copyrighted material. Sharing copyrighted material may subject you to civil or criminal liability. We urge you to respect copyrights. For more information about copyrights visit www.copyright.gov

TECHNOLOGICAL AND USE LIMITATIONS

The Site will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary service interruptions.  The Site also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice.  You agree that The Site shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.

YOUR CONDUCT

You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (b) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of anothers privacy, libelous and/or otherwise objectionable; (c) infringes any third partys intellectual property; or (d) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree that you will not transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party and agree to indemnify and hold harmless The Site from their claims if you do.

SUPPORT

Subject to the terms hereof, The Site will provide you with email support services for the Service and associated software. Under no circumstances will The Site have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or phone support.

INTELLECTUAL PROPERTY RIGHTS

The Site makes no claim to ownership or other control or rights to any software recommended by the Service. None of the fee entitles You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees.

PAYMENT

Your account will be considered delinquent if your credit card company or bank refuses for any reason to pay the amount billed to it. Disputing a charge does not release You from a legally binding contract. You agree to pay all collection agency costs to collect any past due amounts. The collection agency will add $55.00 to any unpaid bills and the delinquent account will appear on your credit report. A late payment charge of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is lower) will be added to your bill.

REFUNDS

If you purchased the software on CD-ROM it can be returned within 30 days. Electronic download purchases cannot be returned and are not refundable.

TERMINATION

You agree that The Site, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if The Site believes that you have violated or acted inconsistently with the Agreement.  The Site may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.  You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that The Site may immediately deactivate or delete your account and/or bar any further access to the Service. Termination shall not relieve you of any obligations to pay accrued charges.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.  WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE  SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

LIMITATION OF LIABILITY

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

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