Terms of Service
Effective Date: March 1, 2022
The Site is controlled and operated by Softex or its subsidiaries or affiliates from its offices within the United States. Softex makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
I. Terms of Purchase and Sale
II. License and Use Restrictions
III. Use of Communities and Public Communication
“Community” means a discussion group, chat area, bulletin board, news group, letter to Softex its webmaster or employees, or e-mail function offered as part of the Site. All use of a Forum must comply with the terms and conditions.
IV. U.S. Government Restricted Rights
In addition to the restrictions on use provided above, the materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by any federal, state or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgment of Softex’s proprietary rights in them.
V. Copyright Information
The materials and information contained on the Site, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to Softex or the original creator and is protected by applicable law, including, but not limited to, United States and international copyright law and regulations.
The Site and all information and material contained on the Site or made available through the Site are provided on an “as is” and “as available” basis. Any software made available on the Site is warranted, if at all, only according to the additional terms and conditions that accompany the software. Softex makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, noninfringement or operation. Softex does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.
VII. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOFTEX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF SOFTEX OR A SOFTEX-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
X. Export Controls/Legal Compliance
None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or 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, installing or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
XI. Our Transmissions
XII. Hyperlink Disclaimers
As a convenience to you, the Site may provide links to other websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Softex. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored or endorsed by Softex. Softex does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that Softex or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Softex or any of its affiliates or subsidiaries. Softex is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.
XIII. Governing Law
You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of Texas without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas.
XIV. Term of Use Revisions