If you are dissatisfied with this web site, any content on the site, or with FutureSoft's terms and conditions, your sole and exclusive remedy is to discontinue using this web site. You acknowledge, by your use of this site, your agreement without modification to all of the terms and conditions and that your use of the site is at your sole risk.
Welcome
This site is provided as a service. Please review the following basic rules that govern the use of our site (the "Agreement"). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms.
Modifications
FutureSoft may revise this Agreement at any time. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
Availability of Products and Services
The products and services described on this web site may not be available in all geographic areas. All products and services are subject to change without notice.
Copyrights & Trademarks
The contents of this site are the property of FutureSoft, Inc., unless otherwise indicated, and are protected by copyright and trademark laws. All rights are reserved by FutureSoft, Inc., and the content of the web site may not be produced, downloaded, disseminated, published, or transferred without the prior written permission of FutureSoft, Inc. The trademarks, logos and service marks displayed on the web site are the property of FutureSoft, Inc. The following Trademarks and Service Marks are the property of FutureSoft, Inc.:
FutureSoft®
brand
PC_SWITCH®
software
PC_ATM®
software
PC_DEBIT®
software
PC_IXACTIONS®
software
PC_STARR®
software
PC_MULTI-MAX®
software
Member Account, Password, and Security
If any of the Services requires you to open an account, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FutureSoft, Inc., immediately of any unauthorized use of your account or any other breach of security. FutureSoft, Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FutureSoft, Inc., or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any FutureSoft, Inc., server, or the network(s) connected to any FutureSoft, Inc., server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any FutureSoft, Inc., server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Links to Other Internet Sites
This web site may contain links to other web sites operated by third parties. FutureSoft, Inc. provides links to other sites as a service to users. The linked sites are not under the control of FutureSoft, Inc., and FutureSoft, Inc. is not responsible for the content available on the third-party sites. Such links do not imply FutureSoft, Inc.'s endorsement or approval of material on any other site. It is the user's responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. FutureSoft, Inc., is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein.
No Warranties
Use of this web site and its contents are at the user's sole risk. FutureSoft, Inc., assumes no responsibility for consequences from the use of the information herein, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. FutureSoft, Inc., is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.
Information on this site is provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event will FutureSoft, Inc., or its respective employees be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) resulting from the use of or the inability to use the web site, site content or any products or services, or any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this web site or any web site operated by any third party.
Notices Regarding Software, Documents and Services Available on this Web Site
IN NO EVENT SHALL FUTURESOFT, INC., AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Theft and Fraud
If your Service or password is lost or stolen or fraudulently used, then you are responsible for all usage resulting from such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
Indemnity
You agree to indemnify, defend, and hold FutureSoft, Inc., harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees and costs) arising out of, based on, or in connection with your access and/or use of this Web site or Services.
General
FutureSoft, Inc. assumes no responsibility regarding the accuracy of the information that is provided by FutureSoft, Inc., and use of such information is at the recipient's own risk. FutureSoft, Inc. provides no assurances that any reported problems may be resolved with the use of any information that FutureSoft, Inc., provides. By furnishing information, FutureSoft, Inc., does not grant any licenses to any copyrights, patents or any other intellectual property rights.
If any part of this agreement is determined to be unenforceable by a court of competent jurisdiction, the unenforceable portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the remainder of the agreement shall continue in full force and effect.
This agreement constitutes the entire agreement between you and FutureSoft, Inc., with respect to the use of this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FutureSoft, Inc., with respect to this web site. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
