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Be sure to read the Terms of Service below, as they cover the terms and
conditions that apply to your use of the TPISoft.com site, including any
content or services accessible through such site (referred to as the
"Service"). TPI Software may change the Terms of Service from time to time. By
continuing to use the Service following such modifications, you agree to be
bound by such modifications to the Terms of Service. The use by you of any
content or services accessible through the Service may be subject to your
acceptance of separate agreements with TPI Software or third parties.
General Terms and Conditions -You acknowledge and agree that
you must: (a) provide for your own access to the World Wide Web and pay any
service fees associated with such access, and (b) provide all equipment
necessary for you to make such connection to the World Wide Web, including a
computer and modem.
You agree that use of the Service, including any applets, software, content and
services accessible therein, is entirely at your own risk. The service is
provided "as is," without warranty of any kind, either express or implied, and
TPI Software and its suppliers disclaim any and all warranties, including, but
not limited to: (1) any warranties concerning access to the service, the
availability, accuracy, usefulness of content, products or services and (2) any
warranties of title, warranty of non-infringement, warranties of
merchantability or fitness for a particular purpose. TPI Software does not
warrant that the service is free from bugs, viruses, errors, or other program
limitations nor does TPI Software warrant access to the Internet or to any
other service or content through the service. The entire liability of TPI
Software and its representatives (as defined below) for any reason shall be
limited to the amount paid by the customer for the related services or content
purchased from TPI Software, its authorized reseller or its service providers.
To the maximum extent permitted by applicable law, TPI Software and its
subsidiaries, affiliates, licensors, participating financial institutions,
third-party content or service providers, distributors, dealers or suppliers
("representatives") are not liable for any indirect, special, incidental, or
consequential damages (including, but not limited to: damages for loss of
business, loss of profits or investment, or the like), whether based on breach
of contract, breach of warranty, tort (including negligence), product liability
or otherwise, even if TPI Software or its representatives have been advised of
the possibility of such damages, and even if a remedy set forth herein is found
to have failed of its essential purpose. Some states do not allow the
limitation and/or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you. The
limitations of damages set forth above are fundamental elements of the basis of
the bargain between TPI Software and you. TPI Software would not be able to
have provided this service to you without such limitations.
TPI Software is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing at this Web site, and is the copyright
owner or licensee of the content and/or information on this Web site including
but not limited to any screens appearing at the site. You may not download
and/or save a copy of any of the screens except as otherwise provided in these
Terms of Service, for any purpose. However, you may print a copy of the
information on this site for your personal use or records. If you make other
use of this site, except as otherwise provided above, you may violate copyright
and other laws of the United States, other countries, as well as applicable
state laws and may be subject to penalties. TPI Software does not grant any
license or other authorization to any user of its trademarks, registered
trademarks, service marks, or other copyrightable material or other
intellectual property, by placing them on this Web site.
TPI Software reserves the right, without prior notice, to change any information
on this Service, including but not limited to, the features, services or other
information. Clicking on certain links within this Web site might take you to
other Web sites for which TPI Software assumes no responsibility of any kind
for the content availability or otherwise. (See "Third-Party Links From and To
Service" below.) The content presented at this site may vary depending upon
your browser limitations.
User Conduct On the Service - While using the Web site, you may
not:
Restrict or inhibit any other user from using and enjoying the Service; Post or
transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, hateful, offensive, or otherwise objectionable
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local, state, national
or foreign law, including without limitation the U.S. export control laws and
regulations; or Post or transmit any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities or schemes or other
unsolicited commercial communication (except as otherwise expressly permitted
by TPI Software) or engage in spamming or flooding; or Post or transmit any
information or software which contains a virus, trojan horse, worm or other
harmful component; or Post, publish, transmit, reproduce, distribute or in any
way exploit any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by the
provider of such information, software or other material); or Post, publish,
transmit, reproduce, or distribute in any way, information, software or other
material obtained through the Service which is protected by copyright, or other
proprietary right, or derivative works with respect thereto, without obtaining
permission of the copyright owner or rightholder; or Upload, post, publish,
reproduce, transmit or distribute in any way any component of the Service
itself or derivative works with respect thereto, as the Service is copyrighted
as a collective work under U.S. copyright laws.
TPI Software has no obligation to monitor the Service. However, you acknowledge
and agree that TPI Software has the right to monitor the Service electronically
from time to time and to disclose any information as necessary or appropriate
to satisfy any law, regulation or other governmental request, to operate the
Service properly, or to protect itself or its subscribers. TPI Software will
not intentionally monitor or disclose any private electronic-mail message
unless required by law. TPI Software reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, inappropriate or in violation of
these Terms of Service.
Third Party Links From and To Service - You acknowledge and
agree that TPI Software has no responsibility for the accuracy or availability
of information or services provided by third party linked sites. Links to such
sites do not constitute an endorsement by TPI Software of such sites or the
content, services, products, advertising or other materials presented on such
sites.
Information in the many Web pages that are linked to the Service comes from a
variety of sources. Some of this information comes from official TPI Software
licensees, but some may come from unofficial or unaffiliated organizations and
individuals, both internal and external to TPI Software. TPI Software does not
author, edit, or monitor these unofficial pages or links. You acknowledge and
agree that TPI Software shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, services, products
advertising or other materials available on such sites.
Other Information - If you wish to make purchases through the
Service, you may be asked by the merchant or information or service provider
from whom you are making the purchase to supply certain information, including
credit card or other payment mechanism information. You agree not to hold TPI
Software liable for any loss or damage of any sort incurred as a result of any
such dealings with any merchant or information or service provider through the
Service. You agree that all information you provide any merchant or information
or service provider through the Service for purposes of making purchases will
be accurate, complete and current. The merchants and information and service
providers offering merchandise, information and services through the Service
set their own prices and may change prices or institute new prices at any time.
You agree to pay all charges incurred by users of your account and credit card
or other payment mechanism at the prices in effect when such charges are
incurred. You also will be responsible for paying any applicable taxes relating
to purchases through the Service.
Banking, Billing or Other Online Services - Access to Online Banking, Online
Payment, and any other financial services available through the Internet and
selected TPI Software products (the "Online Service") is provided by your
financial institution and not TPI Software. You agree not to hold TPI Software
liable for any loss or damage of any sort incurred as a result of any such
dealings with any services provided by your financial institution. Your access
may be limited from time to time, depending on the service provided by your
Internet service provider or your financial institution. You may be billed for
these Online Services by your financial institution, not TPI Software, and such
financial institution may have its own service agreement which will govern the
Online Services it provides. You agree to be responsible for all telephone
charges associated with your Internet and online service usage.
Miscellaneous - The Terms of Service and the relationship
between you and TPI Software shall be governed by the laws of the State of
Washington without regard to its conflict of law provisions. You and TPI
Software agree to submit to the personal and exclusive jurisdiction of the
courts located within the state of Washington. The failure of TPI Software to
exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. If any provision of the Terms
of Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms of Service remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be forever
barred.
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