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Terms of Service
Acceptance
directory.softensive provides its service to you, subject to the following Terms of Service,
which may be updated without notice.
Description of Service
directory.softensive provides users with access to a directory of the internet’s websites
(the "Directory"). You understand and agree
that the Directory may include advertisements, sponsored links, promotional listings,
or paid placement. Unless explicitly stated otherwise, any new features enhancing
the current Directory shall be subject to the Terms of Service.
Indemnity
You agree to indemnify and hold directory.softensive and its subsidiaries, affiliates,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Sites you submit, or make available through the Directory,
your use of the Directory, your connection to the Directory, your violation of
the Terms of Service, or your violation of any rights of another.
General Practices
You acknowledge that directory.softensive may establish general practices and limits concerning
use of the Directory. You agree that directory.softensive has no responsibility or liability for
the deletion or failure to store any messages and other communications or other
Sites maintained or transmitted by the Directory. You acknowledge that directory.softensive reserves
the right to deactivate accounts that violate our terms of servce.
You further acknowledge that directory.softensive reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without notice.
Modifications and Termination of Directory
directory.softensive reserves the right at any time to modify or discontinue, temporarily or
permanently, the Directory (or any part thereof) with or without notice. You agree
that directory.softensive shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Directory.
Links
The Directory provides links to other Internet sites or sources.
Because directory.softensive has no control over such sites, you acknowledge and
agree that directory.softensive is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that directory.softensive shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or services available
on or through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE DIRECTORY IS AT YOUR SOLE RISK. directory.softensive EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
directory.softensive MAKES NO WARRANTY THAT
(1) THE DIRECTORY WILL MEET YOUR REQUIREMENTS,
(2) THE DIRECTORY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECTORY WILL BE ACCURATE OR RELIABLE
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE DIRECTORY WILL MEET YOUR EXPECTATIONS.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM directory.softensive OR THROUGH THE DIRECTORY
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT directory.softensive SHALL NOT BE LIABLE FOR ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE DIRECTORY;
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE DIRECTORY
(3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DIRECTORY; OR
(4) ANY OTHER MATTER RELATING TO THE DIRECTORY.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General
The Terms of Service constitute the entire agreement between you and directory.softensive,
superceding any other agreements between you and directory.softensive.