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Whole Tomato Software, Inc. Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the Whole Tomato Software, Inc. ("Whole Tomato Software") web site. By using the www.wholetomato.com web site (the "Service"), you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the www.wholetomato.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Effective Date

This Terms of Use Agreement was last updated on 23 January 2012.

Description of Service

Whole Tomato Software is providing Member with www.wholetomato.com web site and discussion forum access. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The site is provided by Whole Tomato Software on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Whole Tomato Software makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Whole Tomato Software shall have no liability for any interruptions in the use of this Web site. Whole Tomato Software disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

Whole Tomato Software SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WHOLE TOMATO SOFTWARE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WHOLE TOMATO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold Whole Tomato Software, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Member's Account

All registered discussion forum Members shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Whole Tomato Software of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Whole Tomato Software.

Modifications and Interruption to Service

Whole Tomato Software reserves the right to modify or discontinue the Service with or without notice to the Member. Whole Tomato Software shall not be liable to Member or any third party should Whole Tomato Software exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Whole Tomato Software does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

Governing Jurisdiction of the Courts: State of Florida

Operation of the www.wholetomato.com web site is subject to the laws of the State Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Florida.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. In particular:

Children's Online Privacy Protection Act of 1998 (COPPA)
By using the Service, you certify that you are at least 13 years of age. In the event that we learn that we have unwittingly collected personal information from a child under the age of 13, we will delete that information as quickly as possible and suspend the user forum account responsible for providing the information, if applicable.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © Whole Tomato Software, Inc., with all rights reserved, or is the property of Whole Tomato Software and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Whole Tomato Software is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Whole Tomato Software.

Whole Tomato Software, www.wholetomato.com, and Visual Assist are proprietary marks of Whole Tomato Software, Inc. Whole Tomato Software's trademarks may not be used in connection with any product or service that is not provided by Whole Tomato Software, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Whole Tomato Software.

All other trademarks displayed on Whole Tomato Software's web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Whole Tomato Software.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Whole Tomato Software designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Whole Tomato Software, Inc.
Attn: Jeff Straathof
1990 Main St, Ste 750
Sarasota, FL 34236-8000
USA

By Telephone:
+1 408-323-1590

Via Email

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Whole Tomato Software, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.