Terms and Conditions of Use of
OWINSOFT.COM
YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between you ("you"
or "your") and OWINSOFT.COM ("OWINSOFT.COM," "OWINSFT," "we,"
or "our") that governs your use
of the OWINSOFT.COM Web site ("Site"
or "Web site")." When you access
or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms").
CHANGES: We may periodically change the Terms and the Site without
notice, and you are responsible for checking these Terms periodically for revisions.
All amended Terms become effective upon our posting to the Site, and any use of
the site after such revisions have been posted signifies your consent to the changes.
OWINSOFT.COM has no control over the accuracy of information
on our web pages, and material on OWINSOFT.COM Web site may include technical inaccuracies
or typographical errors.
We make no guarantees, nor can we be responsible for any
such information, including its content, quality, copyright compliance or legality,
or any resulting loss or damage.
Owinsoft.com does not guarantee the
result of the calculations regarding their accuracy or suitability to a specific
purpose. The result of these calculations
should not be taken as a final decisions but rather a general guideline of industry
practices.
OWINSOFT.COM reserves the right, in its sole discretion and
without any obligation, to make improvements to, or correct any error or omissions
in, any portion of the Sites. Where appropriate, we will endeavor to update information
listed on the Web site on a timely basis, but shall not be liable for any inaccuracies.
Links to external Internet sites are provided within the
content on the Site as a convenience to users. The listing of an external site does
not imply endorsement of the site by OWINSOFT.COM. OWINSOFT.COM does not make any
representations regarding the availability and performance of its Web site or any
of the Web sites to which we provide links. When you click on subscribe button from
the Site, your browser automatically may direct you to a new browser window that
is not hosted or controlled by OWINSOFT.COM. OWINSOFT.COM and its affiliates are
not responsible for the content, functionality, or technological safety of these
external sites.
We reserve the right to disable links to or from third-party
sites to our Site, although we are under no obligation to do so. This right to disable
links includes links to or from advertisers, sponsors, and content partners that
may use our Marks as part of a co-branding relationship.
We are not responsible for the accuracy, relevancy, copyright
compliance, legality, or decency of material contained in any externally linked
Web sites. We do not fully screen or investigate business listing Web sites before
or after including them in directory listings that become part of the Materials
on our Site, and we make no representation and assume no responsibility concerning
the content that third parties submit to become listed in any of these directories.
WARRANTY DISCLAIMER: THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWINSOFT.COM
DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS.
OWINSOFT.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT
THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OWINSOFT.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST
EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES,
OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH
THE SITE.
DISCLAIMER: The authors and publisher of this website have used their best efforts
in preparing the website. These efforts include the
Development, research, and testing
of the theories and programs
to determine their effectiveness. The
authors and publisher make
no warranty of any kind, expressed
or implied, with regard to these
programs or to the documentation contained
in these websites. The authors and
publisher shall not be liable in any event for incidental or
consequential damages in connection
with, or arising out of, the
furnishing, performance, or use of
these programs.
LIMITATION OF LIABILITY: IN NO EVENT SHALL OWINSOFT.COM BE LIABLE TO ANY USER ON
ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER,
INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES
OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY,
CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER
THEORY, EVEN IF OWINOST.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR
PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR
INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR
ACCESSED FROM ANY SITE. OWINSFT.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY
FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT
OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK
FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
INDEMNIFICATION: You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of these Terms, your violation of any
law, or your violation of the rights of a third party, including the infringement
by you of any intellectual property or other right of any person or entity. These
obligations will survive any termination of the Terms.
Design of Our Sites, Advertising
Products, Statistics and Interruption of Our Services. We and the Distribution Sites may redesign or modify the
organization, structure and/or "look-and-feel" of our respective Web sites, Advertising
Products, and published set of headings and directories at any time and without
notice; we may discontinue or add Distribution Sites at any time in our sole discretion.
Although we Disclaimer of Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN THE ORDER, NEITHER WE NOR ANY DISTRIBUTION SITE
MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESSED
OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR OTHER WARRANTIES ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE), REGARDING THE FUNCTIONALITY,
PERFORMANCE OR RESULTS OF THE ADVERTISEMENTS OR ADVERTISING PRODUCTS, LINKED SITES,
ANY SITE WE MAY CREATE FOR YOU, OR OTHERWISE UNDER OR RELATED TO THIS AGREEMENT.
Liability. NEITHER WE NOR ANY DISTRIBUTION SITE NOR ANY OF OUR OTHER
VENDORS SHALL HAVE ANY LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE
ADVERTISING PRODUCTS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOSS OF
PROFIT, LOSS OF INCOME OR REVENUE, LOSS OF GOODWILL, THE REJECTION OR REMOVAL OF
ANY ADVERTISING CONTENT, ANY DELAY IN DISPLAYING OR OUR FAILURE TO DISPLAY CONTENT,
OR OUR FAILURE TO PERFORM SERVICES. WITHOUT LIMITING THE PROVISIONS OF SECTION 13,
IN NO EVENT SHALL OUR LIABILITY FOR MONETARY DAMAGES EXCEED THE AMOUNT YOU HAVE
ACTUALLY PAID TO US FOR THE ADVERTISING PRODUCTS OR OTHER SERVICES WITH RESPECT
TO WHICH SUCH LIABILITY AROSE. You acknowledge and agree that the provisions of
this Agreement that limit liability, disclaim warranties, or exclude consequential
damages or other damages or remedies are essential terms of this Agreement and are
fundamental to the parties' understanding regarding allocation of risk. Accordingly,
such provisions shall be severable and independent of any other provisions of this
Agreement and shall be enforced regardless of any breach hereof or other occurrence
or condition relating in any way to this Agreement or the Advertising Products.
Without limiting the generality of the foregoing, YOU AGREE THAT ALL LIMITATIONS
OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES
OR OTHER DAMAGES OR REMEDIES SHALL REMAIN FULLY VALID, EFFECTIVE AND ENFORCEABLE
IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY
EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. The limitations
contained in this Section 13 apply regardless of the form of action, including actions
in contract, tort (including negligence), and strict liability.
Force Majeure. In no event shall we or any Distribution Site have liability
or be deemed to be in breach hereof for any failure or delay of performance resulting
from any governmental action, fire, flood, insurrection, earthquake, power failure,
network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist
act, labor or material shortage, transportation interruption of any kind or work
slowdown or any other condition not reasonably within our control. Your payment
obligations shall continue during any event of force majeure.
Indemnification. You agree to indemnify us and the Distribution Sites and
hold us and the Distribution Site harmless from and with respect to any claims,
actions, liabilities, losses, expenses, damages and costs (including, without limitation,
actual attorneys' fees) that may at any time be incurred by us or them arising out
of or in connection with this Agreement or any Advertising Products or services
you request, including, without limitation, any claims, suits or proceedings for
defamation or libel, violation of right of privacy or publicity, criminal investigations,
infringement of intellectual property, false or deceptive advertising or sales practices
and any virus, contaminating or destructive features.