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Copyright Notice
The User acknowledges that the information, data, software, photographs,
graphs, video, typefaces, graphics, music, sounds, images, illustrations,
designs, icons and written and other material (collectively, "Content") on
this Site are copyrighted works of First Choice Software, LLC and/or various
third party content providers ("Providers") including accounting software
developers and their resellers. Reproductions or storage of information or
works retrieved from this Site, in all forms, media and technologies now
existing or hereafter developed, is subject to the U.S.
Copyright Act of 1976, Title 17 of the United States Code.
Trademark Notice
The use of any name, trademark, trade name, service mark, logo, symbol or
other proprietary designation or marking of or belonging to any other company
should not be construed by the User as an endorsement or sponsorship of this
Site by any such company. "fcs-software.com", is a service mark of First
Choice Software, LLC.
Terms of Use
In no way is the user of this web site to understand First Choice Software,
LLC. to be the developer or an authorized reseller of any of the products
mentioned on this web site unless explicitly stated. First Choice Software,
LLC. is an authorized reseller of some products on this web site. By accessing
any areas of the First Choice Software, LLC. site ("Site"), users ("Users" or
"you") agree to be legally bound and to abide by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions, YOU MUST NOT
USE THIS SITE.
Acceptable Use
You may only use this Site to make legitimate Requests and shall not use this
Site to make any speculative, false or fraudulent Requests. You represent that
you are of sufficient legal age to create binding legal obligations for any
liability you may incur as a result of your use of this Site.
It is a violation of law to place Requests in a false name or with an invalid
credit card. Please be aware that even if you do not give us your real name,
your web browser transmits a unique internet address to us which can be used
by law enforcement officials to identify you. Fraudulent users will be
prosecuted to the fullest extent of the law.
No Product Warranties
All products, services, advice, merchandise and information available through
this Site are provided on an "as is", "as available" basis without warranties
of any kind, either expressed or implied, including but not limited to,
warranties of title or implied warranties of merchantability or fitness for a
particular purpose.
Without limiting the above, no warranty or guarantee is made
(i) regarding the acceptance of any request for accounting software,
(ii) that a User will receive the lowest available price for accounting
software,
(iii) that use of this Site will be error free,
(iv) regarding the results that may be obtained from the use of this Site, or
regarding the accuracy, reliability or quality of any information content,
service, advice or merchandise provided or available through this Site
including, without limitation, the manufacturer's suggested retail price ("MSRP").
User expressly agrees that the use of this Site is at User's sole risk.
General Limitation of Liability
IN NO EVENT SHALL First Choice Software, LLC. AND THEIR RESPECTIVE AFFILIATES,
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN
CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH ANY USE OF THIS SITE, EVEN IF A First Choice Software, LLC. PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a First Choice Software, LLC. Party is found
liable for any loss or damage relating to the use of this Site, User agrees
that the liability of any such party shall in no event exceed the fee or
charge to the User assessed by First Choice Software, LLC. (if any) for making
a Request.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party (a
"Third Party"), you are responsible for any error in the accuracy of
information provided in connection with such use. In addition, you must inform
the Third Party of all Terms and Conditions applicable to and acquired through
this Site including all rules and restrictions applicable to Requests and
Purchases. Each User using this Site for or on behalf of a Third Party agrees
to indemnify and hold each First Choice Software, LLC. Party harmless from and
against any and all liabilities, losses, damages, suits and claims (including
the costs of defense), relating to the Third Party's or the User's failure to
fulfill any of its obligations as described above. User is directly
responsible for any First Choice Software, LLC. request submitted including
related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered
to a First Choice Software, LLC. Party or in connection with your use of this
Site (collectively, "Comments"), shall be and remain the exclusive property of
First Choice Software, LLC. and may be used by a First Choice Software, LLC.
Party in any medium and for any purpose worldwide without obtaining your
specific consent. For example, use of your Comments could be made on this Site
and in radio, television and print advertisements. Your name may be used with
any Comments you submit. Your information may be passed to another party for
the purposes of resale. No First Choice Software, LLC. Party is under any
obligation to maintain your Comments (and the use of your name with any
comments) in confidence, to pay to you any compensation for any Comments
submitted or to respond to any of your Comments. You agree that you will be
solely responsible for the content of any Comments you make.
Confirmation of First Choice Software, LLC Requests
While First Choice Software, LLC. will use its best efforts to respond within
the time periods indicated on this Site, no guarantee is made that you will
receive an e-mail regarding the status of your First Choice Software, LLC.
Request within the stated processing time.
Termination of Usage
A First Choice Software, LLC. Party may terminate or suspend User access to
all or part of this Site (as well as terminate the processing of any First
Choice Software, LLC Request), at any time, without notice and for any
reason.
Miscellaneous
These Terms and Conditions represent the entire agreement between you and each
First Choice Software, LLC Party regarding your use of this Site and
supersedes any prior statements or representations. The performance of these
Terms and Conditions shall be governed by the internal laws of the State of
Pennsylvania, United States of America. A First Choice Software, LLC Party may
at any time modify these terms and Conditions and your continued use of this
Site will be conditioned upon the Terms and Conditions in force at the time of
your use and posted on this Site. In the event of any conflict with these
terms and conditions and any term or statement elsewhere on this Site, these
terms and conditions shall control. | |
