Terms of Use

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 this Agreement and any other agreement or understanding related to the Site, this Agreement shall govern and control.

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

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 non-exclusive 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, whether 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. Tom Sawyer Software reserves all rights not expressly granted herein.

Tom Sawyer Software may provide links from the Site to third-party websites and also may permit third parties ("Other Sites") to link to the 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 organization, website, or product. Links to this 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 as an endorsement of another organization, website, or product.

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

Unless you agree to the following terms, Tom Sawyer Software asks that you not upload or otherwise provide to our Site 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 (collectively, "Submissions"). You agree that you will only send us Submissions that you have the right and authority to grant to Tom Sawyer Software all of the licenses and rights set forth herein. In the event that you provide to our Site Submissions, except for those portions of Submissions containing personal information restricted by our Privacy Policy, you grant Tom Sawyer Software a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Submission for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Submission into any Tom Sawyer Software product or service, and to display, market, sublicense and distribute the Submission as incorporated or embedded in any product or service distributed or offered by Tom Sawyer Software without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Tom Sawyer Software's exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Submission have been waived to the full extent allowed by law.

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).

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. (If your state does not allow the exclusion or limitation of special, incidental, or consequential damages, the above exclusion or limitation may not apply to you.)

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.