Terms of use
ACCEPTANCE OF TERMS
1st Custom Software, Inc. (“1st Custom Software, Inc.”) makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by 1st Custom Software, Inc. and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that 1st Custom Software, Inc. may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
1st Custom Software, Inc. reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, 1st Custom Software, Inc. and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Services. When using Services on this Site that are offered by 1st Custom Software, Inc., you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by 1st Custom Software, Inc., this Site also makes available materials, information, and services provided by third parties (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate license agreements that accompany such services. 1st Custom Software, Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by 1st Custom Software, Inc.. You agree that you will not hold 1st Custom Software, Inc. responsible or liable with respect to the Third-Party Services or seek to do so.
Use of software. The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of 1st Custom Software, Inc. and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated herein by this reference. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Use of 1st Custom Software, Inc. Content and User Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the 1st Custom Software, Inc. Content and User Content available on this Site subject to the following conditions:
1. The 1st Custom Software, Inc. Content and User Content may be used solely for personal, informational, and internal purposes.
2. The 1st Custom Software, Inc. Content and User Content may not be modified or altered in any way.
3. The 1st Custom Software, Inc. Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the 1st Custom Software, Inc. Content and User Content.
5. 1st Custom Software, Inc. reserves the right to revoke the authorization to view, download, and print the 1st Custom Software, Inc. Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from 1st Custom Software, Inc..
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the 1st Custom Software, Inc. Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of 1st Custom Software, Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of 1st Custom Software, Inc. or such third party that may own the Marks. 1st Custom Software, Inc. and the 1st Custom Software, Inc. logo are trademarks of 1st Custom Software, Incorporated.
For a current list of 1st Custom Software, Inc.’s Marks, as well as certain third-party Marks, please refer to trademark information.
PROHIBITED COMMUNICATIONS
You may submit only User Content or Design Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree:
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
not to create a false identity;
not to use or attempt to use another’s account, password, service, or system without authorization from 1st Custom Software, Inc.;
not to access or attempt to access any Design Content which you are not authorized to access;
not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, 1st Custom Software, Inc. reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, 1st Custom Software, Inc. reserves the right to delete or remove Design Content if the relevant subscription has expired or lapsed or if 1st Custom Software, Inc. has a good faith belief that the user posting such Design Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of 1st Custom Software, Inc. or others.
1st Custom Software, Inc. may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, 1st Custom Software, Inc. will have no liability related to User Content or Design Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. 1st Custom Software, Inc. also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Design Content.
USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND 1ST CUSTOM SOFTWARE, INC. OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 1ST CUSTOM SOFTWARE, INC. MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. 1st Custom Software, Inc. MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND 1ST CUSTOM SOFTWARE, INC. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) 1ST CUSTOM SOFTWARE, INC. DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) 1st Custom Software, Inc. MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) 1ST CUSTOM SOFTWARE, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE 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. 1ST CUSTOM SOFTWARE, INC. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1ST CUSTOM SOFTWARE, INC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and may contain references to 1st Custom Software, Inc. products, services, and programs that are not available in your country. These references do not imply that 1st Custom Software, Inc. intends to announce such products, services, or programs in your country.
The Site is controlled, operated, and administered by 1st Custom Software, Inc. from its offices within the United States of America. 1st Custom Software, Inc. makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
PERSONAL INFORMATION AND PRIVACY
To learn about how 1st Custom Software, Inc. protects your personal information, such as your name and address, refer to the 1st Custom Software, Inc. Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of Design Content and certain types of User Content, any non-personal information or material sent to 1st Custom Software, Inc. will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of 1st Custom Software, Inc. or others, or as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL 1ST CUSTOM SOFTWARE, INC., ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT 1ST CUSTOM SOFTWARE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
1ST CUSTOM SOFTWARE, INC. USER TO USER FORUMS
In addition to these Terms of Use, users of the 1st Custom Software, Inc. User to User Forums must agree to a separate legal agreement located within the Forums registration area of the Site. Your access to the User to User Forums will be denied for violation of either the Terms of Use or the agreement located within the Forums registration area of the Site. In particular, you should be familiar with the Section titled “PROHIBITED COMMUNICATIONS” in that agreement and conduct your activities accordingly.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
1st Custom Software, Inc. will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide 1st Custom Software, Inc.’s Copyright Agent a Notice containing the following elements: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the 1st Custom Software, Inc. site;
4. information sufficient to permit 1st Custom Software, Inc. to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
1st Custom Software, Inc.’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail:
1st Custom Software, Inc.
3241 Hidden Cove Circle
Norcross, GA 30092
By telephone: (800) 815-0726
By e-mail: copyright@1stcustomsoftware.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of 1st Custom Software, Inc. software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, 1st Custom Software, Inc. software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading an 1st Custom Software, Inc. software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All 1st Custom Software, Inc. products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §2.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
INDEMNITY AND LIABILITY
You agree to indemnify and hold 1st Custom Software, Inc., and its subsidiaries, affiliates, officers, 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 content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any member of your Work Group, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by 1st Custom Software, Inc. from its offices within the state of Georgia, United States of America. By accessing this Site, you and 1st Custom Software, Inc. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C’est la volont expresse des Parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais.
GENERAL
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between 1st Custom Software, Inc. and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by 1st Custom Software, Inc. to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.