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.
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.
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.
By uploading, emailing, posting, publishing or otherwise transmitting content to the forum or submitting any content to Whole Tomato Software (each, a “Submission”), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Whole Tomato Software a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the web site comply with all applicable laws, rules and regulations.
Member acknowledges and agrees that Whole Tomato Software reserves the right, but has no obligation, to do one or more of the following in Whole Tomato Software’s discretion, without notice or attribution to Member: (i) monitor Submissions as well as access to the web site; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the web site; to protect Whole Tomato Software, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees, and the web site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose. Whole Tomato Software disclaims any responsibility for content submitted by users on or through any are of the web site.
Governing Jurisdiction of the Courts: State of Texas
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
© 2019 Whole Tomato Software, LLC, 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, LLC. 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.
Whole Tomato Software, LLC
Attn: Legal Department
2950 North Loop Freeway West
Houston, TX 77092