Introduction
These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Cybersoft’s use of cookies in accordance with the terms of Cybersoft’s privacy policy.
License to use website
Unless otherwise stated, Cybersoft owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other digital assets from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent, or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website, except for content specifically and expressly made available for redistribution.
Prohibited Uses
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Cybersoft’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Cybersoft’s express written consent.
Restricted access
Access to certain areas of this website is restricted. Cybersoft reserves the right to restrict access to any area of this website, or indeed this entire website, at Cybersoft’s discretion.
If Cybersoft provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Cybersoft may disable your user ID and password in Cybersoft’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Cybersoft a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media.
You must not submit user content that is illegal or unlawful, that infringes any third party’s legal rights, or that is capable of giving rise to legal action whether against you or Cybersoft or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Cybersoft reserves the right to edit or remove any material submitted to this website, or stored on Cybersoft’s servers, or hosted or published on this website.
Notwithstanding Cybersoft’s rights under these terms and conditions in relation to user content, Cybersoft does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS” and “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CYBERSOFT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT ON THIS WEBSITE. CYBERSOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
Limitations of liability
CYBERSOFT WILL NOT BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE:
- FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR
- FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, LOSS OF USE, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF CYBERSOFT HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS. THESE LIMITATIONS SHALLY APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit Cybersoft’s liability in respect of any:
- death or personal injury caused by Cybersoft’s negligence;
- fraud or fraudulent misrepresentation on the part of Cybersoft; or
- matter which it would be illegal or unlawful for Cybersoft to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions of warranties and limitations of liability set out in these terms and conditions are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Cybersoft has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cybersoft’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Cybersoft’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Cybersoft.
Indemnity
You hereby indemnify Cybersoft and undertake to keep Cybersoft indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cybersoft to a third party in settlement of a claim or dispute on the advice of Cybersoft’s legal advisers) incurred or suffered by Cybersoft arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Cybersoft’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Cybersoft may take such action as Cybersoft deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.
Variation
Cybersoft may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Cybersoft may transfer, sub-contract, or assign Cybersoft’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or assign your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Cybersoft in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law rules. You agree that any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts located in Harris County, Texas, and you waive your right to bring any action or proceeding except in such courts.
Updates
Our Terms and Conditions may change from time to time and all updates will be posted on this page.
If you have questions about these Terms and Conditions, please contact us via telephone at 281-453-8500 or via email.
