The Software WEBSITE TERMS OF USE IMPORTANT – PLEASE READ

Thank you for visiting the website (the “Website”) on which you found the link to these Terms Of Use (the “Website”). The Website is an Internet property of TheSoftware. (referred to collectively as “TheSoftware,” “we” and “us”). You agree to be bound by these TheSoftware Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access the Website; (b) register for a newsletter or subscribe to a mailing list or request information by and through the Website (“Subscription Services”); (c) register to participate in promotions, contests and/or sweepstakes offered by TheSoftware from time to time (each, a “Contest”); (d) join, or attempt to join, an affiliate program or other membership organization featured on the Website (“Membership Services”); and/or (e) order a product and/or service through the Website (“Vendor Services, and together with the Subscription Services and Membership Services, the “Services”). TheSoftware Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, TheSoftware Purchase Agreement(s) (“Purchase Agreement”), TheSoftware Membership Agreement(s) (“Membership Agreement”), as well as any other operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form.

TheSoftware SPECIFICALLY DENIES ACCESS TO THE WEBSITE AND/OR SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, AS AMENDED (“COPPA”). TheSoftware RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.

SCOPE AND MODIFICATION OF THE AGREEMENT

The terms and conditions of the Agreement apply to your use of the Website. The Agreement is the only agreement between you and TheSoftware regarding the Website and it replaces any previous or concurrent agreements, representations, warranties, and/or understandings about the Website. We may change the Agreement at our discretion, without notifying you directly. The most recent version of the Agreement will be posted on the Website, so it is important for you to read it before using the Website. By continuing to use the Website and/or Services, you agree to follow all the terms and conditions in the current Agreement. Therefore, it is recommended that you regularly check this page for any updates or changes.

REQUIREMENTS

The Website and Services are only for individuals who can legally enter into contracts according to the applicable law. The Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under eighteen (18) years old, you are not allowed to access or use the Website and/or Services.

DESCRIPTION OF THE SERVICES

Subscription Services

Subject to the terms and conditions of the Agreement, if you register on the Website and get approval from TheSoftware, you can obtain, for a fee or for free, the Subscription Services. These services will provide you with e-mail content, text, and other materials (referred to as “Subscription Content”) that are relevant to online marketing, and are provided by TheSoftware and its Third Party Providers. If you wish to stop receiving the Subscription Content, you can email us at [email protected]. However, please note that the Subscription Content might include comments, opinions, and other materials that are not necessarily reliable. Therefore, it is advised to use caution, common sense, and ensure your safety when utilizing the Subscription Content and/or Subscription Services. TheSoftware shall not be obligated and shall not incur any liabilities to you in relation to such Subscription Content. Additionally, TheSoftware does not guarantee that the Subscription Content offered in connection with the Subscription Services is accurate, complete, or suitable.

Membership Services

Subject to the terms and conditions of the Agreement and the Membership Agreement, if you register on the Website, agree to the Membership Agreement, and get approval from TheSoftware, you can obtain, for a fee or for free, a Membership in one of the various Membership programs offered by MTS Advertise OU. For a copy of the Membership Agreement, please visit the specific Membership website. TheSoftware Membership programs will give you access to content, text, and other materials (referred to as “Member Content” and together with the Subscription Content, the “Content”) that are provided by TheSoftware and certain Third Party Providers. These materials are designed to assist Members in their online marketing endeavors. However, it is important to note that the Member Content might include comments, opinions, and other materials that should not necessarily be relied upon, as they are provided by TheSoftware Third Party Providers.

Vendor Services

By completing the relevant purchase order forms, you can acquire, or attempt to acquire, specific products and/or services from the Website. The Website displays products and/or services with descriptions provided directly by the manufacturers or distributors who are Third Party Providers. The accuracy or completeness of these descriptions is not guaranteed by TheSoftware. It is understood and agreed that TheSoftware assumes no responsibility or liability for your inability to obtain products and/or services from the Website or for any disputes with the sellers, distributors, or end-user consumers of the products. It is further understood and agreed that TheSoftware shall not be held liable to you or any third party for any claims related to the products and/or services offered on the Website.

General

In order to register for the Services, you may be required to provide certain information, which may include, but is not limited to:(a) your full name; (b) company name; (c) email address; (d) mailing address (and separate billing address, if applicable); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card information; and/or(i) any other information specified on the registration form (“Service Registration Data”).

Unless explicitly stated otherwise, any future offers made available to you on the Website that add to or enhance the current features of the Website will be subject to the Agreement. It is understood and agreed that TheSoftware will not be held responsible or liable for your inability to use and/or qualify for the Services. It is further understood and agreed that TheSoftware shall not be held liable to you or any third party for any changes, interruptions, or discontinuations of the Services or any other product.

CONTESTS

Contests are offered by TheSoftware periodically, providing promotional prizes and other awards. To have a chance to win these prizes, you must provide accurate information on the Contest registration form and agree to the Official Contest Rules. Complete the appropriate entry form to participate in the Contests listed on the Website. It is mandatory to provide true, accurate, current, and complete Contest Registration Data.

LICENSE GRANT

As a user of the Website, you are granted a limited, revocable, non-transferable, and non-exclusive license to access and use the Website, Content, and associated material in accordance with the Agreement. TheSoftware reserves the right to terminate this license for any reason, at any time. You may only use the Website and Content on one computer for personal, non-commercial purposes. Any reproduction of the Website, Content, Contests, and/or Services, in whole or in part, in any form or by any means, electronic or mechanical, is strictly prohibited. You may not copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests, and/or Services, or any portion thereof.

PROPRIETARY RIGHTS

The Website, Content, Contests, and Services are subject to copyright, trademark, and other proprietary rights. You are not allowed to copy, redistribute, publish, or sell any part of the Website, Content, Contests, and/or Services. Retrieving material from the Website, Content, Contests, and/or Services through automated means or any form of scraping or data extraction to create a collection, compilation, database, or directory without permission from TheSoftware is prohibited. You do not own any content, document, software, services, or materials viewed on or through the Website, Content, Contests, and/or Services.

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

Without express authorization from TheSoftware, no one can hyperlink the Website, or portions thereof, to their own website or web venue. “Framing” the Website and/or referencing its Uniform Resource Locator (“URL”) in commercial or non-commercial media without prior written permission from TheSoftware is strictly prohibited. You agree to cooperate with the Website in removing or ceasing any such content or activity. You acknowledge that you will be held responsible for any associated damages.

EDITING, DELETING AND MODIFICATION

We have the authority to modify or delete any documents, information or other content 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 through the Website are provided on an “as is” and “as available” basis. We fully disclaim all warranties, both express and implied, to the extent permissible by applicable law. This includes, but is not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. More specifically, we do not guarantee that: (A) the Website, Services, Contests, Content, any third-party products received from our Third-Party Providers, and any other products and services applied for through the Website will meet your requirements.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

When visitors download information from the Website, they do so at their own risk. TheSoftware does not provide any guarantee that these downloads are free from computer codes that may corrupt, including viruses and worms.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheSoftware WILL NOT BE HELD 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). This exclusion of liability applies to the fullest extent permitted by law and covers: (A) the use or inability to use the Website, Services, Contests, Content, any third party products received from our third party providers, and/or any other products and/or services applied for through the Website; (B) the cost of acquiring 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 the same;

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.

THIRD PARTY WEBSITES

The Website may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because TheSoftware has no control over such third-party websites and/or resources, you hereby acknowledge and agree that TheSoftware is not responsible for the availability of such third-party websites and/or resources. Furthermore, TheSoftware does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third-party websites or resources, or for any damages and/or losses arising therefrom.

PRIVACY POLICY/VISITOR INFORMATION

Use of the Website, and all comments, feedback, information, Registration Data and/or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please Click Here.

Any attempt made by any individual, regardless of whether they are a TheSoftware customer, to cause harm, destroy, tamper with, vandalize, or otherwise disrupt the functioning of the Website, is considered a violation of criminal and civil law. TheSoftware will vigorously pursue all available legal and equitable remedies against any person or entity found to be responsible for such actions, to the maximum extent permitted by law.

CHOICE OF LAW/VENUE

Any disputes arising from or relating to the Agreement will be governed by and interpreted in accordance with the laws of Estonia, without regard to conflicts of law principles. Any resulting judgment will be final and binding on the parties and can be enforced in any court with jurisdiction. This provision does not limit any party from seeking injunctive relief to protect their rights while arbitration is pending. You agree that, to the extent permitted by law, you will not participate in any class action lawsuit against TheSoftware, its legal representatives, affiliates, subsidiaries, parents, agencies, and their respective members, officers, directors, employees, and agents for any claims, disputes, or controversies. You also consent to the granting of injunctive relief to halt such a lawsuit or remove you as a participant in the lawsuit.