Terms of Use

Welcome to the Tom Sawyer Software Corporation Web Site ("Site")

By using this Site you agree to comply with and be bound by this Terms of Use Agreement ("Agreement"). Therefore, please review the Agreement carefully. If you do not agree with the Agreement, do not use this Site.

Acceptance

By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Tom Sawyer Software. This Agreement supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, with respect to the Site, the Site contents, and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall control.

Amendments

This Agreement may be amended by Tom Sawyer Software from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.

Limited Right to Use

The Site and the contents herein are the intellectual property of Tom Sawyer Software and its licensors and are protected by applicable copyright, trademark, and proprietary rights. Viewing, printing, or downloading of any content, graphic, form, or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, or preparation of derivative works unless you have received Tom Sawyer Software’s express written permission for such use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for-profit use. You may link to this Site, but such linking must be restricted to the Tom Sawyer Software home page only. In order to protect our intellectual property, Tom Sawyer Software does not permit deep linking. All rights not expressly granted herein are reserved by Tom Sawyer Software.

Links to Third Party Web Sites

Tom Sawyer Software may provide links from the Site to third party web sites and also may permit third parties ("Other Sites") to link to Site. Content on Other Sites is not under Tom Sawyer Software’s control and Tom Sawyer Software is not responsible for such content. If Tom Sawyer Software provides a link to the Other Site, it is provided only as a convenience to you and should not be implied as an endorsement of another company, web site, or product. Links into the Site from the Other Site, especially those links giving you unrestricted access to Tom Sawyer Software's software, should not be implied either as a permitted link or an endorsement of another company, web site, or product.

Privacy Statement

Please review the Tom Sawyer Software Privacy Statement. By using this Site, you agree that Tom Sawyer Software's privacy statement is part of the Agreement and may be updated from time to time without specific notice to you.

Feedback and Unsolicited Submissions

Unless you agree to the following terms, Tom Sawyer Software asks that you not send us feedback and unsolicited submissions such as, but not limited to, ideas for improving the Site, marketing Tom Sawyer Software and its products, and enhancing Tom Sawyer Software product performance ("Submissions"). In the event that you send us Submissions your Submissions shall automatically become the property of Tom Sawyer Software. Except for those portions of Submissions containing personal information restricted by our Privacy Policy, Tom Sawyer Software shall have the right to use the Submissions in any manner at its sole discretion. Tom Sawyer Software shall not be required to compensate you for the Submissions.

Licenses

You agree not to download any software from this Site until you read and accept the terms and conditions of the End User License Agreement. You agree that by purchasing products through the Tom Sawyer Software Store, you will be bound by any end user licenses accompanying the purchased product.

Return Policy

If you are dissatisfied with products purchased online for any reason, we will provide you with a full refund within thirty (30) days of downloading. We cannot provide a refund more than 30 days after downloading.

Because you cannot "return" software that has been downloaded, you must complete an Affidavit of Destruction in which you promise that you have deleted the software from your hard drive. The Affidavit of Destruction is available online in Adobe PDF format. You may save, open, and print this form with Adobe Acrobat Reader. Please complete the form and mail or fax it to the address or fax number listed on the form. Tom Sawyer Software will notify you via e-mail after receiving the Affidavit of Destruction and processing your return.

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Limitation of Liability

IN NO EVENT WILL TOM SAWYER SOFTWARE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY EVEN IF TOM SAWYER SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.)

Governing Law

By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site, you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Alameda County, State of California, United States of America, or, for matters involving federal jurisdiction, in the United States District Court for the Northern District of California.