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Terms of Use – AltexSoft Forum

Version 1.0 as of November 01, 2018

Introduction & Highlights

The AltexSoft Forum called Techtalks (“Forum”) serves as a public service that enables AltexSoft community members and other users to interact with each other by posting questions and comments. The Forum is subject to these Terms of Use.

Please make sure you carefully review the following rules. That is important because your use of the Forum serves as your unconditional consent to follow and be bound by these Terms of Use. If you (the “User,” “you”) do not agree to them, please do not use the Forum, provide any content to the Forum, or download or copy any materials from it.

Here are some highlights of these Terms of Use:

  • If you use the content posted on the Forum or post your own content there, you unconditionally agree with our Terms of Use, including our Privacy Policy included here by reference.
  • You are responsible for the content that you post. That means that you own or may lawfully use and dispose of the content you post, and that your content does not offend anyone or violate the legal rights of another party (person or legal entity) or any applicable laws.
  • By posting your content, you allow AltexSoft and other users of the Forum to use it as well. That means you give a license to use posted content and materials.
  • You can repost content from the Forum elsewhere, provided that that you put a link or reference to the Forum.
  • AltexSoft does not pre-moderate the content you post. However, such content can be moderated later, after it has been posted.
  • AltexSoft’s content and materials are provided to you “as is,” without any guarantees, including but not limited to obligation to update the posted content and materials. Posts from AltexSoft professionals should not be treated as a substitute for professional advice for your specific situation.

About Terms of Use

These Terms of Use set forth the agreement between you and AltexSoft Inc. (“AltexSoft,” “we,” or “us”). It governs your use of services we offer through our Forum.

These Terms of Use apply to the use of the Forum and do not extend to any linked third party sites or content.

These Terms of Use and our Privacy Policy, which are hereby incorporated by the Forum, contain the entire agreement between you and AltexSoft with respect to the Forum. Any rights not expressly granted herein are reserved.

We can update or modify these Terms of Use at any time without prior notice to you. If you use the Forum after any such change or modification comes into effect, it means you unconditionally agreed to follow and be bound by the updated Terms of Use.

Definitions

“AltexSoft,” “we,” “us,” or “our” means the applicable contracting entity as specified in the Contracting Entity and Applicable Law section.

Confidential Information” means all information provided by you or us to the other, whether orally or in writing, that is designated as confidential. Notwithstanding the above, Confidential Information will also include User’s personal data (namely the password and email). Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the party receiving Confidential Information or (ii) was known to the party receiving Confidential Information before receipt from the disclosing party.

Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are posted by AltexSoft or User on the Forum.

Personal Data” means User’s name, e-mail address, password, Forum name, job title, company, social media profiles, which are used for registration at the Forum and use of Forum.

“Sensitive Information” means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws, or industry standards designed to protect similar information; and (b) any information defined under data protection laws as “Sensitive Personal Data.”

“Third-Party Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are posted by AltexSoft or User on the Forum and that are not owned by AltexSoft or User.

“Third-Party Sites” means third-party websites linked to from the Forum.

User & Profile

Age. You must be at least 16 years old to access or use the Forum. If you use or access the Forum in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Forum in any manner, and may not provide any Personal Data to the Forum.

If you are using the Forum, you also represent and warrant that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Use and affirm that they accept them on your behalf and bear responsibility for your use.

Profile Registration. To register your profile on the Forum, you will be asked to provide certain information about yourself, namely the Personal Data. You agree to provide us accurate information, including your real name, when you create your account on the Forum. Such information will be used in accordance with the Privacy Policy.

Privacy Policy. By use of the Forum, you agree to accept our Privacy Policy, regardless of whether you are a registered user or not.

Termination. You may delete your profile at any time by going to profile settings. We may terminate or suspend your profile if you violate any provisions of these Terms of Use, the Privacy Policy, or other applicable policies of AltexSoft, or for any other reason.

Permitted and Prohibited Use. You may use the Forum for the sole purpose of sharing and exchanging ideas with the community and other Users.

Any information posted in the Forum will become public information. You agree to use the Forum in accordance with all applicable laws.

You may not use the Forum to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, and any laws, rules, and regulations governing the export, re-export or import of personal data, commodities or technical data.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Forum’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Forum.

You shall not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, nor should you disclose in forum posts any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You are strictly prohibited from communicating on or through the Forum any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree that you will not access or attempt to access any other User’s profile, or misrepresent or attempt to misrepresent your identity while using the Forum.

You are expressly prohibited from compiling and using other Users’ Personal Data, including names, location, addresses, telephone numbers, fax numbers, email addresses, or other contact information that may appear in the Forum for the purpose of creating marketing lists or using such information for commercial solicitation purposes, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes.

Please note that unauthorized use of Users’ Personal Data in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. AltexSoft reserves the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities.

Content

Contributions. Any material, information, or other content you transmit or post (“Contributions”) to the Forum will be considered non-confidential (except for Confidential Information as defined above).

By posting Contributions on the Forum, you represent and warrant to us that: (i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Contributions and grant us the rights to use Contributions as provided for hereunder, and (ii) that posting Contributions violates no intellectual property or personal rights of others or any applicable law or regulation.

You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Contributions. You are responsible for ensuring that Contributions do not violate AltexSoft’s policies or any applicable law or regulation.

You are prohibited from posting or transmitting any of the following content anywhere on the Forum:

  • Content that violates local, national, state, federal, or international law;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that is libelous or that defames or threatens others;
  • Harassing statements;
  • Hate speech;
  • Content that is obscene;
  • Unauthorized copyrighted material or material that infringes another’s intellectual property;
  • Content that is confidential or subject to a non-disclosure agreement;
  • Advertising or any form of commercial solicitation;
  • Content that is otherwise offensive or objectionable.

AltexSoft reserves the right to remove content from the Forum at its sole discretion at any time after it was posted.

By submitting, posting, or displaying Contributions on the Forum, you grant us and our affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, and otherwise use Contributions in connection with the operation or use of the Forum or the promotion, advertising, or marketing of AltexSoft, in any and all media or distribution methods (now known or later developed). This license also includes the right for other users of the Forum to use and modify Contributions, subject to these Terms of Use.

The right for AltexSoft to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law.

You acknowledge and agree that AltexSoft may preserve Contributions and may also disclose Contributions and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any of Contributions violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security, or technical issues; or (e) protect the rights, property, or personal safety of AltexSoft, its users, or the public.

Content of AltexSoft. All intellectual property in or related to the Forum (specifically including, but not limited to our software, the AltexSoft logo, but excluding Contributions) is the property of AltexSoft Inc., or its subsidiaries and affiliates, or content posted by other Forum Users licensed to us. The content, information, and services made available on the Forum are protected by U.S. and international copyright, trademark, and other laws.

We grant you a limited, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use, re-post and access Content of AltexSoft as made available to you on the Forum in connection with your use of the Forum, provided that: (a) you do not modify the content; (b) you place a link to the page displaying the original source of the content; (c) upon request, either by AltexSoft or by a User who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Forum; and (d) upon request, either by AltexSoft or by a User who contributed to the content, you make a reasonable attempt to delete content.

We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Forum or to remove content. Except for the rights and licenses granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

No Sensitive Information. You agree not to use the Forum to collect, manage or process Sensitive Information. AltexSoft does not collect or store any Sensitive Information through the Forum.

Third-Party Sites and Content. Third-Party Sites and Content are not under our control. Third-Party Sites and Content are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support, or warrant the Third-Party Site or Product.

If you decide to access any of the Third-Party Sites linked to by the Forum, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, AltexSoft cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

If you are using Third-Party Content when posting on the Forum, please make sure you have relevant rights and/or license to do it. AltexSoft shall not be liable for unlawful use of Third-Party Content by Users.

Content Moderation. AltexSoft moderators may, but are not obligated to, monitor or review the content that is posted to the Forum. Moderators may edit or remove content from the Forum at their discretion and consistent with these Terms of Use, at any time. AltexSoft shall have no liability whatsoever related to the content posted to the Forum, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless AltexSoft, its agents, vendors, contractors, or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Forum, including, without limitation, your violation of these Terms of Use, the infringement by you, or any other subscriber or user of your profile, of any intellectual property right or other right of any person or entity.

Termination

These Terms of Use are effective until terminated by either party.

If you no longer agree to be bound by these Terms of Use, you must cease use of the Forum. If you are dissatisfied with the Forum, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Forum.

AltexSoft reserves the right to terminate or suspend your access to and use of the Forum, or parts of the Forum, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law or these Terms of Use; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity.

WARRANTY DISCLAIMER

THE FORUM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALTEXSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALTEXSOFT MAKES NO REPRESENTATIONS OR WARRANTY THAT THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ALTEXSOFT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM. ALTEXSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FORUM.

IN NO EVENT SHALL ALTEXSOFT OR ANY OF ITS AGENTS, VENDORS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF, OR INABILITY TO USE THE FORUM, EVEN IF ALTEXSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORUM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. ALTEXSOFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED IN, OR APPEARING ON THE FORUM. YOUR PARTICIPATION IN THE FORUM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTEXSOFT OR THROUGH ITS EMPLOYEES, CONTRACTORS, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE FORUM, THAT YOUR USE OF THE FORUM IS AT YOUR SOLE RISK.

LIABILITY LIMITATION

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ALTEXSOFT OR ANY OF ITS AGENTS, VENDORS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FORUM OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FORUM OR FOR ANY INFORMATION OBTAINED THROUGH THE FORUM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALTEXSOFT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

ALTEXSOFT ‘S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE FORUM WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT ALTEXSOFT WOULD NOT PROVIDE THE FORUM ABSENT SUCH LIMITATION.

General Terms

Governing Laws. These terms of Use and all issues related thereto are governed by laws of the State of California and federal law, without regard to any conflict of law provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

Dispute Resolution. Any controversy or claim arising out of or relating to these Terms of Use, or breach of these Terms of Use shall be settled by arbitration in San Francisco, CA, administered by the American Arbitration Association in accordance with its then current Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language to be used in the arbitration proceeding shall be English. The arbitrator may award monetary damages, punitive damages, injunctive relief, rescission, restitution, costs, and attorney’s fees. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. The arbitrator shall not have the power to amend these Terms of Use in any respect. Any cause of action you may have with respect to your use of the Forum must be commenced within one (1) year after the claim or cause of action arises.

Use Outside of the United States. AltexSoft expressly disclaims any representation or warranty that the Forum complies with all applicable laws and regulations outside of the United States. If you use the Forum outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Forum.

Relationship. These Terms of Use do not create a joint venture, agency, partnership, or other form of joint enterprise between you and us.

Entire Agreement. These Terms of Use set forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter.

Severability. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision.

Headings. Section headings in these Terms of Use are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section.

Notices. All notices permitted or required under these Terms of Use, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via legal@altexsoft.com. You can also send notice to our mail address:

ALTEXSOFT INC.

563 Pilgrim Dr., Suite B,

Foster City, CA 94404

Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

Waiver. The waiver of a breach of any provision of these Terms of Use shall not be construed as a waiver of any other or subsequent breach.

Contact. Feel free to contact us at contact@altexsoft.com with any questions about these Terms of Use or the Forum.