Updated May 14, 2021

Terms Of Use


Terms of Use Agreement


WELCOME TO TOP10ERP.ORG. PLEASE READ OUR TERMS OF USE AGREEMENT

BY ACCESSING AND USING THE SITES AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THIS SITE’S OR SERVICES.

These TERMS OF USE are entered into and agreed to by TrueNorth Insight, Inc, a California company, and its Affiliates (“Top10erp.org” “We” or “Us”), and all Users (as further described below) of the Top10erp.org Sites and Services (“Sites and Services”) as a condition of accessing and using those Sites and Services.

Users to whom these Terms of Use apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).

We reserve the right to update or otherwise modify these Terms of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of the Sites and Services following such posted changes and updates constitutes acceptance of such changes and updates.

This terms of use agreement is limited to terms of use of site services. For details on our privacy policies, please read our online https://www.top10erp.org/Privacy-Policy.

In consideration of the premises set forth above, you the User hereby agree as follows:

ELIGIBILITY:

The Sites and Services are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites or Services by anyone under 18 is expressly prohibited. By accessing or using the Sites or Services You represent and warrant that You are 18 years of age or older.

Use of Website:

By accessing and using our Sites, You acknowledge that You are responsible for your actions. You represent and warrant, to the best of your knowledge:

1)That You have all necessary right, power and authority to enter into these Terms of Use Agreement and to fulfill your contractual obligations hereunder;

2)That You will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;

3)That You will not use any automated means or form of data scraping or data extraction to access, query, download or otherwise collect our Content or related information from our Site (except as expressly permitted by Us) or otherwise without authorization use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);

4)That You will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than for your own individual use.

5)That You will not access our Sites and Services by any means other than through interfaces expressly authorized by us and this Terms of Use Agreement.

INTELLECTUAL PROPERTY RIGHTS:

TOP10ERP.ORG is comprised of Content created by Us, our Partners and our Users. This section sets out the ownership and usage rights for each type of Content.

Listed company names are the service marks and trademarks of their respective companies.

Our Sites and all intellectual property rights therein, including without limitation the vendor listings we create from publicly available or provided Content, along with our Services and/or our domain names (collectively, “Top10erp.org IP”), constitute the property of TrueNorth Insight, Inc., its Affiliates and/or its authorized licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws.

Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Top10erp.org IP without the express written consent of TrueNorth Insight, Inc. or the applicable copyright owner.

All intellectual property rights not expressly granted hereunder are expressly reserved to us.

COPYRIGHT INFRINGEMENT CLAIMS:

We respect the intellectual property rights of others and will not tolerate infringing activity on our Sites.

If You are a copyright owner or agent, and You believe your rights under applicable Copyright laws are being infringed by Us or another person or entity using our Sites or Services, You may submit to [email protected] a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512),

We reserve the right to seek damages from any person who knowingly, materially submits a DMCA notification claim under this section in violation of the law.

DATA PROTECTION:

Each of Us and User agrees, in fulfilling its respective obligations under this Terms of Use Agreement, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use and safeguard your personal information (Information) to administer your Services and Site experience.

REPRESENTATIONS & WARRANTIES:

User represents and warrants to the best of its knowledge:

1) that it has all necessary right, power and authority to enter into these Terms of Use Agreement and to fulfill its contractual obligations hereunder; 2) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us or on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances;
3) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights;
4) that it complies with all applicable security standards and is free from any viruses, including without limitation malware or Trojan horses; and
5) that it complies with all applicable laws, statutes, ordinances and regulations.

We represent and warrants to the best of our knowledge:
1) that we have all necessary right, power and authority to enter into these Terms of Use and to fulfill our contractual obligations hereunder;
2) that the provision of the Services will not breach any third party rights, including without limitation, intellectual property, publicity or privacy, consumer protection, tort and product liability rights; and
3) that the provision of the Services complies with all applicable laws, statutes, ordinances and regulations.

DISCLAIMER:

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF OUR SITES AND SERVICES IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE OUR SITES SERVE AS A PLATFORM TO HOST SOFTWARE PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF THESE SOFTWARE PRODUCTS. FOR INFORMATION ON A SOFTWARE PRODUCT’S LEGAL AND/OR REGULATORY STANDING, PLEASE CONSULT THE SOFTWARE VENDOR DIRECTLY THROUGH THEIR WEBSITE. WE DO NOT WARRANT THAT OUR SITES WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.


LIMITATION OF LIABILITY:

Neither We nor User will be liable for any consequential, special, indirect, exemplary or punitive damages arising out of or in any way related to these Terms of Use or the other party’s use of the Sites and Services, including without limitation loss of profits, revenue, interest, goodwill, loss or corruption of data or other interruption of business (whether in contract, tort or under other legal theory), even if advised of the possibility of such damages.

INDEMNIFICATION:

Each of Us and User (in its capacity as “Indemnitor”) agrees to indemnify, defend and hold harmless the other party, its agents, affiliates and employees (in its capacity as “Indemnitee”) from and against any and all third party claims, liabilities, losses and expenses (including damage awards, settlement amounts and reasonable attorneys’ fees) arising out of or relating to our or your respective violation of these Terms of Use, except to the extent such losses and expenses arise from the negligence or willful misconduct of Indemnitee.

TERMINATION:

Termination By Us:

We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporarily or permanently) User’s access to our Sites and Services, or any part thereof if We believe that User is violating these Terms of Use. If User uses or attempts to use our Sites and/or Services for any purpose that contravenes this Terms of Use Agreement (including without limitation tampering, hacking, data scraping, modifying or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.

FORCE MAJEURE:

Neither party will be liable for any failure or delay of performance under these Terms of Use resulting from a force majeure event beyond the reasonable control of a party, including without limitation, natural disasters, acts of God, government regulations, war, terrorism, labor disputes and power failures.

GOVERNING LAW:

This Terms of Use Agreement are governed by the laws of the State of California except for its conflicts of interest principles. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the federal or state courts of California and each of TrueNorth Insight, Inc. and User consents to personal jurisdiction in those courts.

WAIVER AND SEVERABILITY:

Our failure to act with respect to a breach of these Terms of Use will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Use.

ENTIRE AGREEMENT:

These Terms of Use, along with our Privacy Policy, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof; and supersede, replace any/or nullify any conflicting or additional terms.



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