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These Terms of Use ("Terms") are a legal contract between Web Software Solutions, Inc.,
a New Jersey corporation (referred to as "WebSoftWorks.com"), and you ("You"),
the user accessing and/or using the WebSoftWorks.com web site and/or any of the
products and services provided by WebSoftWorks.com and its Affiliates to "You".
Please read these terms before accessing or using the WebSoftWorks.com web site.
If you do not accept and agree to these "Terms", do not access or use the WebSoftWorks.com web site.
By accessing or using the WebSoftWorks.com web site, "You" signify your acceptance of and agreement
to these "Terms".
1. Conditions
These "Terms" set forth the general terms and conditions
regarding Your access and use of the WebSoftWorks.com Web Site. If "You"
access and/or use any specific products or services of WebSoftWorks.com and its Affiliates,
"You" and WebSoftWorks.com may enter into additional terms and conditions
(referred to as "Additional Terms") applicable to that specific product and/or service
of WebSoftWorks.com and its Affiliates. In the case of
any conflict, inconsistency or ambiguity between these "Terms" and the "Additional Terms",
the "Additional Terms" shall prevail.
2. Privileges
WebSoftWorks.com grants "You" the privilege of accessing, viewing
and printing the Content on the WebSoftWorks.com web site solely for personal
non-commercial use. WebSoftWorks.com may revoke such privilege at any time with or
without notice or reason. "You" acknowledge that all right, title and interest in Content
shall remain in WebSoftWorks.com and Affiliates and/or its third party suppliers of Content.
"You" may not copy, distribute, redistribute, display, license, or reproduce any of
WebSoftWorks.com, or otherwise commercially exploit any Content of WebSoftWorks.com
in any medium. Any use of Content not expressly permitted by these "Terms"
(or by a separate agreement between "You" and WebSoftWorks.com)
can violate United States and/or international law regarding intellectual property rights.
All registered and unregistered trademarks are the property of WebSoftWorks.com or
its third party suppliers.
3. Advertisers and Sponsors
WebSoftWorks.com may at times receive compensation from advertisers and
sponsors, However, WebSoftWorks.com does not endorse the products or
services of our advertisers or sponsors, and makes no representations or warranties about the
products or services of our advertisers or sponsors. "You" are solely responsible for any costs and fees
associated with the purchase of goods and services from our advertisers or sponsors.
4. Third Party Web Sites
The WebSoftWorks.com web site may provide links to other web sites.
The WebSoftWorks.com web site may provide third-party material on its web site.
WebSoftWorks.com may remove/add such third-party material and/or links at any time.
WebSoftWorks.com does not investigate the quality, accuracy or completeness of any content
on Third Party Web Sites. WebSoftWorks.com hereby disclaims any and all Representations
and Warrenties regarding Third Party Web Sites and Information.
"You" also acknowledge and agree that WebSoftWorks.com is not responsible or
liable for any content, advertising, products or other materials on or available from
Third Party Web Sites.
5. Limitations of Liability
"You" acknowledge and agree that any and all disclaimers in these "Terms" and
the provisions of these "Terms" reflect a fair and reasonable allocation of risk
between WebSoftWorks.com and "You".
WebSoftWorks.com and Affiliates assumes no liability and shall not be responsible for
any Errors, Omissions or Misconceptions about the functionality, or the content at the
WebSoftWorks.com web site.
WebSoftWorks.com reserves the right to make changes to this web site at any time
without notice or stated reason. Additionally, WebSoftWorks.com does not Guarantee or Warrant
the Accuracy, Reliability and Competence of any Information, Text, Images, Graphics, Links,
or any items contained within or at the WebSoftWorks.com web site.
WebSoftWorks.com and Affiliates makes no warranties, expressed or implied and disclaims
and negates all other warranties, including without limitation, implied warranties of
merchantability or fitness for a particular purpose, conformity to models or samples,
or any warranties or indemnities against intellectual property infringement.
In no event shall WebSoftWorks.com and Affiliates be liable for any indirect, special,
incidental or consequential damages. WebSoftWorks.com web site and its content are provided "As Is"
and is without warrenty of any kind, either expressly or implied.
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"You" hereby agree that WebSoftWorks.com and Affiliates, and their directors, officers,
employees and agents, shall not be liable to "You" for any damages, claims, demands, causes or actions,
whether in Tort, Contract or Otherwise Agreed upon, whether direct or indirect,
special, incidental, consequential, exemplary or punitive, as a result of the
use of the WebSoftWorks.com web site, its content and/or the products and services provided by
WebSoftWorks.com and its Affiliates. If the foregoing limition is unenforceable for any reason,
"You" agree that the total liability of WebSoftWorks.com and Affiliates to "You", whether in Tort,
Contract or Otherwise Agreed upon, shall not exceed $100. This section states the sole liability of
WebSoftWorks.com and Affiliates, and your exclusive remedy.
6. Indemnity
You agree to indemnify and hold harmless WebSoftWorks.com
and Affiliates and their directors, officers, employees and agents from and against any and all
claims, actions and proceedings and any and all costs, fees (including attorneys' fees), expenses,
settlements, and judgments that result from Your breach of these "Terms".
7. Copyrights, Logos and Trademarks
All Content herein, is copyrighted by WebSoftWorks.com and/or its third party suppliers.
WebSoftWorks.com and its logo are service marks of WebSoftWorks.com.
All other trademarks, logos and service marks are the property of their
respective suppliers. No right is granted by these "Terms" to use any
trademarks or service marks.
8. Additional Conditions
These "Terms", together with any "Additional Terms" and
our Privacy Policy,
constitute the entire agreement between "You" and
WebSoftWorks.com, and supersedes any and all other agreements, representations and
understandings, whether written or oral.
These "Terms" may not be modified or amended by "You".
WebSoftWorks.com may modify or amend these "Terms" and the
Privacy Policy at any time without notice to "You".
"You" should regularly review these "Terms" and the Privacy Policy for any modifications or amendments.
In using the WebSoftWorks.com web site and/or the products and services provided by
WebSoftWorks.com and its Affiliates, "You" signify your complete agreement to any and all
modifications or amendments made in these "Terms" and the Privacy Policy, as amended.
If any clause or provision set forth in these "Terms" is determined to be illegal,
invalid or unenforceable under present or future law, then, "You" understand and agree
that the clause or provision so determined to be illegal, invalid or unenforceable shall
be severable without affecting the enforceability of all remaining clauses or
provisions.
These "Terms" and Your use of the WebSoftWorks.com web site and any of the products
and/or services provided by WebSoftWorks.com and its Affiliates shall be governed
by the laws of the United States of America and the State of New Jersey, without regard to its
conflict or choice of law provisions. "You" acknowledge and agree that New Jersey is an
appropriate place for any litigation and that New Jersey courts
have jurisdiction over these "Terms", any "Additional Terms", and Privacy Policy.
The state courts located in or serving New Jersey shall have exclusive jurisdiction over any
and all claims, disputes or other controversies relating to or arising from these "Terms"
any "Additional Terms", and Privacy Policy, as well as in any use of the
WebSoftWorks.com web site and/or any of the products and services provided
by WebSoftWorks.com and its Affiliates to "You".
"You" hereby expressly consent to the exercise of jurisdiction over "You" by the above mentioned courts.
Additionally, to the fullest extent permitted by applicable law, "You" waive your
right to a jury trial with respect to any action brought under or in connection with these "Terms",
any "Additional Terms", and Privacy Policy as well as in any use of the WebSoftWorks.com web site
and/or any of the products and services provided by WebSoftWorks.com and its Affiliates to "You".
The headings used in these "Terms" are for convenience only and such headings are not to be used
in determining the meaning or interpretation of these "Terms" any "Additional Terms",
and Privacy Policy.
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