Important – Read Carefully: This User License Agreement (“ULA”) is a legal agreement between YOU and THDi Software, LLC (“THDi”) for the use of THDi’s public web site THDiSoftware.com. You agree to be bound by the terms of this ULA by utilizing the posting services or otherwise using these services to promulgate your offerings.
This web site contains the following functions;
a. The display of information on software and services for sale by THDi Software, LLC;
b. The ability to view position statements (blogs) offered by the management and/or employees of THDi for the purpose of soliciting input and raising visibility of certain issues and topics within the real estate (software) industry;
c. The ability to vote on, and view results from, poll questions prepared by THDi for the purpose of stimulating discussion;
d. The ability to input and submit comments on blog and other entries contained within the site; and,
e. The ability for the user to submit this site for consideration to friends, contacts, and other individuals throughout the Internet through the use of various social web tools.
1. Grant of License: THDi Software, LLC grants you the following single use, non-perpetual rights, provided you comply with the “Terms of Service” Agreement contained on this site.
2. Restrictions: You may NOT;
a. Post content or items in an inappropriate category or areas on our sites and services;
b. Violate any laws, third party rights or our policies
c. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
d. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
e. Distribute viruses or any other technologies that may harm THDi, or the interests or property of THDi users;
f. Export or re-export any THDi tools except in compliance with the export control laws of any relevant jurisdictions;
3. Limitation on Reverse Engineering: You may NOT reverse engineer the service or use tools to decompose or copy the service capabilities.
4. Termination: Without prejudice to any other rights, THDi may cancel this ULA if you do not abide by the terms and conditions of this ULA.
5. Limited Warranty: THDi Software, LLC warrants that the site will perform substantially in accordance with the accompanying onsite information.
7. Disclaimer of Warranties: The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation on this website. Except for this Limited Warranty THDi provides this web site AS IS, AND WITH ALL FAULTS, and hereby disclaim all other warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workman like effort, lack of viruses, and of lack of negligence, all with regard to the web site and the provision (if any) or or failure to provide Support Services.
8. Exclusion of Incidential, Consequential, and Certain Other Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THDI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER.) ARISING OUT OF OR ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEB SITE, THE PROVISIONS OF OR THE FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISIONS OF THIS ULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICK LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THDI SOFTWARE, LLC, AND EVEN IF THDi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Limitation of Liability and Remedies: Not withstanding any damages you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of THDi Software, LLC under the provisions of this ULA, and your exclusive remedy for all of the foregoing shall be limited to the greater amount actually paid by you for the service or $1.00 USD. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
10. User Violation of Restrictions: You, including your authorized users, understand that violations of the restrictions herein may result in irreparable damage to THDi and you will be held responsible for DAMAGES incurred by THDi Software, including but not limited to (loss of business due to trust violations, loss of brand equity, tort proceedings resulting from failure to comply with restrictions and other possible consequential damages.) THDi has the right, without limitation to terminate you account immediately for violations and may at its sole discretion pursue in a court of law, any and all damages including consequential damages your breach may have caused.
11. Applicable Law: This ULA is governed by the laws of the State of Arizona, United States of America.
12. Entire Agreement: This ULA is the entire agreement between you and THDi Software, LLC (If Any) and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to this SaaS or any other subject mater covered by this ULA. To the extent the terms of THDi policies or programs for Support Services conflict with the terms of this ULA, the terms of this ULA shall control.
13. Copyright: The content of the web site and its programmatic engine is protected by copyright and other intellectual property laws. THDi Software owns the title, copyright, and other intellectual property rights. This product is licensed and not sold.