Terms and Conditions

Please read SoftwareVital’s Terms and Conditions agreement (the “Agreement,” “Terms of Service,” or “Terms”) carefully before using our Site. By utilizing our Site, you accept our Privacy Policy and our Site Terms and Conditions and agree to be bound by these Agreements. Your access and use of the Site is expressly conditioned on your agreement to comply with the Terms of Service. By accessing, browsing, or otherwise utilizing our Site, you accept that you have read and allow to be bound by the Terms of Service.

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.

  1. Acceptance of Terms: Using the Site, you consent to this agreement’s terms and any additional rules and guidelines that we post on the Site. We hold the right to add, update, modify, or otherwise modify this agreement at our discretion at any time without notice. Any changes to this agreement will become effective instantly once posted on the Site, as noted by the “Last Updated” above. Please review it constantly, as your continued and consequent use of the Site constitutes acceptance of the Terms and any updates; given, however, absent your express consent, any material modification to this agreement shall not apply retroactively to any claim or disagreement between you and us in connection with this agreement that occurred before the “Last Updated” date applicable to that version of this agreement in which we included such material change. At any time, we may change or terminate all or part of the Site; charge, alter, or waive fees needed to use the Site; or offer opportunities to some or all Site users.
 
  1. Jurisdiction: Our Site is regulated or operated from the United States, and is not meant to subject us to non-U.S. jurisdiction or laws. The Site may not be relevant or available for use in some jurisdictions outside of the United States. In choosing to access the Site, you do so on your initiative and at your own risk, and you are liable for complying with all local laws and rules and regulations. We may restrict the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we determine, at any time and our sole responsibility.
 
  1. Information Submitted Through the Site: Your Submission of information through the Site is directed by the Privacy Policy of the Site (the “Privacy Policy”), which is at this moment incorporated into this Agreement by this reference. You symbolize and warrant that any information you give connected with your usage of the Site shall remain true, correct, and complete and maintain and update such information frequently. Moreover, you acknowledge that if any information you provide is untrue, incorrect, out-of-date, or incomplete, we may cancel your use of the Site.
 
  1. Site Services and Content: The Site gives you with access to some services, such as referrals to products, services, and suppliers that may be of interest to you (the “Site Services”), and to some content given by us or by third parties, such as news and information regarding Site Services in different industries (the “Site Content”). Please particularly note the following about our services and content:

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.

 

 

  1. Submissions: You hold ownership of any content you submit into the Site (each, a “Submission”). We do not claim possession of your Submissions. However, concerning Submissions, you allow the Company Entities the following transferable, perpetual, irrevocable, sub-licensable (through multiple tiers), worldwide, royalty-free and non-exclusive license(s) to utilize, distribute, reproduce, alter, adapt, publicly perform and publicly present and exploit such Submissions on and/or in connection with the Site( featuring your Submissions in promotional and marketing activities and materials related to the Site).

    You signify and guarantee that you have all rights required for you to grant the licenses granted in this section for the Submissions. Such Submission and your provision thereof to and through the Site, comply with all applicable laws, rules, and regulations. Further, to the extent permitted under applicable law, you irrevocably disclaim any “moral rights” or any other rights for attribution of authorship or integrity of materials for each Submission that you may have following any applicable law under any legal theory so that we have all the rights we may require to give the Services available through the Site.

 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.

 

  1. Monitoring: You acknowledge and accept that we own the right (but have no obligation) to do any or all of the following, at our sole discretion: (a) monitor, evaluate, or modify Submissions before or after they appear on the Site; (b) seek to confirm that all rights, consents, releases, and permissions in or relating to such Submission have been obtained by you following your representations above; and (c) refuse, decline or remove any Submission at any time or for any reason (including, without limitation, through the use of automated filtering software or if we decide, at our sole discretion, that you have not obtained all rights, consents, releases, and permissions notwithstanding your representations above). You consent to cooperate with us in our verification or interrogations related to the preceding. We may disclose any Submissions and the circumstances encompassing their transmission to anyone for any reason or purpose, and following our Privacy Policy. If you become conscious of any unlawful, offensive, or objectionable material(s) on the Site, reach us at with your name and address, and the information.

  1. Proprietary Rights: The information and materials made accessible through the Site are and shall remain the property of the company and its licensors and suppliers, and are guarded by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your consent with this Agreement, and solely for so long as you are authorized by us to access and use the Site, you may view one (1) copy of any content on the Site to which we give you access hereunder on any single computer only for your personal, non-commercial home use, given that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by us in writing, you consent not to reproduce, modify, lease, rent, loan, distribute, sell, or create derivative works based (whether in whole or in part) on all or any part of the Site or any materials made available through the Site.

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.

 

 

  1. DISCLAIMERS; LIMITATION OF LIABILITY: THE SITE AND ANY GOODS, SERVICES. CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE WITHIN OR IN CONNECTION WITH THE SITE ARE GIVEN TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. EACH OF THE COMPANY ENTITIES DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, GUARANTEES, RMS, AND CONDITIONS FOR

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).

 

 

  1. Indemnity: Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless the Company Entities, from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation or alleged violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the preceding.

  1. Termination: This Agreement is effective until terminated. At any time and for any reason, we may terminate your access to or use of: (a) the Site, or (b) any files or information associated with your access to the Site. Upon any such termination, your right to utilize the Site will instantly cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. We may immediately deactivate or delete all related information and files associated with your access and/or further access such information or files. You agree that the Company Entities shall not be liable to you or any third party for any termination of your access to the Site or any such information or files, and shall not be needed to create such information or files available to you after any such termination. Sections covering Jurisdiction, Site Services, and Content, Submissions, Monitoring, Proprietary Rights, Third-Party Links, Disclaimers and Limitation of Liability, Indemnity, Termination, Governing Law & Jurisdiction, Claims of Copyright Infringement, Ability to Enter into this Agreement, and Miscellaneous shall survive any expiration or termination of this Agreement.

  1. Governing Law; Jurisdiction: This Agreement is governed by and shall be construed under the State of New York, U.S.A., without regard to its principles of conflicts of law. You agree to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement.

  1. Filtering: Now, we inform you that parental control protections (such as filtering services, computer hardware, software, or) are commercially accessible that may assist you in limiting access to material that can be harmful to minors. Information identifying current providers of such protections is available on OnGuard Online (onguardonline.gov). Please note that we do not promote any of the products or services listed at such sites.

  1. Information or Complaints: If you have a question or complaint regarding the Site or the meaning of this Agreement’s application, please send an email to. Please note that email communications will not necessarily be secure; accordingly, you should not include information that you consider to be confidential or sensitive in your email correspondence with us.

  1. Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet trespasses their rights under U.S. copyright law. If you have good faith that materials available on the Site violate your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must match the then-current statutory requirements imposed by the DMCA. We recommend that you consult your legal advisor prior to submitting a notice or counter-notice.

  2. Ability to Enter Into This Agreement: BY UTIlIZING THE SITE, YOU REPRESENT AND Guarantee THAT YOU ARE EITHER: (A) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Site. To process any requests you make.

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