Terms and Conditions
Fi-Soft LLC, (“Fi-Soft”) offers this Web site, fi-soft.com (the “Web Site”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Fi-Soft may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding on you. IF YOU DO NOT AGREE TO THE TERMS OF USE SET FORTH HERE, PLEASE DO NOT USE THIS WEB SITE.
Personal and Noncommercial Use
The information provided by Fi-Soft on this Web Site is general in nature and provided for informational purposes only. The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to Fi-Soft that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Restricted to Adults
You must be at least 18 years of age to use this Web Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Web Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.
Disclaimer of Warranties
Neither Fi-Soft nor its employees, agents, partners, or licensors warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Web Site results in the need for servicing or replacing property, material, equipment or data, Fi-Soft is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of Fi-Soft.
Reliance on any information presented on the Web Site is at your own risk. Fi-Soft reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Fi-Soft. Accordingly, Fi-Soft assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEB SITE. FI-SOFT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE AND MAKES NO WARRANTIES ON THIS WEBSITE WITH REGARDS TO FI-SOFT PRODUCTS AND SERVICES.
Limitation of Liability
IN NO EVENT SHALL FI-SOFT, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FI-SOFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FI-SOFT SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS).
Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
Indemnification
You agree to defend, indemnify and hold Fi-Soft, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. Fi-Soft shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Links
The Web Site links to other Web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Fi-Soft of the site, but is for your reference and convenience only. Fi-Soft has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Web Site nor does Fi-Soft recommend or endorse any products, services or procedures that may be mentioned on or represented on sites linked to the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Fi-Soft reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within fi-soft.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web Site.
Copyrights
Fi-Soft retains full copyright ownership, rights and protection in all material contained on the Web Site (including all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of Fi-Soft.
None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Fi-Soft.
Termination
You agree that Fi-Soft may terminate your use of the Web Site if Fi-Soft reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Fi-Soft or any third party, or for any reason with or without notice to you. You agree that Fi-Soft may modify or discontinue the Web Site, with or without notice to you. You agree that Fi-Soft will not be liable to you or any third party as a result of such modification or discontinuation.
Notice
Fi-Soft may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in Fi-Soft account information. You may give notice to Fi-Soft at any time via electronic mail to [email protected] or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
