Welcome to Softmodal (the "Service"). The Service is provided by Softmodal LLC.
By using our Service, you agree to these terms. If you are using the Service on behalf of a business who does not have a separate contract in effect with us, that business accepts these terms. If you are using the Service on behalf of a business who has a separate contract in effect with us, the terms of that contract will govern your use of the Service.
You must not use the Service to harm others. You must not use the Service in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy or rights of personality or in any manner inconsistent with these terms.
You promise that you will not and will not encourage or assist any third party to:
You must not use the Service in any way that distracts you or prevents you from obeying traffic and safety laws.
You may need a Softmodal account to access some parts of the Service. If you are part of a business your employer or an administator may assign an account to you.
You must keep your password confidential. You are responsible for any activity that happens in your account.
Softmodal reserves the right to deactivate your account for any reason.
Through your use of the Service you may be exposed to third party services and content. You are responsible for reviewing and understanding any terms and conditions regarding those services and content. Any transactions with a third party are between you and the third party only. You agree that Softmodal will not be responsible for the performance of the third party or the veracity of third party content.
Your use of the Service is entirely at your own risk. SOFTMODAL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS OR WILL BE FREE OF INACCURACIES, ERRORS, BUGS OR INTERRUPTIONS OR IS RELIABLE, ACCURATE, COMPLETE OR OTHERWISE VALID. THE SERVICE IS PROVIDED "AS IS" AND SOFTMODAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Softmodal and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
SOFTMODAL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT SOFTMODAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SOFTMODAL BE LIABLE TO YOU FOR ANY AMOUNT.
You may stop using the Service at any time. We may add or remove features of the Service or suspend or stop the Service altogether at any time.