The Terms of Service Agreement is a legal contract between you (“you”), and SoftwareVital (“Company,” “we,” “us,” or “our”) concerning your use of the website owned and regulated by us from which you are accessing this Agreement (together with any successor site(s), and all Site Services and Site Content, the “Site”), and succeeds all prior or contemporaneous agreements, representations, guarantees, and recognition to this Site, the Site Content, Site Services, and the subject matter of this Agreement.
Services. SoftwareVital is not a service provider or seller and does not trade any of the products or services displayed on the Site. We may give Site users the opportunity to submit requests for knowledge on a wide variety of products and services offered by certain service providers (each such service provider, a “Service Provider”; each such request, a “Request”).
We can not ensure that these Service Providers will provide information for every Request received or that the Service Providers who acknowledge your request can meet all of your necessities. We may refuse any Request and/or elect not to forward a Request to participating Service Providers, at our sole discretion. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to Third Parties, including any Service Providers. If any Service Provider(s) wishes to give information to you in connection with your request, you will be contacted about the offerings and related pricing. We request that the Service Providers make contact with you via the preferred medium that you have listed, but this does not prevent such Service Providers from contacting you by any other means that they deem appropriate.
In working with Service Providers, we endeavor to work with reliable and professional clients; however, we firmly recommend that you perform your due diligence on each potential Service Provider before choosing or entering any agreement or arrangement with any particular Service Provider. Once we refer your request to the Service Providers in the Service Provider network, we have no further involvement or responsibility in any transactions between you and the Service Provider(s). We are not accountable or liable for ANY financial losses incurred in any such transactions or Service Provider’s acts or omissions (including, without limitation, concerning any quotes or services that any such Service Provider may give, for such Service Provider’s contact or delay or failure to contact you, for such Service Provider’s performance or failure to act, or for any agreement or transaction between you and any such Service Provider.
Content. SoftwareVital gives any such Site Content only for your convenience and informational purposes, and such Site Content is not meant as a substitute for professional or financial advice; should not be defined as the provision of advice or recommendations; and should not be relied upon as the basis for any decision or action, including without limitation, the diagnosis or treatment of any health problem, the eligibility for or suitability of any benefit or service, or the making of a financial decision.
We are not accountable for any Site Content’s accuracy or authenticity or incurred while following the information presented here. The information and features incorporated in this Site have been collected from various sources for informational purposes and are subject to alteration without notice. This Site and all information it holds are provided “AS IS.”
By accessing or linking to this Site, you consider the risk that the information on this Site may be inadequate, incorrect, out of date, or may not satisfy your needs and requirements. You have to evaluate the accuracy, completeness, or utility of any Site Content available through the Site. The relationship among you and us is not professional or similar; always seek a qualified professional’s advice to any questions you may have and never ignore professional advice or delay in seeking it because of something you have read on the Site. We neither endorse nor sponsor any specific products, opinions, or other Site Content that may be made accessible through or stated on the Site.
Site Content may be given by our employees as well as by third parties. Please note that third parties may post messages, give materials, or make incorrect, misleading, or unreliable statements. We, our affiliates, and our and their employees, officers, directors, agents, representatives, licensors, suppliers, and service providers (collectively with us, the “Company Entities”) do not guarantee. We are not liable or accountable for any Site Content, or any opinion, advice, information, or statements in such Site Content, or your use of any Site Content. Under no conditions will the Company Entities be responsible for any loss or damage caused by your faith in Site Content or any results achieved using any such Site Content. The opinions stated in the Company Entities reflect solely the individuals who submitted such opinions and may not reflect our opinions. Your use of the Site and reliance on any Site Content is entirely at your own risk.
Additionally, you accept and agree that you (and not the company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and utilize the Site and paying all charges related to it.
Also, the Company Entities have no control over. They shall have no accountability for any losses resulting from the usage ( involving without limitation republication) or misuse by any third party of information deliberately made public through any other part of the website. If you want to make any of your personally identifiable or other information publicly available in a Submission, you do so at your risk.
The company reserves all trademarks and service marks and any associated logos of the company. All trademarks and service marks on the Site not owned by us are their respective owners’ property. The trade names, trademarks, and service marks owned by the company, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any way that is likely to confuse. Nothing included on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks, or service marks without the express previous written consent of the owner of such trade names, trademarks, or service marks.
9.External / Third-Party Links: The Site may give links to other websites and online resources. Because we have no authority over such sites and resources, you acknowledge and accept that the Company Entities are not accountable for the availability of such external sites or resources. The Company Entities neither sponsor nor are responsible or liable for any content, advertisement, products, or other materials on or available through such sites or resources. Moreover, other web sites may give links to the Site with or without our authorization. You acknowledge and accept that the Company Entities do not support such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, promotion, products, or other materials available on or through such other sites, or any loss or damages incurred in connection in addition to that.
You agree that your use of Third Party websites and resources, including and without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such website and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
We shall have the right, but not the obligation, at any time and in our sole discretion, to block links from and to the Site through technological or other means without prior notice.
THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS (INCLUDING WITHOUT LIMITATION, THIRD-PARTY GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS) MADE AVAILABLE BY THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NON INFRINGEMENT, AND TITLE. WE AND THE OTHER COMPANY ENTITIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) IS OR WILL BE RIGHT,
COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE. YOU WITH THIS AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) REQUIRED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE OR SERVICES THAT YOU USE WILL WORK CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
NONE OF THE COMPANY ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY ANY OF THE COMPANY ENTITIES OR BY ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, Third Parties may make unauthorized alterations to the Site. If you become aware of any unauthorized Third Party alteration to the Site, please contact us at a description of the material(s) at issue and the URL or location of such material(s).