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Terms of Use and Legal Notices

Revision Date: 10/20/14

Terms of Use Welcome to the web site for Ultimo Software Solutions, Inc. ("UltimoSoft"), (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our online Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

  1. Use of the Site
    UltimoSoft owns all content on the Site, including but not limited to, trademarks, service marks, trade names, graphics, logos, text and downloadable information (the "Content"). All Content on the Site is protected under the United States and international laws protecting intellectual property. You have no rights in our network, web site, or in the Content on the Site. You may not incorporate the Content into another database or use it for any public or private dissemination. You may only download, view, copy and print documents (and graphics incorporated in these documents) (the "Documents") from the Site subject to the following: (a) the Documents shall be used solely for personal, informational, non-commercial and non-public purposes; and (b) the Documents shall not be modified or altered in any way. You may not otherwise use, download, upload, copy, duplicate, print, display, perform, reproduce, publish, license, post, transmit, sell or resell, distribute, assign, sublease, or otherwise exploit for any commercial purpose or provide private or public dissemination of any information from the Site in whole or in part without the express authorization of an authorized representative of UltimoSoft.

  2. Use of Forums and Public Communication
    You agree not to upload, email, post, publish, distribute or otherwise transmit through a Forum any Content that: (a) is defamatory; (b) false or misleading; (c) is obscene; (d) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail; "junk mail", "spam" or chain letters; or (g) violates any applicable laws or regulations. "Forum" means a discussion group, chat area, bulletin board, news group, blog, wiki, letter to UltimoSoft, its webmaster(s) or personnel, email function, or other services in connection with which you can upload, email, post, publish, otherwise transmit Content.

  3. Passwords and Security
    No password may be made available to any Unauthorized Person for the purpose of using the UltimoSoft website. If UltimoSoft suspects that a password is being used by an Unauthorized Person the password may be cancelled. You shall immediately notify UltimoSoft if you learn of or suspect any loss or theft of your user Identity, registration identification or any unauthorized use of your registration identification. You will indemnify and hold harmless UltimoSoft and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using an Identification. UltimoSoft reserves the right to reset any Passwords that may have been compromised.

  4. Termination of Use of the Site
    You agree that UltimoSoft may, in its sole discretion and at any time, terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by UltimoSoft.

  5. Trademark, Service mark Information
    "Ultimo Software Solutions," "UltimoSoft", "Value Beyond Technology" and any graphics and logos on the Site are trademarks or service marks of UltimoSoft, owned by UltimoSoft. The foregoing may not be used without UltimoSoft's prior written permission by an authorized representative. Other names appearing on the Site may be trademarks or service marks of their respective owners.

  6. Third Party Web Sites
    The Site provides links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. By using the Site, you agree that UltimoSoft is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that UltimoSoft is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and you agree that UltimoSoft is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

  7. Disclaimers and Limitation of Liability
    ALL CONTENT, MATERIALS, SOFTWARE, INFORMATION (INCLUDING WITHOUT LIMITATION SERVICES AND PRODUCTS) AVAILABLE ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ULTIMOSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR OF THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE AND MAKES NO WARRANTY THAT: A) THE SITE WILL MEET YOUR REQUIREMENTS; B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR D) THE QUALITY OF ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES, OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

    ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND ULTIMOSOFT SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. IN NO EVENT SHALL ULTIMOSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS SITE.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    ULTIMOSOFT RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

  8. Prohibited and Unlawful Use
    You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines or terms of use posted for a specific area of the Site. You may not access or use the Site in any manner that could overburden, damage, disable or impair any UltimoSoft networks, computer systems or accounts or attempt to gain unauthorized access to the any of the foregoing. You may not interfere or attempt to interfere with the proper working of the Site or any UltimoSoft accounts, computer systems or networks or attempt to use automated means, including without limitation any scraper, robot or spider to access the foregoing.

  9. Indemnity
    You agree to defend, indemnify and hold harmless UltimoSoft, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, or your breach of any provision of the Terms of Use.

  10. Privacy Policy, Use and Access By Children
    UltimoSoft is concerned about your privacy. Please review our online Privacy Policy, which is part of the Terms of Use and describes how we handle any personally identifying information about site users.

    Minors are not eligible to use the Site, and we ask that they do not submit any personal information.

  11. Applicable Laws and Export Restrictions
    All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco or San Mateo County, California. You and UltimoSoft agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

    You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

  12. Contact Information
    If you have any questions regarding these Terms of Use, please contact UltimoSoft at info@ultimosoft.com




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