Website Terms & Conditions
The terms and conditions set forth herein ("Terms") govern the use of the 1st-class-software.com website (the "Website") and related services (the "Services") and constitute an agreement ("Agreement") between you ("You") and 1st-class-software.com. ("1st-class-software.com" or "We").
Use of the Website and Services is contingent upon acceptance of and continued adherence to the Terms, as revised by 1st-class-software.com. 1st-class-software.com reserves the right, in its discretion, to alter or revise the Terms at any time, with the most recent version of the Terms posted to the Website.
Your use of the Website and Services constitutes acceptance of any and all revised Terms.
1st-class-software.com reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Services for any reason (or no reason).
Accounts and Use
A User is a person who creates a 1st-class-software.com account. Users must be at least 18 years old to have a valid account. Users may ask and answer questions via the Website. You are responsible for any and all activities occurring in connection with and content posted under Your account.
If You discover any unauthorized activity under Your account, alert 1st-class-software.com by sending an email alert to firstname.lastname@example.org.
As a User, you have the following responsibilities:
If You answer questions, You shall provide quality answers.
You are responsible for the content of Your questions and answers.
You may only use content to which You have the necessary legal rights.
Users' accounts shall not: (1) contain deceptive, erroneous or false content; (2) include pornography, defamatory or obscene content; (3) provide instructional information about illegal activities; (4) serve to violate any Federal, state or local laws; (5) be used to hack the Website or modify any content that is not Your own; (6) link to any damaging worms, viruses or code; (7) breach any confidentiality or fiduciary obligation; (8) automatically redirect Users to other domains; (9) solicit responses that relate to illegal activity; (10) spam or mass email any Users; (11) exploit (through collection or sale) personal information; and (12) serve to threaten or intimidate Users.
We reserve the right to modify or discontinue the Services without any liability to You or any third party. 1st-class-software.com may terminate Your account and use of and access to the Website or the Services at any time for any reason (or no reason).
Users who answer questions will earn points awarded by the 1st-class-software.com system. 1st-class-software.com automatically inserts related contextual advertisements from several third-party companies into answer pages to cover operating costs for the Website and Services.
Any content deemed inappropriate by the administrators of 1st-class-software.com will be removed without warning or notification. Decisions on what content is deemed inappropriate will be at the sole discretion of the administrators of 1st-class-software.com. In general, the Website only allows family friendly content.
You acknowledge and agree that the Website and the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by law. You further acknowledge and agree that content contained in any advertisements or information presented to you through the Services or by advertisers is protected by law.
Users may not copy, republish, upload, transmit or distribute derivative works based on any content or information available through the Website or Services, including code and software.
If applicable, You are required to contact the intellectual property owner and secure the appropriate advanced written consent before such use. You understand and agree that You shall not acquire ownership rights to any content (including documents) viewed through the Website.
You waive the confidential nature of any content posted by You to the Website. You further waive any exclusive use of any content posted to the Website by You and that materials or ideas You submit on the Website or to the Website administrator or any employee, officer or agent of 1st-class-software.com, will not be considered confidential and may be used by 1st-class-software.com, in its sole discretion, without any obligation to compensate You for its use and without any obligation to return any such materials.
You grant 1st-class-software.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all intellectual and database rights, including the right to create derivative works, that You have in the content of Your account. You waive all rights to any claim against 1st-class-software.com for any alleged or actual infringement of any intellectual rights and propriety rights in connection with any such content.
Your questions and answers may include links to other websites over which 1st-class-software.com has no control or responsibility. 1st-class-software.com does not monitor or investigate linked websites. 1st-class-software.com is not responsible for such websites or any damages caused in connection with Your use of such websites.
Professional Counsel Prohibited
Information You obtain from Users through use of the Services and the Website is created by Users, not 1st-class-software.com.
This information does not replace professional advice and will not form a professional-client relationship (between You and 1st-class-software.com or You and the other Users).
You acknowledge that 1st-class-software.com has not and will not independently verify any Users' qualifications. If You do not like a User's answer, You may ignore it.
For the avoidance of any doubt, the Services and the Website are not intended to and do not constitute the unauthorized practice of regulated professions by 1st-class-software.com and its affiliates and agents (including law, medicine, accounting, etc). If You require professional advice, consult a qualified provider who is licensed in Your jurisdiction.
Entertainment Purposes Only
Your participation on 1st-class-software.com is for entertainment purposes only.
Emergency related questions and crisis situations must be directed to qualified professionals. We do not participate in or mediate conversations between Users. We do not control the quality, safety or legality of the answers given or the accuracy of the answers.
THE WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS - WHERE AS" AND WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO INFORMATION OBTAINED BY YOU FROM 1st-class-software.com THROUGH THE WEBSITE AND SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
1st-class-software.com DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED AND ERROR FREE.
1st-class-software.com SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE AND SERVICES.
Limit On Liabilities
1st-class-software.com, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEY'S OR OUR CONTRACTORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES OR THIS AGREEMENT. THE WEBSITE AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
FOR THE AVOIDANCE OF ANY DOUBT, 1st-class-software.com'S LIABILITY AND THE LIABILITY OF ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES SHALL NOT EXCEED $0.
Release and Indemnification
You release 1st-class-software.com (and its officers, directors, agents, parents, subsidiaries, joint ventures, agents, attorneys and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes among Users. California Users waive the rights afforded under California Civil Code 1542.
You shall indemnify, defend and hold 1st-class-software.com, any and all parent, subsidiary, or affiliate organizations, officers, agents, attorneys and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of Your use of the Services or conduct on the Website. 1st-class-software.com shall provide You reasonable notice of such claims. In connection with Your obligations set forth herein, You agree that 1st-class-software.com may identify and engage counsel of its choosing.
1st-class-software.com may offer to You products and services offered by non-1st-class-software.com entities. Such offers do not constitute an endorsement or warranty of these entities, their products or services.
You acknowledge that You have read and understand the Terms. You acknowledge and agree that: (1) any information You obtain from Users is created by Users (not 1st-class-software.com) and that 1st-class-software.com is not responsible for information Users post to the Website; (2) the Website and Services are provided `as is where as` with no warranty and no representations are made regarding the qualifications of Users; (3) responses and comments on the Website do not substitute for professional advice, do not establish a professional-client relationship and do not constitute the unauthorized practice of a regulated profession; and (4) the Website and the Services are not intended to address emergency related questions and crisis situations.
The Terms set forth herein constitute the complete Agreement between You and 1st-class-software.com. In the event of any conflict between the Website and this Agreement, the Terms of this Agreement will prevail.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties while the other provisions shall remain in full force and effect. Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose.
You may not assign this Agreement to any other party. 1st-class-software.com shall not be deemed to have waived any of its rights or remedies unless such waiver is written, signed by 1st-class-software.com and delivered to You.
This Agreement shall be governed by, and construed in accordance with the laws of the Ontario, Canada, without regard to its conflicts of law provisions. Each party using our Website or Services agrees to the exclusive jurisdiction of the courts of Ontario, Canada, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Ontario, Canada and waives any and all jurisdictional, venue or inconvenient forum objections.