Softdava Website Terms and Conditions
1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of the Softdava Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Softdava LLC) form a binding agreement between you and Softdava LLC ("Softdava"). Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"Softdava Web Site" or the "Site" includes www.softdava.com in its entirely and its related sites owned or operated by Softdava LLC, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of the Site.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Information" refers to any posting to the Site, whether uploaded files or contact details.
"Services" means any services provided on the Site by Softdava or its agents.
"User" refers to any individual or entity who uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site.
4.1 General Use Rules. You may use this Site only for lawful purposes within the stated context of Softdava's intended and acceptable use of the Site. Softdava is the sole interpreter of the Site’s intended and acceptable use.
4.2 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.
4.3 House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of Softdava or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Softdava reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Softdava", the Softdava design logo and certain other names or logos are service marks or trademarks of Softdava, and all related product and service names, design marks and slogans are the service marks or trademarks of Softdava. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Softdava's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6. Disclaimers and Limitations on Softdava's Liability.
6.1 Allocation of Responsibility. Softdava assumes no responsibility for Information posted by Users and no responsibility for the activities, omissions or other conduct of Users.
6.2 No endorsements by Softdava. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, or otherwise.
6.3 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SOFTDAVA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SOFTDAVA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) SOFTDAVA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SOFTDAVA IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Softdava makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL SOFTDAVA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOFTDAVA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Due to the nature of these Terms and Conditions, in addition to money damages, Softdava will be entitled to equitable relief upon a breach of these Terms and Conditions by you.
7. Links to Other Sites. Softdava contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Softdava of the contents on such third-party Web sites. Softdava is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
8. Amendments to this Agreement and Changes to Site. Softdava may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on they date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Softdava unless Softdava agrees to them in a signed writing specifically including those new or different terms. Softdava may change the Site at any time.
9. Indemnity. You agree to defend, indemnify, and hold harmless Softdava (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Information posted by you, or your breach of these Terms and Conditions. Softdava shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
10. User Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through Softdava’s on-line operations only. In addition, Softdava reserves the right to comply, in its sole discretion, with legal requirements.
11. Questions and Notices. Use our Contact page to direct questions concerning the use of the Site. Notices shall be sent, for Softdava, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Softdava reasonably determines is an appropriate address for you.
12. General. Softdava contact information is listed on the Site. Softdava makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Softdava from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in the State of Washington. You and Softdava sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Softdava in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and Softdava.
Exhibit A - Rules regarding Posting, Conduct and Security
Softdava is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Softdava's discretion. Softdava reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Information may not contain: (i) URLs or links to Web sites ; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Information(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Softdava is under no obligation to monitor the Information posted on the Site, but it may monitor Information at random. Information found to violate the above Posting Rules may be removed at Softdava's discretion.
A2. Conduct Rules:
(a) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Softdava immediately of any unauthorized use of your registration and password.
(b) Use our Contact page to report inappropriate postings or conduct.
(c) You may not delete or revise any material posted by any other person or entity.
(d) Softdava is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. Softdava will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.