Terms and Conditions

Terms and Conditions

Welcome to DerSoft.com (the “Website”). Please read these Terms and Conditions (“Terms”) and the Privacy Policy contained on the Site carefully before using the services or products described herein, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.

By using this Site you agree that you have read, understand and accept the following terms and conditions (“Terms and Conditions”) and the Privacy Policy, and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. DerSoft Company and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. We suggest that you review these terms periodically for changes.  Such changes shall be effective immediately upon posting. If you object to any such changes, your sole recourse shall be to not use this website. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. DerSoft may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, or the Privacy Policy, please do not use the Site.

United States Site and Pricing

DerSoft administers this Site from Hawaii, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. DerSoft makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.

All pricing is in U.S. dollars and the products and services described are offered for sale in the U.S. only. DerSoft makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. Prices, product specifications and all other information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most pricing refers to MSRP. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and excludes destination and delivery charges, any applicable taxes, any applicable fees.  Any calculation of any price, tax, incentive is for your reference only, is an estimate, and may not be completely accurate. The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.

Disclaimer

Nothing contained on this Website constitutes tax, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by DerSoft or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold DerSoft, its personel, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The information, products and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, DerSoft disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. DerSoft does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. DerSoft expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

Linking and archiving to DerSoft’s Websites

If you would like to link to this Site, you must comply with the following guidelines: do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content; you may not use any Ford trademarks, logos, designs or service marks in your links; you may not create the appearance of a relationship or affiliation with DerSoft; and your site may not contain offensive, distasteful, illegal or inappropriate content

Trademarks, Copyrights and other Intellectual Property

The content on this Website, including all materials including any text, graphics, video, audio, software code, user interface design or logos is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the material. By using this site you agree to comply with all copyright laws worldwide by using this Website and to prevent unauthorized copying of this site.

You agree not to interrupt or attempt to interrupt the operation of the Website in any way.  You agree not to dispute DerSoft’s claim of ownership or validity of its rights in the material on this Site. Modification or use of the materials for any other purpose violates DerSoft’s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to DerSoft and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of DerSoft or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Privacy Policy

Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

Indemnity and Hold Harmless

By using this Site you agree that you will defend, indemnify and hold harmless DerSoft and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. DerSoft reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with DerSoft’s defense of such claim.

Effective Date: 07/01/2011