user agreement

topeweb.com (working under "njsoft (Nikola Jovanovic)" brand), hereinafter referred to as the "Operator", offers to a person registered at the site www.toperweb.com (hereinafter — the Operator Site), hereinafter referred to as the "User", to enter into a contractual relations concluding the Agreement as follows.

1. GENERAL PROVISIONS
1.1. This Agreement shall govern relations of the Parties connected with the using of objects of intellectual rights by the User, which are owned by the Operator (hereinafter — the Objects). Any using of the Operator's Objects means that the User accepts all provisions of this Agreement in full volume exclusively and unconditionally.
1.2. In case if the User does not attain majority, in case of acceptance conditions of the Agreement, he shall inform his legal representatives thereabout and receive their consent to conclude the Agreement.
1.3. Any conditions of the Agreement can be changed by the Operator unilaterally. The Operator is not obliged to inform the User about such changes in advance. Any amendments to the Agreement made by the Operator on the unilateral basis shall become valid on the day following the day of publishing such amendments at the Operator Site.

2. TERMS USED IN THE AGREEMENT
2.1. Agreement — agreement about rendering of Services (this document) including any Schedules thereto.
2.2. TOPER Client — the software required to perform take-off calculations.
2.3. Login and Password — two unique sets of symbols created by the User.
2.4. Registration data — information about the User provided by him during registration at Operator Resources.
2.5. Services — services rendered for the User including providing of the possibility to access the calculator, as well as the access to information collection of different type and subjects located in the Internet and at the Operator Resources.
2.6. Site — main information resource in the Internet owned by the Operator, where the information about a list, procedure and conditions of Services rendering is placed.
2.7. Resources — all servers and services located in the domain toperweb.com and its subdomains.
2.8. Objects — objects of intellectual rights of the Rightholder. Objects include directly the Site, Resources, and other objects of copyrights and allied rights with regard to which the Operator is the exclusive right holder.

3. DESCRIPTION OF SERVICES
3.1. Resources of the Operator provide the following Services:
a) proper access to information collections placed at the Resources;
b) communication services (forums, etc.)

4. RIGHTS AND OBLIGATIONS OF THE OPERATOR
4.1.The Operator undertakes to keep confidentiality of Registration data and other data about the User, except for cases envisaged by the legislation of the USA.
4.2. The Operator reserves the right to deny or susspend the service if any missuse is susspected.
4.3. The Operator guarantees representation of the Operator resources in the English languages.
4.4. The Operator reserves the right to collect and to use any information received by the Operator during the calculation process of the User in his discretion.
4.5. Operator has the right to remove or modify any content posted by the User on the Resources without the prior consent of the Operator or not provided for by the present Agreement.
4.6. Operator has the right to unilaterally and at any time limit, extend, modify or terminate the provision of services with the notification of the User on the Resources of the Operator.
4.7. In case of disagreement of the User with the decision of the Operator on the restriction, modification or termination of the provision of Services, User must notify the Operator in writing, describing the essence of the claim and its claims. Operator is obliged to consider the claims received and to answer the User.
4.8. Operator has the right without the consent of the User to set a fee for the access of the User to the expanded functionality.
4.9. Operator is not liable for temporary interruptions and break-downs in the operation of the communication lines, and other similar disruptions, as well as the break-downs of the computer from which a User is connected to the Internet and/or launches the calculator.
4.10. In the event of loss of User login to the Web-site of the Operator, Operator does not provide access to the website and paid for additional services.

5. RIGHTS AND LIABILITIES OF THE USER 
5.1. User, under the terms defined in the Agreement, has the right to use Objects, for which the Operator has exclusive rights.
5.2. User is required to specify accurate information at the time of activation of account and token purchase, on the Resource of the Operator.
5.3. User agrees not to violate the intellectual rights, under the terms of the Agreement.
5.4. User is required to independently take appropriate measures to ensure the safety of its user login and password and prevent unauthorized use by third parties of such login and password.
5.5. Operator grants access to the User. User individually at own expense covers the access to the Internet.

6. RELEASE OF GUARANTEE 
User understands and agrees that:
6.1. User uses the Resources of the Operator at own risk. Services are provided by the Resources in the state of «as is».
6.2. Operator is not liable for any wrongful acts of the User.
6.3. The operator does not warrant that:
a) Resources will meet the requirements of the User;
b) service on the Resources of the Operator would be provided continuously, quickly, reliably and without errors; c) results that may be obtained by using the service will be errorless;
g) quality of any product, service, information, etc., obtained with the use of the service provided at the Resources would be in line with expectations of the User.
6.4. Operator is not liable for the infliction of any direct or indirect damage that occurred because of: 
a) the use or inability to use the Resources of the Operator;
b) unauthorized access to personal information of the User;
c) statements or conduct of any third party on the Resources of the Operator.

7. TITLE TO THE RESULTS OF INTELLECTUAL ACTIVITY
7.1. All intellectual property rights, including the exclusive ones to the Objects of the Operator (i.e. the text content, images, multimedia content, program codes and other objects of copyrights) shall remain with the Operator.
7.2. Entering into the Agreement shall in no way be construed as assignment of any rights by the Operator to the User in part of the Objects and/or the Resources of the Operator.