This Top10MarketingSoftware.com (the "Website") Membership Agreement (the "Agreement") is a legal contract between you (the "User') and Top10MarketingSoftware.com (with the abbreviation "T1MS" to be used in this Agreement), the owner and operator of this Website and it's service offered therein.
This Agreement governs your use of this Website and your use of the Service offered on this Website (the "Service"). Your use of the Service is conditional on your acceptance of this Agreement. By using any Service or by checking the acceptance box in the order form, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Service for which you register. Since this is a binding legal agreement between you and T1MS, please print a copy of this Agreement for your records.
T1MS has complete discretion to modify the offered Service and/or the Terms of Service at any time without notice. If you continue using the Service this will act as your consent to the modified Service and/or Terms of Service.
RANKINGS & REVIEWS
As part of our service we review and rank 3rd party applications. We consider various features from each software vendor including reputation, ease of use, functionality, pricing and partner program strength. Our reviews and rankings may be influenced by the level of compensation offered by the vendor. With our reviews we attempt to freely obtain access to the software for testing, however this may not always be available and our researchers have to rely on freely available information on the vendors website and from around the internet as to determine our rankings and reviews. We attempt to report and keep accurate information about products on our Website however we have no control over the 3rd party companies we review, so information inside of reviews including pricing may not always be accurate or timely. We cannot guarantee the suitability and credibility of any 3rd party product we review and rank.
We regularly link to outside 3rd parties. We may be compensated by these companies for referring visitors to their websites who later make a purchase and this may influence our decision to mention them or not. Please conduct your own due diligence on any product before purchase. We have no control and assume no liability over the outcomes of your use of 3rd party applications or services. We do not review and rank every software available on the market.
USER OBLIGATIONS AND RESTRICTIONS
By using the Service you agree to the following;
a) You're the legal owner or authorized representative of the entered email address on our website.
b) All data submitted is accurate, true, timely and non-infringing on others rights.
c) Your submitted business to be used in the advertising Service does not sell any illegal, copyrighted, adult, weapons, fake products, inappropriate material or any other harmful products, services or content.
d) You're not a competitor of Top10MarketingSoftware.com or intended competitor.
e) You're 18 years or older.
f) You will comply with all local and federal laws governing your use of this Agreement.
g) To notify us of any personal information changes in a timely manner.
h) To keep all information T1MS sends to you private, secure and confidential and not to disclose it to any other party or public domain.
You agree to pay T1MS the set forth fees for the advertising Service.
TERM AND TERMINATION OF AGREEMENT
The term of this Agreement begins from your registration of the Service and ends in accordance with all terms set forth in this Agreement.
TERMINATION OF SERVICE
T1MS may terminate the Service offered to you at any time without notice. You may cancel your Service at any time by unsubscribing from our email by clicking the unsubscribe link at the bottom of our emails and you can un-follow us on social media.
LINKS TO 3RD PARTIES
We regularly link to outside 3rd parties. We have no control and assume no responsibility or liability over the content and practices of any 3rd party. Please perform your own research and verification of any product before making purchase.
T1MS does not offer any refunds on any purchased products through products we mention or on our Advertising Service.
DISCLAIMER OF WARRANTY
T1MS MAKES NO GUARANTEES OF ANY KIND REGARDING THE USE OR EFFECTIVENESS OF THE SERVICE OFFERED IN TERMS OF RELIABILITY, ACCURACY, SECURITY, TIMELINESS, AVAILABILITY OR USEFULNESS. THE SERVICE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. T1MS DISCLAIMS, ALL REPRESENTATIONS, AND WARRANTIES OF ANY KIND, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. T1MS DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION, VALUE OR QUALITIES OF THE SERVICE, INFORMATION OR MATERIALS PROVIDED HERE UNDER, INCLUDING, BUT NOT LIMITED TO, WHETHER THE SERVICE, INFORMATION OR MATERIALS WILL BE ACCURATE, COMPLETE, SECURE, CONTINUOUS, UNINTERRUPTED, NON-INFRINGING OR ERROR-FREE. T1MS DISCLAIMS RESPONSIBILITY OF THIRD PARTY PRODUCTS AND SERVICES WHICH ARE USED TO PROVIDE THE SERVICE, AND CLIENT DISCLAIMS AND WAIVES ANY RIGHTS AND CLAIMS CLIENT MAY HAVE AGAINST T1MS WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL T1MS OR IT'S DIRECTORS, EMPLOYEES, PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY ANY LAW, AND WHETHER OR NOT T1MS IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL T1MS TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY T1MS FROM YOU UNDER THIS AGREEMENT.
You agree to defend, indemnify and hold harmless T1MS and it's directors, employees, partners or affiliates from and against, any and all claims, liability, damages, losses, expenses and costs (including, but not limited to, reasonable attorney’s fees) resulting from, arising out of, or alleging facts that would constitute a breach of any warranties, representations, or obligations contained in this Agreement.
Under no circumstances will T1MS be liable for any direct, indirect, incidental, special or consequential damages that results from the use or misuse of the offered Service, including but not limited to reliance on any information obtained from the Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, loss of suppliers, or any failure of performance, whether or not limited to acts of god, third party changes, communication failure, theft, destruction, or unauthorized access to LTPL records, programs or services. Under no circumstances, under the terms of this Agreement, shall damages include loss of business, loss of suppliers, or loss of profits, whether based on breach of agreement, breach of warranty, product liability, or otherwise, to T1MS, its employees, directors, partners, affiliates or other associates..
All material, text, images, logos, design works and all other content shown on this Website and in communications is owned by T1MS protected by copyright laws.
T1MS lays claim to the "Top10MarketingSoftware" trademark wording and logo displayed on this Website. Please do not use the "Top10MarketingSoftware" wording or branding in any un-authorised materials.
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to give effect to the intent of the parties and the remainder of this Agreement will continue in full force and effect.
This agreement shall be governed by the internal laws of the state of Queensland, Australia without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement shall exist exclusively in the courts in the state of Queensland, Australia.
OPPORTUNITY TO CONSULT WITH COUNSEL
The Parties hereby acknowledge and agree that they have read this Agreement, freely and voluntarily agree to all its terms and conditions, and have independently evaluated the desirability of entering into this Agreement. Each Party acknowledges that it has consulted, or has had ample opportunity to consult legal counsel regarding this Agreement and each and every provision of this Agreement.
This Agreement supersedes all previous agreements between the Parties, including electronic and verbal communications and contains the whole of the Agreement between the Parties, and may not be modified except in writing.
All notices, demands, and requests which may be given or which are required to be given by either party to the other, here under shall be in writing, with a concurrent electronic copy by email. Such notices shall be deemed delivered when personally delivered to the address of the party to receive such notice set forth below or, whether actually received or not, five (5) days after having been deposited in any post office or mail receptacle regularly maintained, certified or registered mail, return receipt requested, postage prepaid, properly addressed to as follows: