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Welcome to Fencesoft.com. The Fencesoft.com website (the "Site") is comprised of various web pages operated by FenceSoft, LLC ("FenceSoft"). Fencesoft.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of fencesoft.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Fencesoft.com is a E-commerce Site that sells license agreements to use FenceSoft fence estimation software.
Visiting Fencesoft.com or sending emails to FenceSoft constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FenceSoft is not responsible for third party access to your account that results from theft or misappropriation of your account. FenceSoft and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
FenceSoft does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fencesoft.com only with permission of a parent or guardian.
Fencesoft.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FenceSoft and FenceSoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FenceSoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FenceSoft of the site or any association with its operators.
Certain services made available via fencesoft.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fencesoft.com domain, you hereby acknowledge and consent that FenceSoft may share such information and data with any third party with whom FenceSoft has a contractual relationship to provide the requested product, service or functionality on behalf of fencesoft.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FenceSoft or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FenceSoft content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FenceSoft and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FenceSoft or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by FenceSoft from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FenceSoft Content accessed through fencesoft.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FenceSoft, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FenceSoft reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FenceSoft in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FENCESOFT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FENCESOFT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FENCESOFT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FenceSoft reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FenceSoft as a result of this agreement or use of the Site. FenceSoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FenceSoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FenceSoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FenceSoft with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FenceSoft with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
FenceSoft reserves the right, in its sole discretion, to change the Terms under which fencesoft.com is offered. The most current version of the Terms will supersede all previous versions. FenceSoft encourages you to periodically review the Terms to stay informed of our updates.
FenceSoft may collect personally identifiable information, such as your name. If you purchase FenceSoft's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by FenceSoft. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the FenceSoft website.
FenceSoft encourages you to review the privacy statements of websites you choose to link to from FenceSoft so that you can understand how those websites collect, use and share your information. FenceSoft is not responsible for the privacy statements or other content on websites outside of the FenceSoft website.
FenceSoft collects and uses your personal information to operate its website(s) and deliver the services you have requested.
FenceSoft may also use your personally identifiable information to inform you of other products or services available from FenceSoft and its affiliates. FenceSoft may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
FenceSoft does not sell, rent or lease its customer lists to third parties.
FenceSoft may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to FenceSoft, and they are required to maintain the confidentiality of your information.
FenceSoft may keep track of the websites and pages our users visit within FenceSoft, in order to determine what FenceSoft services are the most popular. This data is used to deliver customized content and advertising within FenceSoft to customers whose behavior indicates that they are interested in a particular subject area.
FenceSoft will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FenceSoft or the site; (b) protect and defend the rights or property of FenceSoft; and, (c) act under exigent circumstances to protect the personal safety of users of FenceSoft, or the public.
The FenceSoft website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize FenceSoft pages, or register with FenceSoft site or services, a cookie helps FenceSoft to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same FenceSoft website, the information you previously provided can be retrieved, so you can easily use the FenceSoft features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the FenceSoft services or websites you visit.
FenceSoft secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
FenceSoft does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from FenceSoft by contacting us.
FenceSoft will occasionally update this Statement of Privacy to reflect company and customer feedback. FenceSoft encourages you to periodically review this Statement to be informed of how FenceSoft is protecting your information.
FenceSoft welcomes your questions or comments regarding the Terms:
FenceSoft, LLC -- 2301 Cline Ave Suite 108, Schererville, Indiana 46375
Email Address: email@example.com
Telephone number: 800-646-2939
* Effective as of April 30, 2013