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Last modified: June 11, 2020
1. Your relationship with Chattanooga Software Center
Your use of Chattanooga Software Center's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Chattanooga Software Center under a separate written agreement) is subject to the terms of a legal agreement between you and Chattanooga Software Center. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Chattanooga Software Center, your agreement with Chattanooga Software Center will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
Your agreement with Chattanooga Software Center will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Chattanooga Software Center in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(A) by actually using the Services. In this case, you understand and agree that Chattanooga Software Center will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Chattanooga Software Center, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Provision of the Services by Chattanooga Software Center
Chattanooga Software Center has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Chattanooga Software Center itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
Chattanooga Software Center is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Chattanooga Software Center provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Chattanooga Software Center may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Chattanooga Software Center's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Chattanooga Software Center when you stop using the Services.
You acknowledge and agree that if Chattanooga Software Center disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
|4. Use of the Services by you
5. Your passwords and account security
6. Privacy and your personal information
7. Proprietary rights
8. License from Chattanooga Software Center
9. Content license from you
10. Software updates
11. Ending your relationship with Chattanooga Software Center
|12. Exclusion of Warranties
Nothing in these terms, including sections 12 and 13, shall exclude or limit Chattanooga Software Center's warranty or liability for losses which may not be lawfully excluded or limited by Applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
In particular, Chattanooga Software Center, its subsidiaries and affiliates, and its licensers do not represent or warrant to you that:
(A) Your use of the services will meet your requirements,
(B) Your use of the services will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
(D) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other devise or loss of data that resultS from the download of any such material.
No advice or information, whether oral or written, obtained by you from Chattanooga Software Center or through or from the services shall create any warranty not expressly stated in the terms.
Chattanooga Software Center further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
|13. Limitation of Liability
Subject to overall provision in paragraph 14.1 above, you expressly understand and agree that Chattanooga Software Center, its subsidiaries and affiliates, and its licensers shall not be liable to you for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(II) Any changes which Chattanooga Software Center may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(III) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(III) Your failure to provide Chattanooga Software Center with accurate account information;
(IV) Your failure to keep your password or account details secure and confidential;
the limitations on Chattanooga Software Center's liability to you in paragraph 15.1 above shall apply whether or not Chattanooga Software Center has been advised of or should have been aware of the possibility of any such losses arising.
|14. Copyright and trade mark policies
It is Chattanooga Software Center's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Chattanooga Software Center operates a trade mark complaints procedure in respect of Chattanooga Software Center's advertising business.
|15. Changes to the Terms
Chattanooga Software Center may make changes to the Universal Terms or Additional Terms from time to time.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Chattanooga Software Center will treat your use as acceptance of the updated Universal Terms or Additional Terms.
|16. General legal terms
The Terms constitute the whole legal agreement between you and Chattanooga Software Center and govern your use of the Services (but excluding any services which Chattanooga Software Center may provide to you under a separate written agreement), and completely replace any prior agreements between you and Chattanooga Software Center in relation to the Services.
You agree that if Chattanooga Software Center does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Chattanooga Software Center has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chattanooga Software Center's rights and that those rights or remedies will still be available to Chattanooga Software Center.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
|If you have any additional questions or concerns about this Policy, please feel free to contact us through our website or write to us at Chattanooga Software Center, 3821 Saint Elmo Avenue, Chattanooga, TN 37409.|