TERMS AND CONDITIONS OF USE

Last updated: May 22, 2018

Please read the following terms and conditions carefully.  By accessing, browsing or using the information in this Website, you agree to these terms and conditions.  If you do not agree, you should not use this Website.  

The material provided on or accessed by way of this Website is protected by law, including without limitation, United States copyright laws and international treaties.  This Website is controlled and operated by ProSoft Technology from its offices within the State of California, United States of America.  A User who accesses this Website from locations outside of the United States does so on his/her own initiative and is separately responsible for compliance with any applicable local, national or international  laws and regulations on internet usage and Website access.

ProSoft Technology will use reasonable efforts to include accurate and up-to-date content in this Website.  However, information on this Website including illustrations, specifications and dimensions may contain technical inaccuracies or typographical errors.  ProSoft Technology makes no warranty or representation as to its accuracy and assumes no liability for and reserves the right to correct such inaccuracies or errors at any time without notice.  ProSoft Technology may also make changes, updates and improvements to this Website or these access terms and conditions, at any time without notice.  ProSoft Technology may also make improvements and/or changes to the products and/or to the programs described in the content at any time without notice.  

The trademarks, service marks, and logos used or displayed on this Website (the "Trademarks") are registered and unregistered trademarks of ProSoft Technology, its affiliates, related companies, licensors, and/or joint venture partners.  The use or misuse of these trademarks, or any other content of this Website, except as permitted herein, is expressly prohibited and may be in violation of intellectual property laws which shall be aggressively enforced.  ProSoft Technology prohibits use of any ProSoft Technology trademark as a "hot" link to this Website without prior written permission granted.

This Website may contain links to third-party Websites.  Such linked Websites are not under the control of ProSoft Technology, and ProSoft Technology assumes no responsibility for the contents of any such linked Website, any link contained in a linked Website, any changes or updates to such linked Websites, or any material transmitted or downloaded from any linked Website.  ProSoft Technology is providing these links to third-party Websites solely as a convenience to you.  ProSoft Technology does not determine and is not responsible for the privacy or security policies or practices of those Websites. You should independently determine the privacy and securities polices and practices of such Websites and make your own decision as to what information to disclose.

The entire content (images and text) of this Website is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used, except as provided herein, without the express written permission of ProSoft Technology.  You may download content only for your personal, non-commercial use.

We conduct our business in compliance with applicable laws on data privacy and security and take precautions to protect personal identifiable information obtained from our Website visitors against unauthorized access and use. More detailed information on our Privacy Policy is available HERE.

WITHOUT LIMITING THE FOREGOING,THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE (INCLUDING SOFTWARE) ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.  PROSOFT TECHNOLOGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF ANY USE OF, OR OTHERWISE RESPECTING, THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE OR ANY WEB WEBSITE LINKED TO THIS WEBSITE.  IT IS RECOMMENDED THAT YOU INDEPENDENTLY TEST AND EVALUATE PRODUCTS FOR THEIR INTENDED USE.

UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) WILL PROSOFT TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERLING THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, BUSINESS INTERRUPTION, DELAYS, LOSS OF DATA OR PROFIT) ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF PROSOFT TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF USE OF SUCH MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, USER ASSUMES ANY COSTS ASSOCIATED THEREWITH. THEREFORE, YOU AGREE THAT ALL ACCESS AND USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PROSOFT’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  

You agree to indemnify, defend and hold harmless ProSoft Technology, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the website and/or any materials, products, or services contained or referenced therein.

Any rights not expressly granted herein are reserved by ProSoft Technology, Inc.