Terms of Use
General
This Web site (www.smb-soft.com and sub domains) is provided to you by SMB-Soft.com. Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please, review them carefully. If you do not agree to the terms, do not use this Web site.
Right to Amend
SMB-Soft.com has the right to amend these Terms of Use at any time. Any amendment will become effective when it is posted on the Web site.
Intellectual Property
The copyright in this entire Web site is held by SMB-Soft.com. All material provided on this Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Web site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of SMB-Soft.com. Individual visitors of this Web site are permitted to download or print one copy of material published on this Web site solely for their personal, non-commercial use, provided that they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. SMB-Soft.com does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret laws. The trademarks, logos and service marks (collectively referred to as "Trademarks") displayed on this Web site are claimed by SMB-Soft.com and no trademark license, either express or implied, is granted by SMB-Soft.com. You do not have any right to use any Trademark or Service Mark displayed on this Web site except as expressly provided under the doctrine of Fair Use without the prior written permission of SMB-Soft.com. Trademarks are one of our most valuable business assets. In the event of unauthorized use or misuse of its Trademarks, SMB-Soft.com will pursue its legal remedies without delay.
Legal
Please be advised that neither SMB-Soft.com, nor any affiliated persons or entities is in a position to investigate, censor or otherwise ensure the accuracy of any comments, remarks or other information and content ("Content") posted or generated by users of this Web site, and therefore is not responsible in any way for such Content provided by users or other third parties. To the contrary, many of the users are of unknown identity and have no relationship with SMB-Soft.com. Therefore, Neputation expressly disclaims, on behalf of itself and any affiliated persons or entities, any guarantee, warranty, other representations or responsibility with respect to the veracity, genuineness, completeness or lawfulness otherwise of any Content provided by non-employees of SMB-Soft.com. SMB-Soft.com further expressly disclaims, on behalf of itself and any related persons or entities, any guarantee, warranty, other representations or responsibility with respect to such user or third party Content as related to, among other things, intellectual property rights, copyright or trademark infringement, defamation, libel, slander, invasion of privacy or criminal or tortuous activities otherwise. Accordingly, SMB-Soft.com does not assume (but expressly disclaims), on behalf of itself and any affiliated persons or entities, any liability of any kind for any alleged direct or consequential injury or damages arising from, or relating to in any way, the Content provided by users or other third parties or their activities otherwise, including, without limitation, any alleged liability under any federal or state criminal or civil laws (including provisions of the Communications Decency Act). Each of this Web site's users and third parties acknowledge, by usage of this Web site, that he/she/it is solely responsible and liable for his/her/its Content, and neither SMB-Soft.com nor any affiliated persons or entities is the guarantor or indemnitor of any such party.
For clarity, you retain all of your ownership rights in the Content that you submit to our website. However, by submitting Content to SMB-Soft.com, you hereby grant SMB-Soft.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the SMB-Soft.com Website and business, including without limitation for promoting and redistributing part or all of the SMB-Soft.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SMB-Soft.com Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete your Submissions from the SMB-Soft.com Service. You understand and agree, however, that SMB-Soft.com may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in Content are perpetual and irrevocable.
Except on the express written agreement of SMB-Soft.com, any Content or other information submitted to this Web site by users or other third parties shall be treated by SMB-Soft.com as non-confidential, non-proprietary and subject to disclosure and usage for any purpose as SMB-Soft.com deems fit in its absolute discretion. Notwithstanding the foregoing, SMB-Soft.com shall reasonably endeavor to maintain personal information of users in accordance with its privacy policy.
Sponsor Links
Certain links on our website such as various product advertisements or bargain or coupon deals link to third party sites. When you click on certain links, you may be visiting a third party advertiser website in the current browser window or in a new browser window.
Disclaimer
THE INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMB-Soft.com SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE.
SMB-Soft.com is constantly improving its products and services and reserves the right to make such improvements or changes to this Web site, the materials, products, services or prices posted in this Web site without prior notice as it deems necessary.
As a convenience to you, SMB-Soft.com may provide links to Web sites operated by others. SMB-Soft.com makes no representations about Web sites accessed from this Web site which are not maintained, controlled or created by SMB-Soft.com and does not endorse any linked Web sites or the information appearing thereon. Links do not imply that SMB-Soft.com is affiliated with or associated with such linked Web sites, their owners or operators, or any related companies.
Indemnity
You agree to indemnify, hold harmless, and defend SMB-Soft.com, it subsidiaries, affiliates, or any related companies (including those which share substantially common ownership), and its officers, directors, members, managers, employees, agents, insurers, and representatives of any of them (collectively the "Release Parties") from any or all claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and liabilities whatsoever, at law or in equity, arising from or in any way resulting from any comments you post on this Web site or otherwise resulting from your use of this Web site.
No Agency
You and SMB-Soft.com are independent contractors, and no agency, partnership, joint venture, employee/employer or franchiser/franchisee relationship shall be deemed to exist, or is intended to exist by this Agreement.
Dispute Resolution
You agree that in the event a dispute arises concerning your use of Neputation, or any other product or service offered by SMB-Soft.com, that such dispute shall be resolved via an arbitration process. Unless the parties specifically agree otherwise in writing, such arbitration shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Further, you agree that any such arbitration shall be settled on an individual basis, and unless the parties agree otherwise in writing shall not be consolidated in any arbitration or suit with any claim or controversy of another party. You agree that all arbitration proceedings will be conducted in Farifax, VA. You further agree that any interim or preliminary relief sought shall be brought in a court of competent jurisdiction in Fairfax County, VA.
Choice of Law
You agree that any dispute arising under this Agreement shall be governed by the laws of the state of Virginia.
No Guarantee of Continuous Use
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be stopped due to factors outside our control.
Survival
In the event one part of this Agreement is found to be invalid, the other provisions shall remain valid and enforceable.
Agreement
Your use of this Web site signifies your agreement to be bound by the terms of this Agreement.
Contact SMB-Soft.com
You can direct any questions concerning these Terms and Conditions by using "Contact Us" form from SMB-Soft.com.
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