Terms of Service for SoftwareMatch Users

Please read this Terms of Service document carefully before accessing or using the service. This service, located at www.SoftwareMatch.com (the "Site"), is owned and operated by SoftwareMatch Inc. (“SoftwareMatch”) and is made available to you under these terms of service ("Terms").

By accessing or using the service, you agree that you have read and understand this Agreement and all of its contents, intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions in this Agreement.

If you do not wish to be bound by these terms and conditions, you may not access or use the service. SoftwareMatch may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.

This service is provided for general educational, informational, and research purposes only and is not an endorsement, recommendation, or guarantee of any service, product, or professional. SoftwareMatch is an Internet forum that facilitates communication between software vendors and VAR organizations and potential users of software products and services. SoftwareMatch acts as a venue for providers and purchasers of software products and services to exchange information with the goal of eventually forming a professional relationship. SoftwareMatch does not guarantee that users will successfully find a software vendor or VAR organization through this system. SoftwareMatch takes no position and offers no opinion on when or if a software vendor-user relationship has been formed.

No advice or information, whether oral or written, obtained by you from SoftwareMatch or through or from the service shall create any warranty not expressly stated in the Terms of Service. SoftwareMatch shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the service, and shall not be responsible or liable for any decisions based on such information.

SoftwareMatch is not involved in any transactions between individuals visiting the Site ("Users") and the vendors or VAR organizations who receive matches as a result of information provided by Users on the Site. SoftwareMatch has no control over the quality or legality of any services provided by the software vendor or VAR organizations to the Users or the quality or suitability of a given software vendor or VAR organization for a given User.

You are encouraged to personally interview, obtain references and reach an independent decision about your choice of a software vendor or VAR organization. SoftwareMatch receives a fee from software vendors and VAR organizations listed in the service. Selection of a software vendor or VAR organization is your sole responsibility. SoftwareMatch does not provide software products, services or support of any kind.

By submitting personal information through the Site, you grant permission for SoftwareMatch to provide this information to select software vendors or VAR organizations. SoftwareMatch will use this information to allow the selected software vendors or VAR organizations to make contact with you. We may also contact you directly to discuss your satisfaction with the service, but we will not provide your contact information to anyone else except if required by law.

The information on this Site is provided in good faith, but you should not rely on it without making your own independent assessment of it. To the extent permitted by law, SoftwareMatch gives no warranty as to the accuracy, currency, reliability or completeness of any information contained on this Site.

SoftwareMatch may occasionally post the advertisements of third parties on this Site or in email communications. The acceptance by SoftwareMatch of advertising is not intended as and does not in any manner constitute a recommendation, endorsement, or approval by SoftwareMatch. SoftwareMatch shall not be liable for any loss or damage of any sort incurred as a result of any dealings with any advertiser or as the result of the presence of such advertisers on the Site or as a result of any dealings between you and any software vendor or VAR organization.

You expressly absolve and release SoftwareMatch from any claim of harm resulting from a cause beyond SoftwareMatch’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

SOFTWAREMATCH MAY MAKE AVAILABLE TO YOU ON THE SITE OR OTHERWISE CERTAIN INFORMATION, PRODUCTS AND SERVICES. WHILE SOFTWAREMATCH ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, SOFTWAREMATCH MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. SOFTWAREMATCH EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH WHICH OF THE SOFTWARE VENDORS OR VAR ORGANIZATIONS OR USERS YOU OR ANYONE ELSE IS POTENTIALLY MATCHED AND THE MANNER/PROCESS USED IN SUCH POTENTIAL MATCHING.

YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE OR INFORMATION OTHERWISE PROVIDED TO YOU BY SOFTWAREMATCH OR OBTAINED AS A RESULT OF YOUR USE OR OTHER INVOLVEMENT WITH THE SITE (THE "AVAILABLE INFORMATION"). SOFTWAREMATCH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE OR THE OTHER AVAILABLE INFORMATION FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL SOFTWAREMATCH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SOFTWAREMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING, AND WITHOUT LIMITING THE FOREGOING, TOTAL LIABILITY FOR SOFTWAREMATCH FOR ANY REASON WHATSOEVER UNDER THIS AGREEMENT AND/OR RELATED TO USE OF THE SITE SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU TO SOFTWAREMATCH (IF ANY) UNDER THIS AGREEMENT DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, AND FOR ANY PARTICULAR DISPUTE SHALL NOT, IN ANY EVENT, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SOFTWAREMATCH IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

You agree to defend, indemnify, and hold harmless SoftwareMatch and its affiliates, all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising out of or in connection with any claim, suit, action, or other proceeding brought against SoftwareMatch or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) your provision of services to any third party, regardless of whether or not they are Users using the Site; (b) any breach of any representation, warranty, covenant or agreement to be performed by you hereunder; and (c) any information that you have posted to the Site and/or any content on your Web Sites or otherwise given to Users; provided that SoftwareMatch or such party provides you with written notice of such claim, suit or action and reasonable information and assistance related to defending and/or settling any such claim, suit, action or other proceeding. The provisions of this section shall survive the termination of this Agreement or your termination or suspension from the Site.

The User acknowledges that the information, data, software, photographs, graphs, graphics, images, illustrations, designs, icons and written and other material (collectively, "Content") on this Site are copyrighted works of SoftwareMatch, Inc. and/or various software vendors or VAR organizations. Reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

All names, logos and trademarks are the property of SoftwareMatch or the third party software vendor or VAR organization who have contributed to this Site. Nothing on the Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of SoftwareMatch or the relevant contributor. The use of any name, trademark, tradename, servicemark, logo, symbol or other proprietary designation or marking of or belonging to any other company should not be construed by the User as an endorsement or sponsorship of this Site by any such company. "SoftwareMatch”, is a service mark of SoftwareMatch, Inc.

This Site is controlled and operated by SoftwareMatch from its offices within the United States. SoftwareMatch makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

All services on this website are intended for your personal use only and in accordance with the other terms and conditions of this agreement. You may not use any information on the site, including the names of software vendors and VAR organizations, for recruiting, marketing, or any other purpose that violate the intended use of the services on this website. Persons or companies which violate this restriction and/or use SoftwareMatch for any commercial purpose may be subject to legal action.

You may only use this Site to make legitimate requests and shall not use this Site to make any speculative, false or fraudulent requests. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. Fraudulent users will be prosecuted to the fullest extent of the law.

This Agreement shall all be governed and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be performed in the State of Ohio. You agree that any legal action or proceeding between SoftwareMatch and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Ohio. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SoftwareMatch’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SoftwareMatch may assign its rights and duties under this Agreement to any party at any time without notice to you.