Softarex Technologies Terms of Service
ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY SOFTAREX TECHNOLOGIES THROUGH THE WEBSITES. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH SOFTAREX TECHNOLOGIES AND USE OF THE SERVICES PROVIDED THROUGH THE SOFTAREX TECHNOLOGIES' WEBSITES. SOFTAREX TECHNOLOGIES HEREBY REQUESTS THAT YOU ACCEPT THIS TERMS OF SERVICE AGREEMENT. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITES INDICATES THAT YOU ACCEPT THIS TERMS OF SERVICE AGREEMENT. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE AGREEMENT, DO NOT USE THE WEBSITES OR SERVICES.
Acceptance of Terms of Service
This Terms of Service Agreement (the "Agreement" or "Terms of Service") is a legally-binding agreement between you, either an individual or an entity ("you" or "user"), and Softarex Technologies, Inc., a Virginia corporation and its affiliates ("Softarex Technologies"), regarding use of the websites located at: www.codenforcer.com, www.softarex.com and www.gigzone.com (together, the "Websites") and the Services, as defined below. Softarex Technologies makes the Websites and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Websites and Services (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document. By accessing and using the Websites and Services you agree to be bound by and to accept this Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Websites.
If you do NOT agree to all the terms and conditions in this Terms of Service, you should NOT use the Websites or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Websites or Services, then you should NOT use the part of the Websites or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future Softarex Technologies' service or visit the Websites or obtain any products or services, whether free of charge or for payment, provided by Softarex Technologies, you will be subject to the guidelines and conditions applicable to such products or services.
This Terms of Service may be amended by Softarex Technologies at any time upon notice provided by a posting on the main page of the Websites.
Please check this Terms of Service regularly to ensure that you are aware of all terms governing your use of the Websites and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to this Terms of Service or, where inconsistent with this Terms of Service such specific terms will supersede this Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with this Terms of Service.
Softarex Technologies reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. Softarex Technologies also reserves the right to terminate or restrict your access to the Websites and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
Softarex Technologies is a software outsourcing company providing software development services.
You agree to use the Websites and Services only for the purposes permitted by this Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. SOFTAREX TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITES AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Websites and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Softarex Technologies is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the Websites and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by Softarex Technologies or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Websites or Services (or the servers and networks which are connected to the Websites or Services).
Further, you agree:
- not to disrupt or interfere with any other user's enjoyment of the Websites or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Websites or Services any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
- not to disrupt or interfere with the security of, or otherwise cause harm to the Websites, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or Services or any affiliated or linked sites.
Softarex Technologies may provide technical support for users subject to terms and condition of a subsequent agreement executed between Softarex Technologies and you or as otherwise provided by Softarex Technologies upon your registration and creation of an account with Softarex Technologies. In order to receive technical support from Softarex Technologies, the user seeking such support must request such support by contacting Softarex Technologies at: [email protected]. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc.). Softarex Technologies will make reasonable efforts to respond to such requests in a timely manner, however Softarex Technologies will have no obligation to respond to any technical support request. The user shall cooperate with Softarex Technologies when seeking technical support services by providing information necessary to assist Softarex Technologies or requested by Softarex Technologies while diagnosing or resolving the issue. Although Softarex Technologies cannot guarantee that a technical support issue will be resolved, Softarex Technologies will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
Term and Termination
The term of this Terms of Service ("Term") shall begin when you start using the Websites or Services and shall continue in perpetuity unless otherwise terminated by Softarex Technologies or you by written notice. Softarex Technologies reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, you must immediately cease using the Websites and the Services including, without limitation, any use of Softarex Technologies' trademarks, trade names, copyrights and other intellectual property.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE ANY OF SOFTAREX TECHNOLOGIES' APPLICATIONS, WEBSITES, OR SERVICES IN ANY WAY
Links to Other Sites and Third Party Materials
The Websites and Services may include links to other Websites and/or third party products that are not under Softarex Technologies' control (collectively, "Third Party Materials"). Softarex Technologies shall not be responsible in any way for such Third Party Materials. Softarex Technologies provides such links only for the convenience of the users of the Websites and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Softarex Technologies of the content, products and/or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Softarex Technologies hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including, without limitation, Third Party Materials, or otherwise provided on these Websites are the properties of their respective owners. Softarex Technologies disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SOFTAREX TECHNOLOGIES HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITES, SERVICES OR CONTENT. SOFTAREX TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITES, SERVICES OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. SOFTAREX TECHNOLOGIES DOES NOT WARRANT THAT THE WEBSITES, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THESE WEBSITES AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY SOFTAREX TECHNOLOGIES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Softarex Technologies in writing, contractors, agents, dealers or distributors of Softarex Technologies or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITES OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SOFTAREX TECHNOLOGIES ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITES OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITES. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOFTAREX TECHNOLOGIES OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.
The Websites and Services may contain references to specific Softarex Technologies' products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Websites and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Websites and Services at your own risk.
IN NO EVENT SHALL SOFTAREX TECHNOLOGIES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITES OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITES OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITES THAT ARE DELAYED OR INTERRUPTED, EVEN IF SOFTAREX TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST SOFTAREX TECHNOLOGIES PERTAINING TO OR IN CONNECTION WITH THE WEBSITES AND SERVICES MUST BE COMMENCED AND NOTIFIED TO SOFTAREX TECHNOLOGIES IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO SOFTAREX TECHNOLOGIES IN CONNECTION WITH THE WEBSITES AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP-TO-DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SOFTAREX TECHNOLOGIES; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THESE WEBSITES AND THAT IS NOT PROVIDED BY SOFTAREX TECHNOLOGIES DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all items sent, received, downloaded, or purchased from the Websites and Services may be subject to United States Export Controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Websites and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Notice and Procedure for Making Claims of Copyright Infringement
It is Softarex Technologies' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Softarex Technologies' Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying Softarex Technologies and its affiliates that your copyrighted material has been infringed.)
- An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on these Websites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Softarex Technologies' Copyright Agent for notice of claims of copyright infringement on these Websites can be reached as follows:
Name: Dmitri I. Dubograev, Esq.
Address: 901 N. Pitt St., Suite 325
Alexandria, VA 22314
E-mail: [email protected]
Unlawful or Prohibited Use
You may not use the Websites or Services for any purpose that is unlawful, prohibited by this Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Websites or Services. You may not use the Websites or Services in any manner that could damage, disable, overburden, or impair the Websites or Services, or that interferes with any third party's use and enjoyment of the Websites or Services. You agree that you will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Websites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Softarex Technologies to all users of the Websites or Services. You shall not institute, assist, or become involved in an attack upon any Softarex Technologies' server or otherwise attempt to disrupt the Softarex Technologies' servers. ANY ATTEMPT BY YOU TO DAMAGE SOFTAREX TECHNOLOGIES' SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF SOFTAREX TECHNOLOGIES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, SOFTAREX TECHNOLOGIES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify and hold harmless Softarex Technologies, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Terms of Service.
Linking to the Websites
Linking to the Websites is permitted provided that you comply with the following rules. You may link to the home page of the Websites or to any other page on the Websites. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Softarex Technologies endorses or sponsors the linker or its websites, products or services. You must not use Softarex Technologies' intellectual property including but not limited to trademarks, trade names, and copyrights without advance written permission from Softarex Technologies. Furthermore, you agree to remove the link at any time upon Softarex Technologies' request.
Ending Your Relationship with Softarex Technologies
This Terms of Service will continue to apply until terminated by either you or Softarex Technologies or as otherwise provided by the applicable agreement between you and Softarex Technologies. Softarex Technologies reserves the right to terminate this Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Softarex Technologies whatsoever.
You are solely responsible for cancelling your User Account, which you may do by contacting Softarex Technologies at [email protected] or may use appropriate functionality available in user account at www.codenforcer.com or www.gigzone.com for canceling your account.
Softarex Technologies may assign or delegate this Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under this Terms of Service without Softarex Technologies' prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
If the Websites and Services are not available for any period or any time, Softarex Technologies shall not be liable. Softarex Technologies gives no warranties as to the accessibility, performance, or availability of the Websites or Services. Temporary suspension of access to the Websites and Services may occur without notice at our discretion including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond our control. Softarex Technologies reserves the right to suspend the operation of the Websites or Services. You agree that neither Softarex Technologies nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Websites.
Softarex Technologies will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Softarex Technologies.
Agreement to Deal Electronically
All transactions with or through the Websites or Services may, at Softarex Technologies' option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Websites or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
You acknowledge and agree that any violation or breach of this Terms of Service may cause Softarex Technologies immediate and irreparable harm and damages. As a result, Softarex Technologies has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of this Terms of Service. In addition to any and all other remedies available to Softarex Technologies in law or in equity, Softarex Technologies may seek specific performance of any term in this Terms of Service.
This Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Terms of Service is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
This Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Softarex Technologies does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country. Those who access the Websites or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2017 Softarex Technologies, Inc. All rights reserved. The Websites and Services and accompanying products and documentation are the copyrighted property of Softarex Technologies, Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Softarex Technologies™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Softarex Technologies, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Softarex Technologies' or third party trademarks or logos without the prior written consent of Softarex Technologies, Inc. or the applicable trademark owner is strictly prohibited.