By visiting or using the TmaxSoft Website (as defined in its Privacy Policy here) in any way, you are entering into an agreement with TmaxSoft, Inc. and its Affiliates (“TmaxSoft”) to be bound by the then-current version of these Terms and Conditions, which includes the Privacy Policy. By accessing the Website, you acknowledge acceptance of these Terms and Conditions and you agree to be bound by all applicable laws. TmaxSoft has the right, in its sole discretion, to revise these Terms and Conditions at any time.
1. General Use Restrictions
Except as expressly stated herein, no part of this Website, including without limitation all of the data, information, text, images, logos, graphics, sounds, icons, and other content contained on this Website (including software and transmissions to this Website), and the copyrights and other intellectual property rights therein (collectively, the “Information”) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of TmaxSoft. You also may not, without TmaxSoft’s prior express written permission, “mirror” any part of this Website or any information contained in this Website on any other server. Nothing on this Website shall be construed as conferring any license of any of TmaxSoft’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
You may review, download, and/or print the content of this Website, provided that: (a) you may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this Website on your own or any other web site; (b) you maintain any and all copyright notices and other notices or statements of proprietary rights appearing with such Information; (c) the use of such Information is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media; and (d) you do not make any other use of the Information except as provided in these Terms and Conditions. Any copying, modification, distribution or transmission, display, or use outside the scope permitted by these Terms and Conditions infringes TmaxSoft’s copyrights, copyrights licensed to TmaxSoft, and/or other intellectual property rights owned by or licensed to TmaxSoft. If you download software or other Information from this Website, TmaxSoft owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. TmaxSoft has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other web site that you access from this Website.
The trademarks or service marks contained in this Website are the property of TmaxSoft or third parties. You may not use any of these trademarks or service marks in any way. For example, you may not use any such marks as links to this Website from other web sites, or as machine-readable search terms. Products, methods, and processes described on this Website may be covered by United States or foreign patents and/or other intellectual property rights.
2. Third-Party Content
Information provided to this Website by third parties, if any, has not been independently authenticated in whole or in part by TmaxSoft. TmaxSoft does not provide, sell, license, or lease any products or services other than products and services specifically identified as being provided by TmaxSoft. TmaxSoft is committed to respecting the intellectual property rights of others, and we ask users of this Website to do the same. TmaxSoft may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate the intellectual property rights of TmaxSoft or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately.
3. Links to Third-Party Websites
Links to other websites from this Website have been provided for your convenience only. TmaxSoft does not endorse, sponsor, or approve any of the content of such websites. TmaxSoft has no control over any of the websites that you may access through this Website, and is not responsible for the content or accuracy of the content of any such websites. If you access any other website through this Website, you do so at your own risk.
4. Changes to Website
TmaxSoft reserves the right to change or discontinue at any time, without notice, any products or services described on this Website, or the availability thereof. TmaxSoft may make improvements and/or changes in the products and services described on this Website at any time without notice. This Website could include inaccuracies or typographical errors. TmaxSoft shall have no liability to any user of the Website in the event a product or service is incorrectly described due to typographical or clerical error.
5. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, TMAXSOFT MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY OF THE CONTENT OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION INCLUDED ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED. EXCEPT AS EXPRESSLY STATED HEREIN, TMAXSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO ALL OF THE INFORMATION ON THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS WEBSITE IS LINKED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT ON THIS WEBSITE IS ERROR-FREE, COMPLETE, CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL TMAXSOFT, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES, OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF TMAXSOFT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
6. Submissions
If you transmit any information of any kind (including software) to this Website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that TmaxSoft may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to TmaxSoft and without acknowledgment of authorship or source. TmaxSoft shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold TmaxSoft harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
TmaxSoft may review transmissions to this Website from time-to-time, but is under no obligation to do so. TmaxSoft disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Website. TmaxSoft may remove any transmissions to this Website at any time. TmaxSoft shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Website and you agree to defend and hold TmaxSoft harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
7. Jurisdiction and Governing Law
TmaxSoft controls and operates this Website from Chicago, Illinois USA, and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use this Website from other locations, you are responsible for compliance with all applicable local laws. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Website shall be an appropriate federal or state court located in Chicago, Illinois USA. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms and Conditions.