Terms of Use
Last Updated: 1/30/2024
These Terms of Use (the “Terms”) constitute a legal agreement between you and The Software Revolution, Inc. (“TSRI”, “we”, “us”, “our”). By visiting or using any TSRI web site, portal or extranet, or the services provided on any TSRI web site (“Website”), you agree to these Terms of Use. By accessing or using any part of the Website, you represent that you are at least sixteen (16) years of age and you agree to these Terms. If you are not at least sixteen (16) years of age or if you do not agree to these Terms, do not use the Website. If you are a TSRI customer, you are also bound by any other terms that apply to your service (“Service Terms”). If any provision of these Terms of Use conflicts with any term in the Service Terms, the Service Terms apply. If you are a TSRI service provider, contractor, or an employee of any of these entities, your use of the Site may also be subject to your binding agreement with TSRI, and if any provision of these Terms of Use conflicts with any term in your agreement with TSRI, the term of your agreement with TSRI applies.
Website and Content. The Website, and all information, text, images, data, audio files, links, logos, photos, digital downloads, software, or other material accessible through the Website (collectively, the “Content”) are and shall remain the exclusive property of TSRI and/or its suppliers and licensors and are protected under U.S. and international intellectual property laws. You do not obtain any ownership interest in the Website or the Content. Subject to your compliance with these Terms, TSRI grants you a limited license to access view the Website and the Content.
Registration and Accounts. To access certain features of the Website, you will be required to register an “Account” with TSRI and provide certain personal information. Any personal information you provide in connection with such Account will be treated in accordance with our Privacy Policy, located at www.tsri.com/privacy, which is incorporated herein by this reference. You are responsible for providing and maintaining accurate information and maintaining the confidentiality of your Account login credentials. All activity conducted in connection with your Account will be your responsibility. You agree to notify TSRI immediately of any unauthorized access or other breach of your Account.
Purchases. If you wish to purchase products or services on the Website, you may be required to agree to additional terms and conditions governing such products or services. Unless otherwise provided in the additional terms and conditions with respect to any given product or service, you must register an Account and provide a valid credit card to purchase products or services on the Website. We use a third-party payment processing company (“Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. TSRI is not responsible for error by the Payment Processor. By purchasing a product or service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your credit card. We reserve the right to correct any errors or mistakes that we or our Payment Processor makes even if we have already requested or received payment.
Currently, TSRI’s Payment Processor for charging Fees is Stripe (https://stripe.com/). By purchasing products or services on the Website, you agree to Stripe's terms and conditions (located at https://stripe.com/legal/consumer).
Restrictions. You will not modify, publish, transmit, transfer, sell, resell, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or application, or in any way exploit the Content or the Website without the express written permission of TSRI. You will not use the Website or the Content (a) for any unlawful purpose; (b) to solicit others to participate in any unlawful activity; (c) to violate any international, federal, state, or local laws, regulations, or rules; (d) to infringe upon or violate our intellectual property rights or the those of others; (e) to harass, abuse, stalk, spam, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate based on gender, sexual orientation, ethnicity, race, religion, age, national origin, or disability; (f) to upload fraudulent, false or misleading information; (g) to upload or transmit viruses or other malicious code into the Website; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website.
Third Party Content. Links on the Website may lead to third-party websites and/or services that are not owned or operated by TSRI. TSRI has no control of and makes no representation or warranty and takes no responsibility with respect to such third-party websites or services. A link or reference to a third-party website or service is not an endorsement of that website or service. Likewise, if our Website is linked or referenced in a third-party website or social media, we are not liable for any information provided on or through such website or social media. Any use you make of the information provided on the Website, or any website linked to by the Website, is at your own risk.
User Contributions. While we welcome general comments and feedback regarding our Website and Content, we ask that you do not send us any creative ideas, suggestions, notes, drawings, concepts or other information (collectively, the “User Contributions”) to avoid any misunderstandings regarding the ownership of such User Contributions. If, despite our request that you not do so, you send us any type of User Contributions, such User Contributions shall be deemed the property of TSRI and shall not be subject to any obligation of confidentiality or restriction on use. TSRI will not be liable to you or owe you any compensation for such User Contributions, unless otherwise required by law.
DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, AND TO THE FULLEST EXTENT PETMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TSRI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR ERROR-FREE, NOR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE, RELIABLE, OR MEET ANY SPECIFIC USER NEEDS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TSRI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES SHALL BE LIABLE TO YOU OR ANY USER OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THESE TERMS OR YOUR ACCESS OR USE OF THE WEBSITE AND CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TSRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU FURTHER AGREE THAT TSRI'S AGGREGATE CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, AND/OR THE CONTENT SHALL NOT EXCEED $50.
Indemnification. You agree to indemnify, defend and hold harmless TSRI and our officers, directors, employees, licensors, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Website or Content, (ii) your breach of these Terms, or (iii) your violation of any applicable law or the rights of a third party.
Disputes and Mandatory Arbitration. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your use of the Website or Content shall be submitted to confidential arbitration in Seattle, Washington, provided that, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such court. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Modifications and Notice. We may revise these Terms at any time without notice to you. You are responsible for reviewing these Terms on a regular basis, and your continued use of the Website following any modifications, changes and/or alterations constitutes your acceptance of such modifications, changes or alterations.
Termination. TSRI may, in our sole discretion and without prior notice, immediately terminate these Terms, the Website, and/or your Account. Cause for such termination may include: (a) breach or violation of any of these Terms, including any other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) extended period of inactivity; (d) your engagement in fraudulent or illegal activity; (e) nonpayment of any fees owed by you in connection with the Website or any product or service, and/or TSRI’s decision, which TSRI may make in its sole discretion, to discontinue the Website, including any Content and/or features. Upon termination of your Account, you will have no access to the Website and your password and related information, files and materials will be deleted. You agree that TSRI will not be liable to you or any third party for any termination of your Account, any associated email address, or access to the Website.
Copyright Contact. TSRI does not represent or warrant that the Website will not infringe the rights of third parties. If you believe your copyright, trademark, or other property rights have been infringed by a posting of any Content on the Website, you will send notification to TSRI immediately. Such notification should be sufficient in detail to allow us to investigate and take steps to resolve the matter. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: information@tsri.com
Miscellaneous. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Website and you agree that you will not access or use the Website in violation of such laws. These Terms constitute the entire agreement between you and TSRI relating to the subject matter herein.
To ask questions or comment about these terms, contact us at:
11332 NE 122nd Way, Suite 300
Kirkland, WA 98034
