Brothersoft.Com ("Brothersoft") provides the
Brothersoft Web site including the Brothersoft Home Page and other
Brothersoft content (collectively, the "Brothersoft Site")
subject to your compliance with the Terms below.
We may modify these Terms at any time without notice to you by
posting revised Terms on our sites. Your use of our sites constitutes
your binding acceptance of these Terms, including any modifications
that we make.
PLEASE READ THIS BEFORE ACCESSING THE BROTHERSOFT SITE. BY ACCESSING
THE BROTHERSOFT SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE BROTHERSOFT SITE.
1. MONITORING
Brothersoft has no obligation to monitor the Brothersoft Site.
However, you agree that Brothersoft has the right to monitor the
Brothersoft Site electronically from time to time and to disclose
any information as necessary to satisfy any law, regulation or
other governmental request, to operate the Brothersoft Site properly,
or to protect itself or its subscribers. Brothersoft will not
intentionally monitor or disclose any private electronic-mail
message unless required by law. Brothersoft 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, or in violation of this agreement.
2. PRIVACY
Brothersoft cannot ensure or guarantee privacy for Brothersoft
users. It is therefore recommended that this service not be used
for the transmission of confidential information. Any such use
shall be at the sole risk of the user, and Brothersoft and its
affiliate and related companies shall be relieved of all liability
in connection therewith.
3. THIRD-PARTY SITES, PRODUCTS, AND SERVICES
Our sites contain links to other Internet sites owned by third
parties. Your use of each of those sites is subject to the conditions,
if any, that each of those sites has posted. We have no control
over sites that are not ours, and we are not responsible for any
changes to or content on them. Our inclusion on our sites of any
third-party content or a link to a third-party site is not an
endorsement of that content or third-party site.
We do not sell, resell, or license any of the products or the
services that we review, list, or advertise on our sites, and
we disclaim any responsibility for or liability related to them.
Your correspondence or related activities with third parties,
including payment transactions and goods-delivery transactions,
are solely between you and that third party. You agree that we
will not be responsible or liable for any loss or damage of any
sort incurred as the result of any of your transactions with third
parties. Any questions, complaints, or claims related to any product
or service should be directed to the appropriate vendor.
4. NETWORKS' FEE-BASED SERVICES
Some of the Services require you to pay a fee, as described in
the specific conditions included where those Services are offered.
When making purchases or other transactions through the Brothersoft
Site or the Internet, you may also be asked by the Merchant or
information or service provider to supply certain information,
Including credit card or other payment mechanisms. You agree that
all information you provide any merchant or information or service
provider through the Brothersoft Site will be accurate and complete.
You agree to pay all charges incurred by you or other users of
your account and credit card or other payment mechanisms at the
prices in effect when such charges are incurred. You also will
be responsible for paying all applicable taxes, if any, relating
to purchases on the Brothersoft Site. Brothersoft is in no way
responsible for any charges you or any user of your account incurs
when making purchases or other transactions in this manner.
5. LIMITATION OF LIABILITY
Brothersoft takes no responsibility for the accuracy or validity
of any claims or statements contained in the documents and related
graphics on the Brothersoft Site. Further, Brothersoft makes no
representations about the suitability of any of the information
contained in software programs, documents and related graphics
on the Brothersoft Site for any purpose. All such software programs,
documents and related graphics are provided without warranty of
any kind. In no event shall Brothersoft be liable for any damages
whatsoever, including special, indirect or consequential damages,
arising out of or in connection with the use or performance of
information available from the service.
6. RECOURSE
If you are dissatisfied with the Brothersoft Site or with any
terms, conditions, rules, policies, guidelines, or practices of
Brothersoft in operating the Brothersoft Site, your sole and exclusive
remedy is to discontinue using the Brothersoft Site.
7. CONFIDENTIAL INFORMATION
You authorize Brothersoft to collect from any party and to retain
all relevant information relating to your use of the Brothersoft
Site, and you hereby authorize any party to provide us with such
information. You understand and agree that unless you notify Brothersoft
to the contrary by e-mailing us, you further authorize Brothersoft
to disclose, on a confidential basis, to any party with whom Brothersoft
has business relations all relevant information relating to your
dealings with us and the Brothersoft Site.
8. INDEMNITY
You agree to defend, indemnify and hold Brothersoft and its affiliate
and related companies harmless from any and all liabilities, costs
and expenses, including reasonable attorneys' fees, related to
any Violation of this Agreement by you or users of your account,
or in connection with the use of the Brothersoft Site or the Internet
or the placement or transmission of any message, information,
software or other materials on the Brothersoft Site or on the
Internet by you or users of your account.
9. TRADEMARKS
Brothersoft? and other names, logos and icons identifying Brothersoft
and Brothersoft' products and services referenced herein are trademarks
or registered trademarks of Brothersoft. All other product and/or
brand or company names mentioned herein are the trademarks of
their respective owners.
10. DISCLAIMER
THE SOFTWARE CONTAINED IN THIS ARCHIVE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS
AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND
IN NO EVENT WILL BROTHERSOFT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE
SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS
CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE
AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT
NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED
AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
11. MISCELLANEOUS
This Agreement, including any and all documents referenced herein,
constitute the entire agreement between Brothersoft and you pertaining
to the subject matter hereof. Brothersoft's failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provisions or right.
If any of the provisions contained in this Agreement be determined
to be void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect the remaining
provisions contained herein.
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