Welcome to The Software WEBSITE TERMS OF USE IMPORTANT – Take the time to carefully read through this document.
We appreciate your interest in visiting our website, which is owned by TheSoftware. By accessing the Website, you are agreeing to abide by our Terms of Use. Whether you are subscribing to our services, participating in contests, or using any of our services, it is important to review the complete terms of the Agreement. Failure to agree to the terms means you are not authorized to use our services or access our website.
TheSoftware strictly prohibits access to our website and services for any individual covered by the Children’s Online Privacy Protection Act of 1998 (COPPA). We reserve the right to deny access to the website and services in our sole and exclusive discretion.
SCOPE AND CHANGES TO THE AGREEMENT
By using our website, you are agreeing to the terms and conditions outlined in the Agreement. This Agreement constitutes the entire and only agreement between you and TheSoftware with respect to your use of the Website. We have the right to make amendments to the Agreement from time to time without specific notice to you. It is your responsibility to review the Agreement before using the Website.
USER REQUIREMENTS
Our website and services are only available to individuals who can enter into legally binding contracts under applicable law. If you are under the age of eighteen (18), you are not permitted to use or access the Website and/or Services.
DETAILED INFORMATION ABOUT OUR OFFERINGS
Exclusive Subscription Services
Designed to meet your needs, our Subscription Services are available to you upon registering on our platform and receiving approval from TheSoftware. You have the option to access or attempt to access, for a fee or for no fee, our exclusive Subscription Services. These services will provide you with a wide range of content relevant to online marketing, including e-mails, text, and more, all provided by TheSoftware and our trusted third party partners. If you wish to opt out of receiving the Subscription Content, simply send us an email at support@fxrevenge.net. Please note that the Subscription Content includes opinions and other materials provided by TheSoftware and Third Party Providers, and should be used with caution and common sense. You agree that TheSoftware will not be held responsible or liable for the Subscription Content, and we do not guarantee its accuracy, completeness, or appropriateness. By using our Subscription Services and Content, you agree that TheSoftware is not liable for any claims or issues that may arise.
Exclusive Membership Services
Tailored to meet your specific requirements, our Membership Services are available to you upon registering on our website, agreeing to the Membership Agreement, and receiving approval from TheSoftware. You have the option to access or attempt to access, for a fee or for no fee, a Membership in one of our various Membership programs. These programs provide access to valuable content, text, and other materials designed to assist Members in their online marketing ventures, all provided by TheSoftware and our trusted Third Party Providers. The Member Content, like the Subscription Content, should be used with caution and common sense, as TheSoftware will not be held responsible or liable for any issues related to the Member Content. We do not guarantee the accuracy, completeness, or appropriateness of the Member Content, and by using our Membership Services and Content, you agree that TheSoftware is not liable for any claims or issues that may arise.
Reliable Vendor Services
Complete the purchase order forms to access certain products and services offered on our platform. Please note that the descriptions of the products and services featured on the Website are provided directly by the manufacturers or distributors. TheSoftware does not guarantee the accuracy or completeness of these descriptions. We will not be held responsible or liable for any issues related to your inability to obtain products and services from the Website or for any disputes with the product’s seller, distributor, or end-user consumers. By using our Vendor Services, you agree that TheSoftware is not liable for any claims or issues that may arise in connection with the products and services offered on the Website.
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When registering for our Services, you may be required to provide various information, such as your full name, company name, email address, mailing address, and billing address. You must ensure that all the information you provide is accurate and complete. We reserve the right to reject any registration data that we deem to be incomplete, fraudulent, or unacceptable. Additionally, we may change the registration criteria at any time.
Any future offers on our website that enhance its current features will be subject to the Agreement. We are not liable for any inability to use or qualify for our Services, and we may modify, suspend, or discontinue any Services without liability to you.
Competitions
We occasionally offer promotional prizes and awards through contests. By providing accurate information and agreeing to the Official Contest Rules, you can enter for a chance to win. We reserve the right to reject any contest registration data that we find to be incomplete, fraudulent, or unacceptable.
Grant of License
As a user of our website, you are granted a limited license to access and use the Content in accordance with the Agreement. This license may be terminated at any time. You may use the Content for personal, non-commercial use only and may not reproduce, sell, or modify any part of the website.
PROPRIETARY RIGHTS
All the unique content, design, and services provided on the Website are protected by copyrights, trademarks, and other proprietary rights. Any unauthorized copying, redistribution, or sale of the content, contests, and services is strictly prohibited. Automated retrieval of material from the Website without written permission is also prohibited. You do not have ownership rights to any of the materials on the Website.
HYPERLINKING, CO-BRANDING, AND FRAMING RESTRICTIONS
Hyperlinking to the Website or ‘framing’ it in any commercial or non-commercial media without prior written permission is strictly prohibited. You must cooperate with the Website to remove any unauthorized content or activity.
EDITING AND DELETION
We reserve the right to edit or delete any documents or content on the Website at our discretion.
DISCLAIMER
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN rom_codeasis AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TheSoftware MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheSoftware, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk. TheSoftware makes no warranty that such downloads are free of corrupting computer codes including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TheSoftware HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE TheSoftware AND ALL OF TheSoftware hird_party_providers{}
INDEMNIFICATION
You agree to indemnify and hold TheSoftware, each of their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of TheSoftware, each of their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
EXTERNAL WEBSITES
Our website may contain links to third-party websites and resources. We do not control these external sites and are not responsible for their availability. We do not endorse the terms, privacy policies, content, or services offered by these third-party sites.
PRIVACY POLICY AND VISITOR DATA
Your use of our website is subject to our Privacy Policy. We reserve the right to use the information you provide in accordance with our Privacy Policy. Please refer to our Privacy Policy for more information.
LEGAL NOTICE
Any attempt to interfere with the operation of our website is a violation of criminal and civil law. We will pursue legal remedies against individuals or entities who attempt to damage or disrupt our website.
APPLICABLE LAW AND JURISDICTION
Any disagreements arising from or connected to the contract will be controlled by and interpreted in line with the laws of Estonia (not considering conflict of law principles). Any decision made will be final and definitive for the involved parties and can be enforced in any court of appropriate jurisdiction. This should not prevent any party from seeking injunctive relief to safeguard its rights while waiting for a resolution in arbitration. You also agree that you will not initiate, join, or take part in any collective legal action regarding any claim, disagreement, or dispute against TheSoftware, alongside their legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. You also agree to cover TheSoftware’s attorney’s fees and court expenses in seeking such relief. This contract does not waive any of your entitlements and remedies to pursue a claim as an individual and not as part of a collective legal action in the binding arbitration as mentioned earlier. The portion preventing you from initiating, joining, or taking part in collective legal actions is an independent agreement. If any part of the contract is deemed invalid or unenforceable, that part will be interpreted in adherence with the applicable law, while the remaining parts will continue to be effective and valid.