You may be referred to as Licensee. The terms "You", "User" or "Licensee" includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

We may be referred to as Licensor.   The terms "licensor", "we", "ours", or "us" may be used interchangeably throughout this agreement and refer to Dennis Hardy, and our  owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.

You must be at least 18 years old to access this website or to purchase products or services from us.

We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

This web site, and materials contained within, are subject to the protection of USA and International copyright laws.  Users may not reproduce any of these materials without the prior written permission of Dennis Hardy. 

ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.

Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.

As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.

The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others without the written consent of Dennis Hardy.

You will not give others access to your username and password.

You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic.

You agree not to use our services to send any sort of spam communications.  SPAM shall include, but is not limited to, the sending of any electronic mail message with the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).  The term `commercial electronic mail message' does not include a transactional or relationship message. 

You agree to not reference Dennis Hardy, DennisHardy.com or SoftwarePak in any such correspondence. Anyone reported to SoftwarePak for sending SPAM will be immediately reported to the FTC  for violation of the CAN SPAM act of 2003 and will be held both legally and financially responsible for their actions.

In addition, you agree to not use the Dennis Hardy, Dennishardy.com or SoftwarePak name or brand in any type of correspondence to third party mailing or 'opt in' lists, harvested email lists, safelists, newsgroups, forums, "faxblasts", or any form of communication that has been labeled as illegal by the CAN SPAM act of 2003.

You will not provide false or misleading information to us.

When you communicate with us, send us information, or provide content to us for our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

We respect your interest in your privacy and as a result we have created this informational disclosure.

We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.

Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.

The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on 'server logs' or 'raw server logs.' We may have access to our raw server logs and access reports prepared by our hosting provider.

We sell products and services. When sales are made financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and we do not receive your financial / credit card information.

In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. If you claim that your financial information was used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else we deem necessary to address the matter.

An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method.

As a customer you are agreeing to receive information about the product or service you purchased. This may include, but is not limited to, information about product or service updates, new features, or information we believe you may find interesting.

We may also send you information about other products and services our company offers.

We will not sell, provide, or transfer your email address to others.

We may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.

If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.

We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.

Cookies may be used to keep track of referred affiliate commissions and to monitor access to our website. You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.

Additionally, various third party information suppliers and other entities that provide information for this website, or for use by us, may use cookies. Examples include, but are not necessarily limited to billing providers, third party advertisers, and third party resources we promote.

Private information may be disclosed if required by a court order, statute, law, or regulation.

Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.

Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our website, products or services, or anyone else.

As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.

Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country.

After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.

This Agreement in all respects shall be governed by and construed according to the laws of the State of Virginia, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement is entered into in Chesterfield County, Virginia. You consent to the exclusive jurisdiction of Virginia for any dispute arising from or related to this Agreement.

You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Chesterfield County, Virginia.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.

Date of this Agreement: July 31, 2007