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The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ

Thank you for visiting the website (referred to as the "Website") where you discovered the link to these Terms Of Use. The Website is an online property owned by TheSoftware (collectively referred to as "TheSoftware," "we," and "us"). Your acceptance and agreement to comply with these Terms of Use are binding when you: (a) access the Website; (b) register for newsletters, subscribe to mailing lists, or request information through the Website ("Subscription Services"); (c) sign up for promotions, contests, and sweepstakes offered by TheSoftware from time to time ("Contests"); (d) become a member or attempt to join an affiliate program or other featured membership organization on the Website ("Membership Services"); and/or (e) purchase a product and/or service through the Website ("Vendor Services"). These services, including Subscription Services, Membership Services, and Vendor Services, collectively form the "Services." TheSoftware's Privacy Policy ("Privacy Policy"), the Official Contest Rules for each Contest, TheSoftware's Purchase Agreement(s) ("Purchase Agreement"), TheSoftware's Membership Agreement(s) ("Membership Agreement"), as well as any other operating rules, policies, price schedules, and additional terms and conditions or documents that may be periodically published, are explicitly incorporated into this Agreement. We kindly ask you to carefully review the complete terms of this Agreement. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or the Website in any manner or form.

TheSoftware expressly prohibits access to the Website and/or Services by any individual covered by the Children's Online Privacy Protection Act of 1998, as amended ("COPPA"). TheSoftware retains the discretion to deny access to the Services and/or Website to any individual at its sole and exclusive discretion.

SCOPE AND MODIFICATION OF THE AGREEMENT

By utilizing the Website, you hereby consent to adhere to the terms and conditions set forth in the Agreement. This Agreement stands as the comprehensive and exclusive understanding between you and TheSoftware concerning your utilization of the Website, and it supersedes any prior or contemporaneous agreements, representations, warranties, or understandings related to the Website. We retain the right to make modifications to the Agreement at our discretion, without the need for specific notice. The most recent version of the Agreement will be published on the Website, and it is incumbent upon you to review it before utilizing the Website. Your continued usage of the Website and/or Services signifies your acceptance of all the terms and conditions outlined in the Agreement at that time. Therefore, we strongly recommend that you regularly check this page for any updates or revisions.

REQUIREMENTS

The Website and its Services are accessible solely to individuals who possess the legal capacity to engage in binding contracts in accordance with applicable laws. These offerings are not intended for use by individuals who are under the age of eighteen (18). If you happen to be under the age of eighteen (18), you are not permitted to use or gain access to the Website and its Services.

DESCRIPTION OF THE SERVICES
Subscription Services

Subject to the terms and conditions of the Agreement, upon registering on the Website and receiving approval from TheSoftware, you may access, either for a fee or at no cost, the Subscription Services. These Subscription Services will provide you with email content, text, and other materials ("Subscription Content") related to online marketing, supplied by TheSoftware and its third-party partners ("Third Party Providers"). If you wish to stop receiving Subscription Content, you can do so by contacting us at [email protected]. The Subscription Content includes comments, opinions, and materials from TheSoftware and Third Party Providers, and should be used with caution and discretion. You acknowledge that TheSoftware has no obligations or liabilities regarding this Subscription Content. TheSoftware does not guarantee the accuracy, completeness, or suitability of the Subscription Content provided with the Subscription Services. You also acknowledge that TheSoftware is not responsible for any issues you may encounter while using the Subscription Services or Subscription Content. Furthermore, TheSoftware is not liable for any claims related to the Subscription Services, whether by you, end-users, or third parties.

Membership Services

In accordance with the terms and conditions outlined in both the Agreement and the Membership Agreement, upon successful registration on the Website and acceptance of the Membership Agreement, you have the opportunity to enroll in one of the various Membership programs offered by MTS Advertise OU. These programs may be available for a fee or free of charge, and you can access a copy of the Membership Agreement on the specific Membership website. The Membership programs provided by TheSoftware offer Members access to a wealth of content, text, and additional materials collectively referred to as "Member Content." This content is curated by TheSoftware in collaboration with select Third Party Providers, with the primary aim of assisting Members in their online marketing endeavors. It's important to exercise caution and discretion when utilizing Member Content, which may include comments, opinions, and materials from both TheSoftware and Third Party Providers. It's essential to acknowledge that TheSoftware assumes no obligations or liabilities concerning this Member Content. TheSoftware cannot guarantee the accuracy, completeness, or suitability of the Member Content provided as part of the Membership Services. Additionally, you should be aware that TheSoftware bears no responsibility or liability for any challenges or issues you may encounter while utilizing the Membership Services or Member Content. Furthermore, it's crucial to understand and agree that TheSoftware is not held responsible for any claims arising from the Membership Services, whether originating from you, end-users, or third parties.

Vendor Services

By completing the relevant purchase order forms, you can obtain or attempt to obtain specific products and/or services through the Website. The descriptions of these products and/or services on the Website are typically provided directly by the manufacturers or distributors who serve as Third Party Providers for these items. TheSoftware does not assure the accuracy or comprehensiveness of these descriptions. You acknowledge that TheSoftware bears no responsibility for any issues arising from your acquisition of products and/or services through the Website or for any disputes involving the sellers, distributors, and end-user consumers of these products. Furthermore, you comprehend and consent that TheSoftware is not accountable to you or any third party for any claims associated with the products and/or services offered on the Website.

General

When registering for our Services, you may need to furnish specific information, including, but not limited to: (a) your full name; (b) company name; (c) email address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card details; and/or (i) any other particulars as requested on the relevant registration form ("Service Registration Data"). It is your responsibility to provide accurate, current, and complete Service Registration Data. TheSoftware retains the right to reject any Service Registration Data if it determines, at its sole discretion, that: (i) you are violating any aspect of the Agreement; and/or (ii) the Service Registration Data you supplied is incomplete, fraudulent, duplicate, or otherwise unacceptable. TheSoftware may alter the Registration Data requirements at its discretion at any time.

Unless expressly stated otherwise, any future offers presented to you on the Website that extend or enhance the existing features of the Website will be governed by the Agreement. You acknowledge and accept that TheSoftware is not accountable for any issues arising from your use of or eligibility for the Services. Additionally, you understand and agree that TheSoftware is not responsible for any modifications, suspensions, or discontinuations of Services, products, or promotions offered by TheSoftware or its Third Party Providers. In the event that MTS Advertise OU terminates the Agreement or any Services, MTS Advertise OU holds no liability or obligation towards you. You recognize that your decision to refrain from using the Website is your sole recourse in the event of a dispute with TheSoftware.

CONTESTS

At regular intervals, TheSoftware conducts Contests featuring promotional prizes and rewards. By submitting accurate information through the relevant Contest registration form and agreeing to the Official Contest Rules specified for each Contest, you become eligible to participate and stand a chance to win the promotional prizes on offer. To participate in these Contests on the Website, you must accurately complete the designated entry form. It is imperative that you provide truthful, current, and comprehensive Contest Registration Data. TheSoftware retains the right to reject any Contest Registration Data that it deems, at its sole discretion, to be in violation of any aspect of the Agreement or incomplete, fraudulent, duplicated, or otherwise unacceptable. The criteria for Registration Data may be adjusted by TheSoftware at its discretion.

LICENSE GRANT

As a user of the Website, you are granted a non-exclusive, non-transferable, revocable, and limited license to access and utilize the Website, its Content, and associated materials, subject to the terms of the Agreement. TheSoftware retains the discretion to terminate this license without prior notice. Your usage of the Website and Content is limited to a single computer for personal, non-commercial purposes only. Reproduction of any part of the Website, Content, Contests, or Services in any form or integration into any electronic or mechanical information retrieval system is strictly prohibited. Usage, copying, emulation, cloning, renting, leasing, selling, modification, decompilation, disassembly, reverse engineering, or transfer of the Website, Content, Contests, or Services, in whole or in part, is not permitted. TheSoftware reserves all rights not expressly granted in the Agreement. Any attempt to disrupt the proper functioning of the Website using devices, software, or routines is prohibited. Additionally, actions that place an undue or disproportionately large burden on TheSoftware's infrastructure are prohibited. Your right to use the Website, Content, Contests, or Services is non-transferable.

PROPRIETARY RIGHTS

The Website, Content, Contests, and Services, including their content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, and all other related aspects, are protected by applicable copyrights, trademarks, and various other proprietary rights, including intellectual property rights. It is explicitly forbidden for you to engage in copying, redistribution, publication, or sale of any part of the Website, Content, Contests, and/or Services. Any systematic retrieval of material from the Website, Content, Contests, and/or Services through automated methods or any form of scraping or data extraction, aimed at creating or compiling a collection, compilation, database, or directory, without prior written consent from TheSoftware, is strictly prohibited. Your access to the content, documents, software, services, or any other materials on the Website, Content, Contests, and/or Services does not confer upon you any ownership rights. The posting of information or materials on the Website or through the Services by TheSoftware does not relinquish any rights to such information and/or materials. The trademarks, including the name and logo of TheSoftware, as well as all associated graphics, icons, and service names, are the property of TheSoftware. Unauthorized use of these trademarks without explicit written consent from the respective owner is strictly prohibited.

HYPERLINKING TO THE WEBSITE, CO-BRANDING, “FRAMING” AND/OR REFERENCING THE WEBSITE PROHIBITED

Hyperlinking the Website or any of its components, such as logos, trademarks, branding, or copyrighted material, to their own website or web platform is strictly prohibited without explicit authorization from TheSoftware. Furthermore, framing the Website or referring to its Uniform Resource Locator (URL) in any commercial or non-commercial media is not allowed without prior written consent from TheSoftware. You are committed to collaborating with the Website in promptly discontinuing any such content or activity, if it arises. It is understood that you accept responsibility for any damages arising from such actions.

EDITING, DELETING AND MODIFICATION

We retain the authority, at our exclusive discretion, to modify or remove any documents, information, or other content that is visible on the Website.

DISCLAIMER

The Website, Services, Contests, Content, any third-party products received from our third-party providers, and any other products and services applied for via the Website are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, to the fullest extent permitted by applicable law. This includes, but is not limited to, warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. Specifically, TheSoftware does not warrant that: A) The Website, Services, Contests, Content, any third-party products from our providers, and/or any other products and services applied for through the Website will meet your requirements. B) The Website, Services, Contests, Content, any third-party products from our providers, and/or any other products and services applied for through the Website will be uninterrupted, timely, secure, or error-free. C) You will qualify for the Contests and/or Services. D) The results obtained from using the Website, Services, Contests, Content, any third-party products from our providers, and/or any other products and services applied for through the Website will be accurate or reliable. These offerings may contain bugs, errors, problems, or other limitations. We are not responsible for the availability of the underlying internet connection associated with the Website. Any advice or information obtained from TheSoftware, its third-party providers, or otherwise through the Website shall not create any warranty not expressly stated in the Agreement.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitors who download information from the Website do so at their own risk, and TheSoftware makes no guarantee that such downloads are free from potentially harmful computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

You explicitly comprehend and consent that TheSoftware shall not be held accountable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, which include, but are not limited to, damages for the loss of profits, goodwill, use, data, or any other intangible losses (even if TheSoftware has been informed of the likelihood of such damages). This restriction is applicable to all legal claims, encompassing breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and all other forms of torts. To the maximum extent allowed by law, TheSoftware's liability is capped at five hundred dollars ($500.00) under any and all circumstances.

INDEMNIFICATION

You consent to indemnify and absolve TheSoftware, its parent and subsidiary companies, associates, and all of their respective members, officers, directors, employees, agents, co-branders, and partners from any claims, expenses (comprising reasonable attorney fees), damages, suits, costs, demands, and judgments asserted by third parties due to or arising from: (a) your utilization of the Website, Services, Content, and/or participation in any Contest; (b) your violation of the Agreement; and/or (c) your infringement upon the rights of another individual or entity. These clauses serve the interests of TheSoftware, its parent and subsidiary companies, associates, and their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and legal representatives. Each of these individuals and entities possesses the authority to assert and enforce these clauses directly against you in their own capacity.

THIRD PARTY WEBSITES

The Website might include links to, or direct you to, various other online sites and resources, including those operated by Third Party Providers. Given that TheSoftware does not have control over these third-party websites and resources, you recognize and consent that TheSoftware holds no responsibility for their accessibility. Furthermore, TheSoftware does not provide endorsement, and bears no responsibility or liability for, any terms and conditions, privacy policies, content, advertising, services, products, and/or any other materials encountered on or obtainable via such third-party websites or resources, nor for any associated damages and/or losses.

PRIVACY POLICY/VISITOR INFORMATION

Your utilization of the Website, along with any remarks, input, details, Registration Data, and/or content you provide via or associated with the Website, are subject to our Privacy Policy. We maintain the authority to employ all information related to your Website usage and any additional personally identifiable data you provide, in accordance with the principles set forth in our Privacy Policy. To view our Privacy Policy, kindly click this link.

LEGAL WARNING

Any attempt by an individual, whether or not they are a customer of TheSoftware, to damage, interfere with, manipulate, deface, or otherwise disrupt the operation of the Website constitutes a violation of both criminal and civil laws. TheSoftware will vigorously pursue all available legal and equitable remedies against any person or entity engaged in such activities to the fullest extent permitted by the law.

CHOICE OF LAW/VENUE

Any disputes arising from or related to the Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles. Any arbitration award shall be final and binding upon the parties, and a judgment based on such award may be entered in any court with jurisdiction. This provision does not preclude any party from seeking injunctive relief to safeguard its rights while awaiting the arbitration outcome. You agree not to participate in class-action lawsuits against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents. Furthermore, you agree to reimburse TheSoftware for its attorney's fees and court costs incurred in pursuing such relief. This provision does not waive your right to pursue an individual claim through binding arbitration. If any part of the Agreement is deemed invalid or unenforceable, that part shall be construed in accordance with applicable law, and the remaining provisions shall remain in full force and effect.