Terms of Use
Please read these terms of use carefully before use of any part of the Funding Roadmap or the DealFlow marketplace offered by Unismart Capital Software Inc on the http://fundingroadmap.com website and http://startupsacrossamerica.com website and or its business plan and due diligence reporting system subscription based technology known as the Funding Roadmap TM Funding Roadmap™ is an online multiple choice Business Plan and Due Diligence reporting system created by Unismart Capital Software Inc.
THIS AGREEMENT is made and entered into between. Unismart Capital Software Inc.(“INC.”) and the anyone who checks the terms of use box on any of the options on the http://fundingroadmap.com website and software including but not limited to subscribers, reviewer, free listings, and free trial selection with respect to the product known as Funding Roadmap TM (“Funding Roadmap TM “) which is owned by Unismart Capital Software Inc. and which is a server based on-line reporting system in which SUBSCRIBER shall have the right to utilize its own subscription copy of our reporting system. Subject to the terms and conditions of this Agreement, Unismart Capital Software Inc. authorizes SUBSCRIBER and the other participants to access and utilize FundingRoadmap.com throughout the term of this Agreement.
Funding Roadmap and company does not oversee the performance or punctuality of any activity between investor, lenders and subscribers. Funding Roadmap Unismart Capital Software Inc is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such investors, lenders and/or individuals. Funding Roadmap and the corporation that owns it Unismart Capital Software Inc is under no obligation to become involved in disputes between Investors, lenders and subscribers or free listing people or businesses on our Startups Across America and Dealflow market place, and or any third party or investors or lender. In the event of a dispute, you release Unismart Capital Software Inc and Funding Roadmap, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes using our website and technology.
As a condition of use, you promise not to use the Funding Roadmap for any purpose that is prohibited by the Terms of Use. The Funding Roadmap and its marketplace (including, without limitation, any Content or User Submissions (both as defined below)) is provided as a cloud based business planning tool and open marketing system for expanding ones ability to present their ideas to investors and lenders from anywhere on the internet for a business entity only).
You are responsible for all of your own activity in connection with communicating with possible investors, lenders or partners and we have no way of confirming the absolute legitimacy of anyone proposing to be an investor or lender,even those who register on our site.
You are solely responsible for making that determination and you are responsible for releasing information to them once you have determined they are a legitimate funding source. Funding Roadmap and Unismart Capital Software Inc shall not be liable for your interactions with any investors or lenders and/or individuals found on or through the Funding Roadmap website, reviewer site and deal flow marketplace .This includes, but is not limited to investments made to subscribers or free listing people or businesses and any other terms, conditions, warranties or representations associated with listings on or use of Fundingroadmap.com.
Funding Roadmap™ Throughout the term of this Agreement, SUBSCRIBERS shall be permitted to provide password access to the Funding RoadmapTM to that number of users (“USERS”) for which Subscriber has paid the required fee. in order for USERS to review and and such other lawful purposes as Funding RoadmapTM permits. Unismart Capital Software Inc. may, without advance notice or liability, add, discontinue, or revise any aspect of the Funding Roadmap TM, including, without limitation, such aspects as scope of service, availability of service, time of service availability, or the hardware and/or software required for SUBSCRIBER to access and use the Funding Roadmap TM, subject to the terms and conditions of this Agreement.
SUBSCRIBER Equipment and Remote Connect Charges. SUBSCRIBER shall be responsible for obtaining and maintaining, at its own expense, all computer hardware, software, communication equipment, internet access accounts and access lines necessary to access and utilize Funding RoadmapTM.
User Passwords and Use Thereof.All USERS will be responsible for maintaining the confidentiality of their passwords, logins and access codes that they register and distribute, and SUBSCRIBER will be responsible for all activities and charges resulting from the use of their edition of FundingRoadmap.com including unauthorized use.
Conduct of SUBSCRIBER. SUBSCRIBER agrees that all USERS authorized by SUBSCRIBER to access their copy of the Funding RoadmapTM shall use Funding RoadmapTM only for lawful purposes. SUBSCRIBER and its USERS will not post or transmit on or through FundingRoadmap.com and UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES any libelous, obscene, or otherwise unlawful information of any kind, and they will not engage in any conduct involving Funding RoadmapTM and UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES that would constitute a criminal offense or give rise to civil liability under any local, provincial, state, federal or other law or regulation and SUBSCRIBER and its USERS will not upload, post, reproduce or distribute to or through Funding RoadmapTM any material protected by copyright, privacy or other proprietary right without first obtaining the written permission of the owner thereof. Any complaint with regard to “SPAM” may result in the immediate termination of Subscribers access to FundingRoadmap.com.
SUBSCRIBER acknowledges that Funding RoadmapTM software and software accessible through the www.FundingRoadmap.com website or it’s clients website's contain copyrighted and other proprietary and confidential information and material, and SUBSCRIBER and its USERS will respect all such proprietary rights and take such precautions as may be reasonably necessary to protect private, confidential and other proprietary information and material from unauthorized use or disclosure.
Accuracy and Validity of Information and Opinions. Unismart Capital Software Inc. will make a reasonable effort to ensure that information it contributes to Funding RoadmapTM is timely and accurate. However, Unismart Capital Software Inc. does not endorse or warrant and assumes no responsibility whatsoever for the timeliness, accuracy, reliability, completeness or usefulness of any statement, opinion, advice, service or other information contributed to Funding RoadmapTM
Monitoring of Funding Roadmap™ : Unismart Capital Software Inc. may, in its discretion, monitor Funding Roadmap and SUBSCRIBERS and USER’S use thereof to determine and ensure compliance with this Agreement and to protect itself and other USERS of Funding RoadmapTM from fraudulent, unlawful, dangerous or abusive use of Funding RoadmapTM. Unismart Capital Software Inc. may also intercept and disclose any content, record, use or other information to the extent reasonably necessary to protect the rights of or mechanical Unismart Capital Software Inc or service quality control as permitted by law, or to comply with any law, regulation, or governmental request. Unismart Capital Software Inc may also, at its discretion, review, edit, refuse to post or remove any material or information submitted or transmitted to www.FundingRoadmap.com. Unismart Capital Software Inc will not, however, intentionally intercept or disclose any private e-mail message unless required or permitted by law to do so, and Unismart Capital Software Inc. shall be under no obligation to monitor, review, screen, edit or otherwise control any information or material contributed to FundingRoadmap.com
Funding Roadmap™ Licenses: Unismart Capital Software Inc hereby grants to SUBSCRIBER a non-exclusive, non-transferable license to use Funding RoadmapTM and to have its USERS use Funding RoadmapTM in accordance with the terms and conditions of this Agreement. SUBSCRIBER agrees to respect the copyright and other proprietary rights of third party licensors of Funding RoadmapTM and to abide by the terms of license agreements applicable thereto and to ensure that its USERS also abide by the terms of license agreements applicable thereto.
Throughout the term of this Agreement, SUBSCRIBER and its USERS may use Funding RoadmapTM solely for the purpose for which it is intended and
Unismart Capital Software Inc. is the copyright and patent pending owner of Funding RoadmapTM. The technical procedures, processes, methods of operation, and concepts which are embodied within the Funding RoadmapTM are trade secret information of Unismart Capital Software Inc and/or its licensor(s). This license is not a sale of a copy of the Funding RoadmapTM and does not render SUBSCRIBER or its USERS ownership of a copy of the Funding RoadmapTM. Ownership of the Funding RoadmapTM and all components and copies thereof shall at all times remain with Unismart Capital Software Inc and its licensor(s), regardless of who may be deemed the owner of the tangible median in or on which the Funding RoadmapTM may be copied, encoded or otherwise fixed. However all data and files submitted by SUBSCRIBER and its USERS to Funding RoadmapTM shall at all times be the property of SUBSCRIBER.
SUBSCRIBER will make all reasonable efforts to prevent any unauthorized copying of Funding RoadmapTM or disclosure or use of the Funding Roadmap. Unismart Capital Software Inc or any third party licensor’s trade secret information, and SUBSCRIBER will advise its USERS who are permitted access to Funding RoadmapTM of the restrictions upon duplication, reverse engineering, disclosure and use contained in this Agreement. SUBSCRIBER will be liable for any unauthorized copying, reverse engineering, disclosure and/or use by its USERS, employees or agents.
SUBSCRIBER will not lease, rent, sell, pledge, assign, sublicense, loan or otherwise transfer to any third party any part of Funding RoadmapTM or any copy thereof or any of SUBSCRIBER’S rights under this Agreement without the prior written consent of Unismart Capital Software Inc.
Subject to the limitations of paragraph 11, Unismart Capital Software Inc will indemnify SUBSCRIBER and hold SUBSCRIBER harmless against costs, expenses and liabilities upon any claim by any third party that Funding RoadmapTm infringes or violates any copyright, trademark or trade secret rights of such third party, provided that: a) SUBSCRIBER notifies Unismart Capital Software Inc within seven(7) days in writing of any notice of any such claim; b) SUBSCRIBER cooperates with Unismart Capital Software Inc. in all reasonable respects in connection with the investigation and defense of any such claim; c) Unismart Capital Software Inc. shall have sole control of the defense of any action on any such claim and all negotiations for its settlement or compromise; and d) should Funding RoadmapTM become, or in Unismart Capital Software Inc. opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, SUBSCRIBER will permit Unismart Capital Software Inc at Unismart Capital Software Inc.’s option and expense, either to: i) procure for SUBSCRIBER the right to continue using Funding RoadmapTM; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this license insofar as the use of FundingRoadmap.com is concerned, and refund to SUBSCRIBER the proportionate amount of payment fee paid to Unismart Capital Software Inc for the period for which such payment has not been earned. Notwithstanding anything herein to the contrary, however, Unismart Capital Software Inc. shall have no obligation or liability to SUBSCRIBER under any provision of this paragraph if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon the use of Funding RoadmapTM in a manner other than that for which it was furnished by Unismart Capital Software Inc or upon any modification by or for SUBSCRIBER, in such a way as to cause it to become infringing.
If Funding Roadmap™ does not conform to and perform substantially in accordance with Unismart Capital Software Inc.’s specifications, Unismart Capital Software Inc. will endeavor to correct any failure of Funding RoadmapTM to so conform or perform; provided that: a) SUBSCRIBER gives Unismart Capital Software Inc written notice of any such claimed failure to so conform or perform within said fifteen(15) day period of the effective date; and b) such failure to so conform or perform is not, in Unismart Capital Software Inc.’s reasonable opinion, a result of any modification of or damage to FundingRoadmap.com or its operating environment or of SUBSCRIBER and its USER’S failure to operate Funding RoadmapTM in the proper hardware and software environment. SUBSCRIBER’S sole and exclusive remedy for breach of the foregoing warranty shall be that: a) Unismart Capital Software Inc will endeavor to correct within a reasonable time any reported failure of Funding RoadmapTM to substantially conform to or perform substantially in accordance with Unismart Capital Software Inc’s specifications; or b) in the event that Unismart Capital Software Inc. shall fail or be unable for any reason to correct any failure of Funding RoadmapTM to substantially conform to or perform substantially in accordance with Unismart Capital Software Inc.’s specifications, SUBSCRIBER may terminate this license and cease using Funding RoadmapTM and Unismart Capital Software Inc. will refund to User the full amount of any license fee paid to Unismart Capital Software Inc. from the date any error is reported.
On-line Software Updates.Unismart Capital Software Inc. may, when feasible, remotely update any version of the Funding Roadmap, either with or without notice to SUBSCRIBERS or its USERS. Such updates may occur automatically or may occur pursuant to prompts which appear on SUBSCRIBERS or its USERS terminal screen during use of Funding RoadmapTM. Any updated version of Funding RoadmapTM furnished to SUBSCRIBER by Unismart Capital Software Inc. will be subject to all of the same terms and conditions of this license or other license agreement applicable to the version being replaced. Funding RoadmapTM may send email communications and inter system messages to SUBSCRIBERS explaining new features of the Funding RoadmapTM software and other news concerning Unismart Capital Software Inc.
Funding Roadmap™ Help Desk. Throughout the term of this Agreement, Unismart Capital Software Inc. will maintain e-mail support help desk to assist paying SUBSCRIBERS in their use of Funding RoadmapTM as posted on www.fundingroadmap.com
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED ABOVE, Funding RoadmapTM, AND INFORMATION AVAILABLE THROUGH Funding RoadmapTM ARE FURNISHED BY Unismart Capital Software Inc. AND ACCEPTED BY USER “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. YOU UNDERSTAND AND AGREE THAT THE USE OF UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES AND IT’S REPORTING PLATFORM IS AT YOUR OWN RISK AND THAT THE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, TERM OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SERVICES OR USE OF THE UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES TO BE PROVIDED OR WITH RESPECT TO ANY POSTINGS PURSUANT THERETO, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR CAUSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
WE WILL MAKE EVERY EFFORT TO MEET SUBSCRIBER’S REQUIREMENTS. THAT THE OPERATION OF UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL FAILURES OF THE Funding RoadmapTM TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH Unismart Capital Software Inc.’s SPECIFICATIONS WILL BE CORRECTED. EXCEPT AS EXPRESSLY PROVIDED ABOVE AND IN SUCH WARRANTIES, IF ANY, AS MAY BE PROVIDED BY THIRD PARTY VENDORS OF EQUIPMENT OR SOFTWARE UTILIZED IN CONNECTION WITH UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF FUNDING ROADMAPTM, AND INFORMATION OBTAINED THROUGH UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES IS WITH SUBSCRIBER.
LIMITATION OF UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES LIABILITY. IN NO EVENT WILL UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES. BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED BY Unismart Capital Software Inc OR UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF Unismart Capital Software Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF Unismart Capital Software Inc. UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY INFORMATION, PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY Unismart Capital Software Inc. UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID TO Unismart Capital Software Inc.OR UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES BY SUBSCRIBER UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE Unismart Capital Software Inc.UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.
Throughout the Term of this agreement and for a period of three years from the date of its termination, SUBSCRIBER, or any of its USERS, shall not develop a service or software that competes with, or is similar to, Funding RoadmapTM without the express written approval of Unismart Capital Software Inc. Directors.
Term and Termination. This Agreement shall be effective immediately and shall continue in effect on a month-to-month basis until terminated as provided herein. Either party may, at its election and in its sole discretion, terminate this Agreement as of the end of any calendar month by written notice to the other party at least thirty (30) days prior to the effective date of termination. SUBSCRIBER may, at its option, terminate this Agreement effective immediately by written notice to Unismart Capital Software Inc. within thirty (30) days following the date on which access to Funding RoadmapTM first becomes available to SUBSCRIBER. UNISMART CAPITAL SOFTWARE INC may, at any time, terminate this Agreement and/or terminate SUBSCRIBER’S access to any or all of Funding RoadmapTM without advance notice if SUBSCRIBER or anyone of its authorized USERS commit any violation of paragraphs 4 through 7 above. Upon termination of this Agreement, SUBSCRIBER will immediately cease and desist from using Funding RoadmapTM and will loose all access and content on their subscription if they have not saved a copy to a PDF file.
Funding Roadmap™ Access and Service Fees.SUBSCRIBER will pay to Unismart Capital Software Inc implementation charges as posted on Funding Roadmap.com or as agreed to from time to time. Throughout the term of this Agreement, SUBSCRIBER will pay Unismart Capital Software Inc a yearly fee determined in accordance with fee schedules established by Unismart Capital Software Inc. for Funding RoadmapTM from time to time as posted at Fundingroadmap.com. In addition, SUBSCRIBER will also pay or reimburse Unismart Capital Software Inc. for all sales, use, excise, and other taxes and governmental charges including GST (other than income taxes) which Unismart Capital Software Inc. is at any time required to pay or collect in connection with the furnishing of Funding RoadmapTM under this Agreement. SUBSCRIBER’s credit card will be charged for the annual and other charges to be paid under this Agreement. PLEASE NOTE credit card statements will indicate that charges are paid to Unismart Capital Software Inc. If SUBSCRIBER gives written notice of termination of this Agreement within thirty (72 hours) following the date on which access to Funding RoadmapTM first becomes available to SUBSCRIBER, Unismart Capital Software Inc. will credit SUBSCRIBER’S account for all installation and service fees incurred up to the date on which such notice of termination is received except for customized web site installation charges, which shall not be refunded. Payment terms of all charges by Unismart Capital Software Inc. to SUBSCRIBER under this Agreement are net thirty (30) days from date of charge. Any amount not paid when due will accrue a finance charge at the rate of two percent (2%) per month (26.82% per year), or the highest rate permitted by law, whichever is less, until fully paid.
Change in Yearly Fees.Unismart Capital Software Inc. may change the amount of the Yearly Subscription and other fees to be paid by SUBSCRIBER by giving at least forty-five (45) days prior written notice thereof to paying SUBSCRIBER.
Financial Information. All financial information submitted via Funding RoadmapTM by SUBSCRIBER shall at no time be the responsibility of Unismart Capital Software Inc. in any fashion whatsoever and may be shared with such financial institution as may be required.
Credit Card Information. Unismart Capital Software Inc. does not store the credit card information of USERS UNLESS the SUBSCRIBER inputs credit card Unismart Capital Software Inc. into the auto billing feature within recurring profiles module. SUBSCRIBERS, who enable auto billing and choose to store the credit card information of their USERS, are responsible for the security of that credit card information. When storing credit card information using the Unismart Capital Software Inc. recurring profiles module SUBSCRIBERS acknowledge that they are aware of, and accept as satisfactory, Unismart Capital Software Inc. credit card protection procedures. To safeguard credit card information, Unismart Capital Software Inc. encrypts all stored credit card numbers, uses a restrictive firewall to protect stored data and uses 128 bit SSL certificates to encrypt data during transfer between web browsers and the Unismart Capital Software Inc. databases.256-bit Secure Sockets Layer encryption When storing credit card information using the Unismart Capital Software Inc. recurring profiles module, the responsibility for the security of any credit card information stored by Unismart Capital Software Inc. on behalf of its SUBSCRIBERS is solely the responsibility of the Unismart Capital Software Inc. SUBSCRIBER. Unismart Capital Software Inc and UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES is not responsible for the security of any credit data and SUBSCRIBERS indemnify and save harmless Unismart Capital Software Inc and UNISMART CAPITAL SOFTWARES FUNDING ROADMAP NETWORK OF SITES from any claim or demand resulting from the theft or loss of any credit card information. Credit card data is provided by the SUBSCRIBERS and their USERS of Unismart Capital Software Inc. who are responsible for its protection.
Manner of Giving Notice. Any notice required or permitted under this Agreement may be by e-mail properly addressed to the intended recipient. Notice under paragraph 14 may also be given by posting bulletins on FundingRoadmap.com
Non-Waiver.The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
Sever Ability and Choice of Law. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws applicable in the Clark County, Nevada USA and the parties hereto irrevocable submit to the exclusive jurisdiction of the courts of Henderson Nevada.
Assignment and Binding Effect.Unismart Capital Software Inc.and UNISMART CAPITAL SOFTWARE’S FUNDING ROADMAP NETWORK OF SITES may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. SUBSCRIBER may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Unismart Capital Software Inc. This Agreement shall be binding upon and insure to the benefit of the parties and their respective successors and permitted assigns.
For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written blog comments, information, data, text, photographs, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Funding Roadmap
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the fundingroadmap.com or its subscription based reporting system including without limitation any User Submission, that:
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
You shall not do anything that infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, torturous, obscene, offensive, constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
• impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the FundingRoadmap.com or any activities conducted on the Fundingroadmap.com ; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Funding Roadmap or and part of www.fundingroadmap.com except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Funding Roadmap, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Company does not guarantee that any Content or User Submissions within the Funding Roadmap or on its websites and deal flow market place will be made available on the Site or through the Funding Roadmap. Company has no obligation to monitor the Site, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the website at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Funding Roadmap.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site or your subscription or listing on the dealflow marketplace,or what Content they or you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through FundingRoadmap.com or the Funding Roadmap business plan and due diligence reporting system cloud based software.
The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Indemnification
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
IN NO EVENT SHALL COMPANY UNISMART CAPITAL SOFTWARE INC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Entire Agreement. This Agreement sets forth the entire agreement and understanding between Unismart Capital Software Inc and UNISMART CAPITAL SOFTWARE’S FUNDING ROADMAP NETWORK OF SITES and SUBSCRIBER, reviewer,free trial users and people who list on the dealflow market place and anyone else who uses the http://fundingroadmap.com website or business plan reporting system regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except by a writing signed by the party against whom the same is sought to be enforced.
