SOFTWARE
DEALS TERMS AND CONDITIONS OF USE
Welcome
to the Software Deals website. By using the website and its related
services, products, and software (collectively, the "Site"),
you agree to be bound by these terms ("Conditions of Use").
You also accept the Conditions of Use when you create an account,
sign in as a guest, or log in to the site. Additional or separate
terms may apply to your interactions with other Software Deals
websites and to your use of individual services or features available
on the Site, such as reviews. To the extent that the provisions of
any additional terms conflict with these Conditions of Use, the
provisions of the additional terms will govern. References to
"Software Deals" "our," "we," "us,"
or “Software Deals” may refer to Software Deals, LLC., and its
affiliates, subsidiaries, and designees. We may make changes to the
Site and the Conditions of Use at any time without notice. It is your
responsibility to review the Conditions of Use for updates or
changes. If you do not agree with the Conditions of Use, you should
not use the Site.
General
As
used herein, terms appearing in the singular shall include the plural
and terms appearing in the plural shall include the singular. No
rights, duties, agreements or obligations hereunder may be assigned
or transferred by Buyer, by operation of law, merger or otherwise,
without the prior written consent of Software Deals. Any attempted or
purported assignment shall be void. Software Deals' obligations under
these terms and conditions may be performed by divisions,
subsidiaries or affiliates of Software Deals. The obligations,
rights, terms and conditions hereof shall be binding on the parties
hereto and their respective successors and assigns. The waiver of any
provision hereof or of any breach or default hereunder shall not be
deemed a waiver of any other provision hereof or breach or default
hereunder. Any provision hereof which is prohibited or unenforceable
in any jurisdiction shall, as to such jurisdiction, be ineffective to
the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof in that jurisdiction or
affecting the validity or enforceability of such provision in any
other jurisdiction.
Intended
for Users Over 13
We
provide the Site for use by individuals 13 years of age and older. If
you are under the age of 13, you may use the Site only with the
assistance of a parent or guardian.
Privacy
Your
use of the Site is subject to our Privacy Policy. Please review the
policy for more on how we collect and use information.
Errors
on Our Site
We
try to be as accurate as possible. However, we do not warrant that
Site content or Product descriptions are accurate, complete,
reliable, current, or error-free. Prices and promotions are subject
to change and may vary from those offered in our stores or other
advertisements. We cannot confirm the availability or price of an
item until you place your order. Despite our best efforts, rarely an
item in our catalog may not be available, the offer may have been
misstated, or an item may be mispriced. For any of these reasons, we
may cancel your order or we may contact you for instructions on the
order.
Paying
for Your Order
Generally,
we'll charge your card for an item when we ship the item to you or
confirm its availability in store. However, we may pre-authorize your
order amount with your credit or debit card issuer at the time you
place the order, which may have an effect on your available credit
line. When you pre-order with a debit card, we'll debit your card
when you place the pre-order. For special delivery items, we'll
charge your card when you confirm a delivery time. For digital items,
we'll charge your card when you initiate the download of the product
or the product is placed in your account and available for use.
Software
Deals retains a purchase money security interest in the Products
delivered to Buyer, and in their accessories, replacements,
accessions, proceeds, and Products, including accounts receivable
(collectively, the "Collateral") to secure payment of all
amounts due under this Agreement. Buyer’s failure to pay all
amounts hereunder in full when and as due shall constitute a default
hereof and shall give Software Deals all rights of a secured party.
If Buyer fails to pay any amount when due, Software Deals shall have
the right to repossess and remove all or any part of the Collateral
from Buyer, but not from Buyer’s Customers. Any repossession or
removal shall be without prejudice to any other remedy of Software
Deals hereunder, at law or in equity. Buyer agrees, from time to
time, to take any act and execute and deliver any document
(including, without limitation, financing statements) reasonably
requested by Software Deals to transfer, create, perfect, preserve,
protect and enforce this security interest.
Any
payment received from Buyer may be applied by Software Deals against
any obligation owing from Buyer to Software Deals, regardless of any
statement appearing on or referring to such payment, without
discharging Buyer's liability for any additional amounts owing from
Buyer to Software Deals, and the acceptance by Software Deals of such
payment shall not constitute a waiver of Software Deals right to
pursue the collection of any remaining balance.
Order
Confirmation
Our
order confirmation to you does not signify our acceptance of your
order, nor does it constitute confirmation of our offer to sell. At
any time after receipt of your order, we may accept, decline, or
place quantity or other limits on your order for any reason. We may
impose these limits on a per-person, per-household, per-order, or any
other basis. If we reject, limit, or otherwise modify your order, we
will attempt to notify you using the e-mail address you provide to
us. If we cancel an order or part of an order that we've already
charged you for, we'll refund you the full amount of the canceled
portion of the order.
Proprietary
Rights
All
content included on or comprising the Site, including information,
data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material (collectively "Content"),
is protected by copyright, trademark, patent or other proprietary
rights, and these rights are valid and protected in all forms, media
and technologies existing now or developed in the future. All Content
is protected as a collective work under U.S. and international
copyright laws, and Software Deals owns, to the fullest extent
allowed by such laws, the copyright in the selection, coordination,
arrangement, and enhancement of all content. You may use the Site and
the Content only for non-commercial, personal use. You must retain
all copyright, trademark and other proprietary notices contained in
any Site material you use, and you may not modify or alter the
material, copy or post the material on any network computer, or
broadcast the material in any media. Unless we separately give you
permission, you may not copy, scrape, frame, modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from, or in any way
exploit any of the content, in whole or in part.
The
Software Deals logos and other trademarks on the Site are the
property of their respective owners and may not be reproduced,
copied, or manipulated in any manner without the express, written
approval of the trademark owner.
Reviews,
Comments, Communications, and Other User-Generated Content
You
may interact with the Site and Software Deals in numerous ways,
including Reviews and Ratings, Videos, Questions and Answers,
Community Forums, and e-mail communication. You hereby grant Software
Deals a perpetual, irrevocable, royalty-free, transferable right and
license to use, modify, reproduce, transmit, publish, display,
delete, and distribute any information (except order information sent
via e-mail or phone) or materials you send to us throughout the world
in any media. You also grant us the right to use the name you use
when you submit content to us, in connection with that content.
When
you submit content to us, you will disclose any affiliation you have
and you will not submit anything that contains harmful computer code,
references other websites, or is false, misleading, illegal,
infringing, defamatory, libelous, hateful, racist, biased,
threatening, or harassing.
Technical
Assistance or Advice
Any
technical assistance or advice offered by Software Deals in regard to
the use of any Product or provided in connection with Buyer’s
purchases is given free of charge and only as an accommodation to
Buyer. Software Deals shall have no obligation to provide any
technical assistance or advice to Buyer and if any such assistance or
advice is provided, such fact will not obligate Software Deals to
provide any further or additional assistance or advice. Software
Deals shall not be held liable for the content or Buyer’s use of
such technical assistance or advice nor shall any statement made by
any of Software Deals representatives in connection with the Products
or Services constitute a representation or warranty, express or
implied.
Notification
of Copyright Infringement under the Digital Millennium Copyright Act
(DMCA)
Software
Deals, LLC., uses likeness images and product names and/or
descriptions for the sole purpose of product identification and as a
part of the "Fair Use" act, however, in doing so, an end
user should never conclude that Software Deals, LLC., or its
affiliates. microsites, owners, members, customers or employees are
associated, affiliated, connected, approved, authorized or sponsored
by any particular manufacturer, distributor or product copyright or
trademark owner, nor should an end user conclude from the sale of a
manufacturer's products on its websites that Software Deals, LLC., is
affiliated, approved, or sponsored by any particular manufacturer,
distributor or product copyright or trademark owner.
Unless
otherwise stated or specified, all materials appearing on this site;
including text, site design, logos, graphics, icons, and images, as
well as the selection, assembly and arrangement thereof, are the sole
property of Software Deals, LLC., Copyright ©, ALL RIGHTS RESERVED.
You may use the content of this site only for the purpose of shopping
in this store or placing an order and for no other purpose. No
materials from this site may be copied, reproduced, modified,
republished, uploaded, posted, transmitted or distributed in any form
or by any means without our prior written permission. All rights not
expressly granted herein are reserved. Any unauthorized use of the
materials appearing on this site may violate copyright, trademark,
and other applicable laws and could result in criminal or civil
penalties.
If
you believe that your copyrighted material may have been infringed,
please provide Software Deals Copyright Agent with the following
information in writing:
-
A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
-
Identification
of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that
site.
-
Identification
of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit us to locate the material.
-
Information
reasonably sufficient to permit us to contact you, such as an
address, telephone number, and if available, your e-mail address.
-
A
statement that you have a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
-
A
statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Software
Deals designated agent to receive notifications of claimed
infringement can be reached by:
Mail:
Software
Deals, LLC.
ATTN:
DMCA Agent
850 New Burton Road
Suite 201
Dover, DE 19904
E-mail:
legal@softwaredeals.com
For
additional information regarding this procedure, please reference 17
USC 512.
Disclaimers
and Limitation of Liability
THE
SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
SITE ARE PROVIDED BY SOFTWARE DEALS ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE
SITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT,
MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SITE OR OUR SERVERS OR ELECTRONIC
COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS,
OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links
to Third-Party Websites
The
Site contains links to other sites operated by third parties
("Third-Party Site(s)"). These links are available for your
convenience and are intended only to enable access to these
Third-Party Sites and for no other purpose. Software Deals does not
warrant or make any representation about the substance, quality,
functionality, accuracy, fitness for a particular purpose,
merchantability or any other representation about any Third-Party
Site or its content, products, or services. A link to a Third-Party
Site on the Software Deals Site does not constitute sponsorship,
endorsement, approval or responsibility for any Third-Party Site. The
Conditions of Use and privacy policy of any Third-Party Site may
differ substantially from the Conditions of Use. Please review the
Conditions of Use for all Third-Party Sites for more information
about the terms and conditions that apply to your use of Third-Party
Sites.
Export
Certain
software or other materials ("Software") that you may
obtain through the Site may be further subject to export controls.
You will comply with all applicable export and re-export restrictions
and regulations, and you will not transfer, or encourage, assist, or
authorize the transfer of any Software to a prohibited country or
otherwise in violation of any restrictions or regulations.
Security
You
are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer. We have no
responsibility for any activities that occur under your account and
password. You may only use the Site only for lawful purposes.
Activities including, but not limited to, tampering with the Site,
misrepresenting the identity of a user, and using buying agents or
conducting fraudulent activities, on the Site are prohibited.
You
may not violate or attempt to violate the security of the Site,
including by, without limitation, (a) accessing data not intended for
you or logging onto a server or an account which you are not
authorized to access; (b) using the Site for unintended purposes or
trying to change the behavior of the Site; (c) attempting to probe,
scan or test the vulnerability of a system or network or breach
security or authentication measures without proper authorization; (d)
attempting to interfere with service to any user, host or network,
including without limitation via means of submitting a virus to the
Site, overloading, "flooding," "spamming," "mail
bombing" or "crashing"; (e) forging any TCP/IP packet
header or any part of the header information in any e-mail or
newsgroup posting; or (f) forging communications on behalf of the
Site (impersonating the Site) or to the Site (impersonating as a
legitimate user). You may not send unsolicited or unauthorized e-mail
on behalf of Software Deals, including promotions and/or advertising
of products or services. We may prosecute you to the full extent of
the law for any violation of these Conditions of Use. You may not use
any device, software, routine or data to interfere or attempt to
interfere with the proper working of the Site or any activity being
conducted on the Site. You may not use or attempt to use any engine,
software, tool, agent, data or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Site other than the search engine
and search agents we provide and generally publicly available
browsers.
Applicable
Law
THE
FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE
OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF DELAWARE),
WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE
CONDITIONS OF USE AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST
SOFTWARE DEALS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF
ANY SOFTWARE DEALS PROPERTY OR TO ANY PRODUCTS OR SERVICES SOLD OR
DISTRIBUTED BY SOFTWARE DEALS OR THROUGH ANY SOFTWARE DEALS PROPERTY
OR WEBSITE.
Disputes
Any
dispute or claim arising out of or relating in any way to your use of
any Software Deals property, or to any products or services sold or
distributed by Software Deals or through any Software Deals property
or website will be resolved by binding arbitration, rather than in
court, except that you may assert claims in small claims court if
your claims qualify. The Federal Arbitration Act and federal
arbitration law apply to these Conditions of Use.
BY
AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES,
SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY
DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS
NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD
ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE
AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN
THESE CONDITIONS OF USE AS A COURT WOULD.
Termination
of Use
We
may, in our sole discretion, terminate your account or your use of
the Site at any time. You are personally liable for any orders that
you place or charges that you incur prior to termination. We may
change, suspend or discontinue all or any aspects of the Site at any
time without prior notice.