You are being presented these Website Terms of Use and Conditions ("Terms") because you are visiting a website (the "Website") that is either (a) owned and operated by Software Prospect, Inc. ("FeaturedCustomers.com") or (b) includes content, including but not limited to registration and other forms, owned by SOFTWARE PROSPECT INC. or drawn from a website owned and operated by Software Prospect Inc. By accessing and using this Website or FeaturedCustomers.com services, you agree to be bound by these Terms of Use and all other terms, policies and operating procedures that may be published on this Website. In addition, when you visit this Website or FeaturedCustomers.com and any of our participating business software providers' ("Providers") websites, you are subject to both these Terms and any other terms of use and guidelines set forth at our Providers' websites. All these rules and policies are incorporated into these Terms by this reference. Please read these Terms and any Provider’s terms and conditions carefully. If you do not agree to our Terms, do not enter or use this Website. We reserve the right to update or otherwise modify these Term from time to time. You are responsible for checking these Terms periodically for changes and updates. Your use of this Website following posted change(s) and update(s) will be deemed an acceptance of such change(s).
These Website Standard Terms and Conditions contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this "Website"). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.
Unless otherwise agreed upon in a written and signed contract, you are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and FeaturedCustomers.com may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
In these Terms, "Your Content" shall mean any audio, video, text, images or other material including endorsements, experiences and opinions of business software you have used that you choose to display on this Website. With respect to Your Content, by displaying it, you grant FeaturedCustomers.com a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. FeaturedCustomers.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
This Website is provided "as is," with all faults, and FeaturedCustomers.com makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, any advice or consultation you are offered is just that, advice, not to be construed as official endorsements, nor to be construed as legally binding opinions. In the end, whichever software you or your business chooses is your decision and your decision alone—FeaturedCustomers.com is not responsible for any software decisions or purchases made.
In no event shall FeaturedCustomers.com, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and FeaturedCustomers.com, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent FeaturedCustomers.com from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees and subscription fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
When you send emails to us or visit the Website you are communicating with us electronically. By communicating with us via email or by submitting any request on the Website, you agree that we may send email to you and you consent to receive email or other electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this Website. Nevertheless, if you request a demo, a price quote, or a download for any Provider’s business software or any other downloadable content; request more information about a particular Provider; or provide us your contact information, you:
1. Consent and agree to our contacting you by phone at the phone number(s) you provided to us
2. Consent to us recording or monitoring your phone call for quality assurance or training purposes. There will be no other or further warning concerning our recordation of calls between you and FeaturedCustomers.com staff. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient's last known address. By calling our toll-free "888" number, you are likewise consenting to our further contact by telephone at the number or numbers you furnish at the time of the call and to our Privacy Policy and these Terms of Use.
Under no uncertain circumstances are you permitted to impersonate any person or entity, including a FeaturedCustomers.com officer or employee, or falsely misrepresent your identification or affiliation in any other way.
FeaturedCustomers.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
FeaturedCustomers.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between FeaturedCustomers.com and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any disputes.
PLEASE ALSO READ:FeaturedCustomers.com Privacy Policy.
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