Welcome to Software Animals, LLC's web site (the Site). Below are the terms and conditions generally applicable to your access or use of any portion of the Site (the Terms of Use).

On each occasion that you access or use any portion of the Site, you agree to be bound by all of the Terms of Use, including any amendments or modifications to any of the Terms of Use in effect at the time of your access or use. You understand that your right to use or access the Site is derived solely from, and is expressly limited by, the Terms of Use. Software Animals, LLC reserves the right to amend or modify any of the Terms of Use from time to time. You should review all of the Terms of Use upon each access or use of the Site because any changes will be binding on you.

IF YOU DO NOT AGREE WITH ALL OF THIS Terms of Use, DO NOT ACCESS OR USE ANY OF THE SITE.

1. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Site contains information, communications, software, photos, text, video, graphics, music, sounds, images, and other material and services (the Content) which are or may contain proprietary information owned, controlled or licensed by or to Software Animals, LLC. The Site and its Contents are furnished to you by Software Animals, LLC and are intended for your personal and lawful use in conformity with the Terms of Use.

All rights, title and interests are exclusively reserved to Software Animals, LLC except for any material (image, photo, audio, and video files, and text) that is submitted to Software Animals, LLC by you, that you have legal ownership of.

You acknowledge and agree that the Contents are protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that your access or use of any Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Further, you shall abide by all additional copyright or ther notices, information or restrictions appearing in conjunction with any Content accessed on or through the Site.

The Site and its Content are protected by copyright as a collective work and/or compilation pursuant to United States copyright laws, international conventions and other copyright laws. Except as expressly set forth in this Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Site in whole or in part. You may download one copy of the Content (to which you have access) for your personal, noncommercial use only, but not for the purpose of or in connection with reproducing or posting the Content anywhere on the Internet or elsewhere, provided that you maintain all copyright and other notices contained in such Content. Except as permitted under the Terms of Use, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Software Animals, LLC (or the copyright holder identified in the Content’s copyright or other proprietary notices). No download, copying or storing of any Content confers, conveys or otherwise transfers to you any ownership right, title or interest in or to any Content.

2. APPROPRIATE ACCESS OR USE

You shall not access or use any of the Site or Content for any purpose other than a lawful and legitimate purpose as intended by Software Animals, LLC. Examples of prohibited access or use of the Site or Content include, ut are not limited to, access or use that may directly or indirectly: (i) manipulate or alter any transaction; (ii) unauthorized alteration of any materials, data or information provided by or to another user of the Site; (iii) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, contract or other personal or proprietary rights; (iv) introduce to the Site any unlawful, libelous, defamatory, untrue, malicious, fraudulent, harassing, pornographic or offensive material, or material irrelevant to the legitimate access or use of the Site; (v) constitute false or misleading indications of origin or statements of fact; (vi) harass, slander, libel or defame any person or entity; (vii) cause injury of any kind to any person or entity; (viii) result in the sale or purchase of stolen property, counterfeit items, contraband, ontrolled substances or any other material which may be unlawful; (ix) introduce to the Site any viruses, worms or oher programming routines which may disrupt or interfere with the operation of the Site; (x) insert links to other Internet sites; (xi) promote any unlawful activity or purpose, including, without imitation, any activity that may result in criminal or civil liability; and/or (xii) violate any applicable laws, rules, regulations or other governmental regulations. You will take reasonable steps to ensure against the introduction of any virus, worms or other programming routines which may disrupt or interfere with the operation of the Site. You will be responsible for the accuracy and completeness of all materials, data and information you transmit through or place on the Site.

3. DISCLAIMERS AND WAIVERS

Access or use of any of the Site or its Content is voluntary and at your own risk. Reliance on the Site and its Contents should only be undertaken after independent review of its accuracy, completeness, efficacy and timeliness. Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation or favoring by Software Animals, LLC.

Software Animals, LLC neither represents nor endorses the accuracy or reliability of any Content, material, advice, opinion, statement, data or other information displayed, uploaded or distributed on or through the Site by any person or entity. Software Animals, LLC assumes no responsibility for consequences resulting from the access or use of the information or services, or in any respect for the content of such information, including, without limitation, errors or omissions, the accuracy or reasonableness of assumptions or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others.

Difficulties with hardware, software and equipment and services supplied by others may result in service interruption or downtime. Further, it is possible that some or all of the Site or Content may be corrupted and unusable due to the presence of bugs in software, viruses or other causes beyond the reasonable control of Software Animals, LLC. In no event will Software Animals, LLC be liable to you or other persons for any claim, suit, demand, controversy, dispute, liability, loss, expense, costs and/or damage (collectively, Claim) that may result from any period of service interruption or downtime suffered by the Site.

In connection with each transaction and proposed transaction through access or use of any of the Site or any Site-related services, you acknowledge and agree that: (i) Software Animals, LLC has provided the Site to serve only as a medium to facilitate specific information management and the initiation of a commercial transaction between or among parties other than Software Animals, LLC; (ii) each transaction and proposed transaction shall be directly between or among parties other than Software Animals, LLC; (iii) Software Animals, LLC is not and shall not be a party to any transaction; (iv) Software Animals, LLC does not purport to owe any fiduciary duty to any party or to have any pecial relationship with any party; (v) Software Animals, LLC may or may not be a manufacturer, distributor or seller of any goods or services in any transaction, therefore registered users do so with knowledge accordingly (vi) the parties (other than Software Animals, LLC) are responsible for determining and ensuring that all transactions comply with applicable law, including, without limitation, payment of applicable taxes; and (vii) Software Animals, LLC may or may not have control over any transaction, therefore, registered users agree that they will proceed under the assumption that Software Animals, LLC does not.

THE SITE AND ALL CONTENT PROVIDED BY Software Animals, LLC OR THIRD PARTIES ON OR THOUGH THE SITE ARE PROVIDED AS-IS. Software Animals, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR USEFULNESS OF ANY OF THE SITE OR CONTENT.

Software Animals, LLC WILL USE THE SITE TO SEND PROMOTIONAL MESSAGES, USER INFORMATION, PRESS RELEASES, SERVICE UPDATES, TECHNICAL INFORMATION, OR ANY OTHER INFORMATION Software Animals, LLC DETERMINES FOR Software Animals, LLC OR THOSE Software Animals, LLC HAS DETERMINED SUCH MESSAGES CAN AND MAY BE SENT TO ANY AND ALL WHO HAVE AGREEED TO THESE TERMS. RECIPIENTS OF THE MESSAGES ARE NOT LIMITED TO THE ACCOUNT ADMINISTRATOR BUT TO ANY AND ALL ADMINISTRATOR ASSIGNED SUBUSERS.

IN NO EVENT SHALL Software Animals, LLC OR ANY OF ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, MEMBERS, ATTORNEYS, CONSULTANTS, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS, LICENSEES OR INVESTORS, OR ANY OF THEIR AFFILIATES, BE LIABLE OR OTHERWISE RESPONSIBLE, INDEPENDENTLY, JOINTLY OR SEVERALLY, TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF Software Animals, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, (I) FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE, (II) INCURRED IN CONNECTION WITH ACCESS OR USE OF ANY OF THE SITE OR CONTENT, OR (III) CAUSED BY, DUE TO OR RELATED TO ANY INTERRUPTION, DELETION OF FILES, ERROR, OMISSION, DEFECT AND/OR DELAY IN PERFORMANCE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS AND RIGHTS TO BRING, AND EXPRESSLY AGREE NOT TO BRING, ANY SUCH CLAIM AGAINST Software Animals, LLC, OR ANY OF ITS MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, INVESTORS, OR ANY OF THEIR AFFILIATES, IN CONNECTION WITH THE ACCESS OR USE OF ANY OF THE SITE OR CONTENT.

4. INDEMNIFICATION

You hereby shall indemnify, defend and hold harmless Software Animals, LLC and its affiliates, and their directors, officers, employees, owners, members, attorneys, consultants, agents, representatives, information providers, licensors, licensees and investors, and their affiliates (collectively, the Indemnified Parties), from and against any and all Claims (including, without limitation, reasonable attorneys’ fees and costs) arising out of any breach by you of any of the Terms of Use or otherwise arising from your access or use of the Site or Content. You shall cooperate as fully as reasonably required in the defense of any Claim. Software Animals, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

5. LINKS AND OTHER SITES

The Site may contain links to other World Wide Web Internet sites, services or resources (the Links). Software Animals, LLC is not responsible for the availability, accurateness or completeness of any Link. Software Animals, LLC does not endorse and is not responsible or liable for any Content, product, service, resource, advertising or other materials on or available from or through any Link. Software Animals, LLC shall not be responsible or liable, directly or indirectly, for any Claim caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Link. You should direct any concern regarding any Link to such Link’s administrator or Webmaster.

6. PRIVACY

Click the following link to view our security and privacy statement: Privacy Statement

NOTWITHSTANDING ANYTHING IN THE Terms of Use TO THE CONTRARY, YOUR ACCESS AND USE OF THE SITE AND CONTENT ARE NOT PRIVATE OR CONFIDENTIAL. FURTHER, Software Animals, LLC RESERVES THE RIGHT TO MONITOR YOUR ACCESS AND USE OF THE SITE AND CONTENT.

7. OTHER PROVISIONS

No Waiver: Software Animals, LLC’s failure to exercise or enforce any of its rights shall not constitute a waiver of such right, unless such waiver is in writing and specifying the right being waived.

Severability: If one or more provisions of the Terms of Use are held to be unenforceable under applicable law, such provision shall be excluded from the Terms of Use and the balance of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

Governing Law: The Terms of Use have been made in and shall be construed and enforced in accordance with Washington law without giving effect to principles on conflicts of law. Any action in connection with the Terms of Use, the Site or any Content involving Software Animals, LLC shall be brought in federal or state courts located in King County, Washington, USA.

Entire Agreement: The Terms of Use constitute the entire agreement between you and Software Animals, LLC. No modification of the Terms of Use shall be enforceable against Software Animals, LLC unless such modification is in accordance with the Terms of Use.

Notice: Notice or correspondence to you shall be via e-mail to the e-mail address contained in your most current registration form. Notice or correspondence to Software Animals, LLC must be sent via email at email address: Notice@SoftwareAnimals.com

Modification: Any and all portions of the Terms of Use may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of Software Animals, LLC. Any such modification shall be effective immediately upon notice delivered to you via e-mail at the address provided in the registration form or by posting such modification on the Site. You should visit this Site from time to time to review the then-current Terms of Use because the Terms of Use (including any modifications to the Terms of Use) are binding on you. By accessing and using the Site, you agree to become and remain knowledgeable with the Terms of Use as they may exist from time to time. Certain provisions of the Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site. You shall have no right to modify or amend any of the Terms of Use. If you do not agree with all of the Terms of Use, as may be amended from time to time, your sole recourse is to cease access and use of the Site.

Restriction, Suspension and Termination: If Software Animals, LLC determines, in its sole discretion, that you are using or have used any portion of the Site or Content in a manner inconsistent with any of the Terms of Use, Software Animals, LLC shall have the right to take appropriate action without prior notice to you, including, without limitation, the following: (i) removal of material; (ii) limit, restrict, suspend and/or terminate your access to and use of the Site or any portion of the Site; and (iii) seek any remedies available at law or in equity. You may terminate your registration, access or use of the Site and the Content at any time by providing written notice to Software Animals, LLC, which shall be deemed effectively given upon Software Animals, LLC’s receipt.
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