ABOUT OUR SITE
The words “You,” “User” or “Member,” as used herein, refer to all individuals and/or entities accessing or using the Website for any reason. The term “Your Content” or “User Content,” as used herein, shall mean information that You submit, publish or display on any website provided by Softwired Solutions LLC.
MODIFICATION OF TERMS
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Softwired Solutions LLC and/or its affiliates.
ACCESS TO THE WEBSITE
Softwired Solutions LLC reserves the right to modify or discontinue any services or content provided by Softwired Solutions LLC with or without notice to the User. You acknowledge and accept that Softwired Solutions LLC does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.
DISCLAIMER OF WARRANTIES
All of the information and materials contained on the Website, including text, graphics, information, links or other items are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, Softwired Solutions LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.
Softwired Solutions LLC expressly disclaims liability for errors or omissions in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by Softwired Solutions LLC. We make no warranty that the Website or the services thereon will meet users’ requirements.
LIMITATION OF LIABILITY
You acknowledge and agree that You are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
Except as expressly provided in these Terms, in no event shall Softwired Solutions LLC, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if Softwired Solutions LLC, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall Softwired Solutions LLC, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
Softwired Solutions LLC’s MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO Softwired Solutions LLC WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
ACCEPTABLE USE POLICY (“AUP”)
(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from Our system and You will be denied access to this Website.
(2) Unauthorized Use. Softwired Solutions LLC authorizes Members to view and access a single copy of the content available on or from the Website solely for their personal use.. Only one individual may access the Website using the same email or password, unless Softwired Solutions LLC agrees otherwise. Unauthorized use of the Website and Softwired Solutions LLC’ systems including but not limited to unauthorized entry into any of Softwired Solutions LLC systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. Softwired Solutions LLC reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a “mirrored”, competitive, or third party site.
(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the “Website Content”) are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Softwired Solutions LLC or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Softwired Solutions LLC and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy they make of such content. Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Softwired Solutions LLC, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Softwired Solutions LLC or its licensors, that dilutes the strength of Softwired Solutions LLC or its licensor’s property, or that otherwise infringes Softwired Solutions LLC’ or its licensor’s intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Softwired Solutions LLC creates to generate or display any Website Content or the pages making up the Website is also protected by Softwired Solutions LLC’ copyright and Members may not copy or adapt such code.
(4) Website Restrictions. The features of the Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
- (a) accessing data not intended for You or logging into a server or account that You are not authorized to access;
- (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- (c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Softwired Solutions LLC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.
Softwired Solutions LLC also specifically prohibits the following:
- Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members;
- Taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
- Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
- Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website, without express written consent from Softwired Solutions LLC.
6) User Content and Submissions. You are solely responsible for Your account information, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms.
The following is a partial list, for illustration purposes, of User Content that is prohibited on the Website. You may not post content that:
- Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- Harasses, incites harassment or advocates harassment of any group or individual;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
- Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Displays or links to pornographic, indecent or sexually explicit material of any kind;
- Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- Solicits passwords or personal identifying information from other Users or Members.
LINKS TO OTHER SITES
You acknowledge and agree that, as between You and Softwired Solutions LLC, Softwired Solutions LLC owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to Softwired Solutions LLC, and all Website Content provided by Softwired Solutions LLC on the Website, including without limitation, site design, text, graphics, and interfaces (“Softwired Solutions LLC Materials”). Any use of Softwired Solutions LLC Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of Softwired Solutions LLC is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy Our website, Softwired Solutions LLC Material or any third-party content available on Softwired Solutions LLC’s websites.
By posting Your Content to any public area of Softwired Solutions LLC’ websites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to You and that no other party has any rights thereto, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any “moral rights” in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to You have been waived; and (ii) You automatically grant to Softwired Solutions LLC and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of Softwired Solutions LLC or for any other purpose, in Softwired Solutions LLC’s discretion. We cannot be responsible for maintaining any Content that You provide to us, and We may delete or destroy any such Content at any time.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
Softwired Solutions LLC respects the intellectual property of others, and We ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. Softwired Solutions LLC reserves the right to terminate Your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. Softwired Solutions LLC reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If You believe that Your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Softwired Solutions LLC
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ORDERS FOR PRODUCTS AND SERVICES
We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if You are domiciled in the United States. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to Softwired Solutions LLC. You agree to pay all applicable taxes. If payment is not received by us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by us.
Refunds are provided at our discretion only.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
Under no circumstances is anything on our website to be resold for any reason whatsoever.
AVAILABILITY OUTSIDE THE U.S.