Terms of Service
Acceptance of Terms
The services that TFPSoft, LLC ("TFPSoft") provides
to you are subject to the following Terms of Service ("TOS"). TFPSoft
reserves the right to update the TOS at any time without notice to you. The
most current version of the TOS can be reviewed by clicking on the
"Terms of Service" hypertext link located at the bottom of our web pages.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE TFPSOFT SITE.
BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE
WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.
Description of Services
Through the tfpsoft.com web site ("web site"), TFPSoft provides
you with access to a variety of resources, including demonstration software, download areas,
communication forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any new
web properties, are subject to the TOS.
This web site may contain other proprietary notices and copyright information, the
terms of which must be observed and followed. Information on this web site may contain
technical inaccuracies or typographical errors.
Information may be changed or updated without notice. TFPSoft may also make
improvements and/or changes in the products and/or the programs described in this
information at any time without notice.
TFPSoft assumes no responsibility regarding the accuracy of the information that
is provided by TFPSoft and use of such information is at the recipient's own risk.
TFPSoft provides no assurances that any reported problems may be resolved with the
use of any information that TFPSoft provides. By furnishing information, TFPSoft
does not grant any licenses to any copyrights, patents or any other intellectual property rights.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER TFPSOFT PROPERTY
EXCEPT AS WE INDICATE IN THESE TERMS.
Changes In Terms and Conditions and Service
We may modify or terminate our services from time to time, for any reason, and
without notice, including the right to terminate with or without notice, without
liability to you, any other user or any third party. We reserve the right to modify
these Terms of Service from time to time without notice. Please review these
Terms of Service from time to time so that you will be apprised of any changes.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal
and non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the Services.
Document-related text and images ("web pages") may be printed or stored
locally for personal or classroom educational use (by accredited educational
institutions) ONLY, provided that the documents are unmodified and all
copyright and other proprietary notices are kept intact. You can not
distribute or transfer the copies to others in exchange for money or other
consideration. Local or classroom copies may not be copied or posted on
any publicly accessible computer network or broadcast in any media. Any
other use or redistribution is strictly prohibited without prior written
permission. Documents specified above do not include the design or layout
of the tfpsoft.com web site. Some elements such as company
logos may be protected by trademark or other laws, and may not be copied
or imitated in whole or in part.
Copyright Notice
Copyright ©TFPSoft, 4736 North 12th Street, Phoenix, Arizona 85014. All rights reserved.
For additional information on use and restriction of use on copyrighted materials,
please read our Copyright Notice.
Privacy and Protection of Personal Information
Please see the Privacy Policy
disclosures relating to the collection and use of your information. While TFPSoft
makes every effort to protect your personal information and privacy, including the use
of security technology such as SSL, we cannot guarantee the security of any information
you disclose online; you make such disclosures at your own risk.
Equipment
TFPSoft is pleased to give you access to this site free of charge.
However, in order to access the Services, you will need to establish an
account with an Internet service provider. You will also need equipment to
access the Services, including a computer, modem or other communication device.
You are responsible for obtaining and maintaining all hardware, software, and
other equipment or services required to access the site and use the Services.
TFPSoft is not responsible for any of these costs.
Submission Policy
TFPSoft or any of its employees do not accept or
consider unsolicited ideas, including but not limited to
ideas for new advertising campaigns, new promotions,
new products or technologies, processes, materials,
marketing plans, or new product names or ideas. Please
do not send original or creative artwork, samples, demos
or other materials. The purpose of this policy is to
avoid potential misunderstandings or disputes when
TFPSoft's products or marketing strategies might
seem similar to ideas submitted to TFPSoft.
TFPSoft makes no guarantee that any such information
or material sent will be treated as confidential or proprietary.
If, despite our request, you send us creative suggestions, ideas,
notes, drawings, concepts, demos, code fragments, or other information
(collectively, the "Submissions"), the Submissions shall be deemed, and
shall remain, the property of TFPSoft. By sending TFPSoft any
information or material, you grant TFPSoft an unrestricted, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute
those materials or information, and you also agree that TFPSoft is free
to use any ideas, concepts, know-how or techniques that you send us for any
purpose whatsoever, without compensation to the provider of the Submissions.
Global Availability
Information TFPSoft publishes on the World Wide Web may contain
references or cross references to TFPSoft products, programs and
services that are not announced or available in your area. Such references
do not imply that TFPSoft intends to announce such products, programs
or services in your area. Please consult with our
customer service
team for information regarding the products, programs and services which may be available to you.
The TFPSoft web site is controlled and operated by TFPSoft
from its U.S. offices in the State of Arizona. We make no representation that
materials on the TFPSoft site are appropriate or available for use in any
particular location. Those who choose to access the TFPSoft site do so on
their own initiative and are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Software from this site is further subject to United States export controls, unless
explicitly specified otherwise. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident of) any country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country or
on any such list.
TFPSoft's obligations with respect to its products and services
are governed solely by the agreements under which they are provided. If you
obtain a product or service from TFPSoft off this web site that is
provided without an agreement, that product or service is provided "AS-IS"
with no warranties whatsoever, express or implied, and your use of that
product or service is at your own risk.
Content Linked to by TFPSoft
Any sites linked to by TFPSoft are developed by organizations or entities
over whom TFPSoft exercises no control. TFPSoft cannot be held
responsible for the accuracy, relevancy, copyright compliance, legality,
or decency of material contained in sites. This includes links from advertisers,
sponsors, and content partners that may use our logo(s) as part of a co-branding
agreement. These other sites may send their own cookies to users, collect data,
solicit personal information, contain malicious software or contain information that
you may find inappropriate or offensive. TFPSoft is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by TFPSoft of the site. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
We reserve the right to disable links from third-party sites
to the TFPSoft site.
Accounts, Passwords and Security
If any of the Services requires you to open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password and
a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under
your account.
You agree to notify TFPSoft immediately of any unauthorized use
of your account or any other breach of security. TFPSoft will
not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by TFPSoft or
another party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission
of the account holder.
You hereby indemnify, defend, and hold us and our affiliates and our
officers, directors, owners, agents, information providers, affiliates,
licensors, and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liabilities and costs (including reasonable
attorneys' fees') incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement or claims arising
from your account. You shall use your best efforts to cooperate with us in
the defense of any claim. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you.
TFPSoft cares about the safety of our younger visitors. In order to protect
their privacy, children under the age of 13 are not permitted to hold an account
with TFPSoft.
User Conduct
Users visiting the TFPSoft web site and Services are expected to behave
in a lawful, responsible manner that respects the rights and enjoyment of others.
The Services may contain message forums, chat areas or other communication services.
You agree to use the communication services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular
communication service.
You may only use the Services for legal purposes and you may not use the Services in any way
whatsoever that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable law or regulation. For example, you may not use the Services to send,
post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or
information, including another person's proprietary information (including trademarks, trade secrets,
or copyrighted information) without express authorization from the rights holder. Additionally,
you may not use the Services to collect or harvest personal information, including Internet
addresses, about other users of the Services or use the Services to send any messages or material
that are harassing, offensive, racially offensive, discriminating, abusive, threatening, harmful,
embarrassing, vulgar, cause distress or are otherwise objectionable. You may use the Services for
private personal purposes only. You may not use the Services for advertising, chain letters,
junk mail, "spamming", solicitations (commercial or non-commercial) any other type of unsolicited
communication (whether commercial or informational) or any use of distribution lists. You further
agree not to send or deliver viruses, Trojan horses or other harmful, disruptive, or destructive
files. TFPSoft reserves the right to terminate any user's account if TFPSoft becomes
aware and determines, in its sole discretion, that such user is violating any of the foregoing
guidelines. In addition, you may not use or attempt to use another person's or entity's account,
service or system without authorization from the owner, nor will you interfere with the security
of, or otherwise abuse, the Services, system resources or accounts, or any network or
another user's use or enjoyment of the Services. TFPSoft reserves the right, but is not
obligated to employ, blocking or filtering software or other monitoring devices or techniques
if deemed necessary or reasonable.
TFPSoft reserves the right to terminate your access to any or all Services at any time,
without notice, for any reason whatsoever.
Copyright Infringement
In order to be compliant with the Digital Millennium Copyright Act
and other copyright laws, TFPSoft may be required to remove or disable access to material claimed to be the
subject of infringing activity. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact the address below for more information on how to file a complaint:
TFPSoft
ATTN: Webmaster
4736 North 12th Street
Phoenix, Arizona 85014
Monitoring
TFPSoft shall have the right, but not the obligation, to monitor the content of
the Services, including chat rooms and message forums. TFPSoft shall have the right
in its sole discretion to edit, refuse to post or remove any material in whole or in part
submitted to or posted on any TFPSoft Service for any reason whatsoever.
While it is TFPSoft's policy to respect the privacy of all visitors, TFPSoft
reserves the right at all times to disclose any information as TFPSoft deems necessary
to satisfy any applicable law, regulation, legal process or governmental request, or to
act in an emergency to protect the safety of our visitors or the public. Users shall remain
solely responsible for the content of their messages.
Termination
These Terms are effective until terminated by either party. You may terminate these Terms
at any time by discontinuing use of the Services provided by TFPSoft. TFPSoft
can also change these Terms at any time, without notice, and your continued use
of the Services after any change constitutes agreement with the changes.
TFPSoft reserves the right to terminate this Agreement and/or your access to any
or all Services at any time, without notice, for any reason whatsoever.
Disclaimer of Warranties and Limitation of Liability
TFPSoft disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of information or material
displayed. TFPSoft disclaims any responsibility for any harm resulting from downloading
or accessing any information or material available via the TFPSoft web site, or via any
site hyperlinked to or by the TFPSoft web site.
You agree to defend, indemnify and hold harmless TFPSoft, its affiliates and their
respective directors, officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of TFPSoft Services.
IN NO EVENT WILL TFPSOFT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, MISUSE OF SERVICES, INFORMATION AVAILABLE
FROM THE SERVICES, OR ON ANY OTHER HYPER LINKED WEB SITE, WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM
OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO WARRANTY OF
ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TFPSOFT SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE TFPSOFT SERVICES, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE TFPSOFT SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE TFPSOFT SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE TFPSOFT
SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO,
THE TFPSOFT SERVICES.
ALL INFORMATION, GRAPHICS, SOFTWARE AND OTHER MATERIAL PROVIDED BY TFPSOFT ON AN "AS IS"
AND "WHERE AVAILABLE" BASIS ONLY, WITHOUT WARRANTY OF ANY KIND. TFPSOFT PROVIDES NO REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NONINFRINGEMENT. TFPSOFT DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TFPSOFT DISCLAIMS ANY WARRANTIES FOR
ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. TFPSOFT DISCLAIMS ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TFPSOFT WEB SITE SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED BY THE TFPSOFT WEB SITE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY LINKS PROVIDED IN THE TFPSOFT WEB SITE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF
THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
YOU SPECIFICALLY ACKNOWLEDGE THAT TFPSOFT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TFPSOFT AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
AND/OR RELEASE DATE(S) DESCRIBED HEREIN AT ANY TIME.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
Notice Specific to Software Available on this Web Site
This site may contain computer software. Any software that is made available to
download is subject to its own copyright and other legal policies and restrictions,
which accompanies or is included with the software, and may differ from or
exceed the terms of this web site. Use of the software is governed by the terms of
the end user license agreement, if any, which also accompanies or is included with
the software. Any reproduction or redistribution of the software not in accordance
with the license agreement is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
SOME SOFTWARE CONTAINS LICENSE AGREEMENTS THAT EXPLICITLY ALLOW CERTAIN FORMS OF
DISTRIBUTION. FOR DETAILS ON REDISTRIBUTION RIGHTS AND RESTRICTIONS, PLEASE SEE
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TFPSOFT HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IF YOU OBTAIN A PRODUCT OR SERVICE FROM TFPSOFT THAT IS PROVIDED
WITHOUT AN AGREEMENT, THAT PRODUCT OR SERVICE IS PROVIDED "AS-IS" WITH NO WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED, AND YOUR USE OF THAT PRODUCT OR SERVICE IS AT YOUR OWN RISK.
Jurisdiction and Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona,
without giving effect to its conflict of laws provisions or your actual state or country of residence. If for
any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be
unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A., regarding
any and all disputes relating to these Terms, your use of any TFPSoft web site or Services.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only
if in writing and signed by TFPSoft. The section headings used herein are for convenience only
and shall not be given any legal import.
Any rights not expressly granted herein are reserved.
Contact Information
If you have any questions about this Terms of Service Agreement, please contact:
TFPSoft
ATTN: Webmaster
4736 North 12th Street
Phoenix, Arizona 85014
Or contact us online.
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