MWebWare - Terms of Use

1. Application of these terms

These Terms of Use apply to your use of our online platform for the management of staff and facility schedules or other services provided on our platform (the “Service”).

These Terms of Use also apply to your use of our website (https://www.mwebware.com) and all mwebware.com subdomains.

In these Terms of Use, “we,” “us,” and “our” means MWebWare Software Services, and any of its affiliates.

2. Legally binding agreement

By logging into the Service, accessing or using the Service, or our website, you accept and agree to, and intend to be legally bound by, these Terms of Use, including any changes that may be posted on our website from time to time.

You should not use the Service or our website if you have objections to any of these terms.

3. Our contact information.

You should contact us as provided in this item 3 with any questions or concerns:

Email:
info@mwebware.com

Address:
MWebWare SoftwareServices.
10110 Sutherland
Silver Spring, MD 20901,
(+) 301 591 3855,
USA

#1-98/7/42, Jaihind Enclave Road,
Madhapur, Hyderabad - 500081
+91-040-29705578
INDIA

4. Your account

Our Service is for participants over the age of 18. Our Service is offered and available to users who are 18 or older. You may not use our Service or website if you are under the age of 18. By using our Service or website, you represent that you meet these requirements.

In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not request, or knowingly collect, personal information from children under 13. If we learn of any mistaken or inadvertent collection or receipt of personal information from a child under 13 through their misuse of our website, we will delete that information from our records. We ask all parents and guardians to assist us in our efforts to comply with COPPA by prohibiting children under the age of 13 from providing us with any personal information or using our website without parental oversight and assistance. If you believe we might have any information from or about a child under 18, please contact us as provided in item 3 above.
You may not share your personal username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for maintaining the confidentiality of your account and the accuracy and privacy of your account information. You are also responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent or whether you authorized them).
We may terminate your account. If you violate the letter or spirit of these Terms of Use or of our Privacy Policy, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of our Service or website or terminate your account. We may use any means we determine to identify any violations.

5. Your content and user etiquette

You may use our Service or website only in compliance with applicable laws and proprietary rights. You agree to use our Service or website in compliance with all applicable laws (including, among others, international laws relating to privacy), all third-party rights (such as copyright and privacy rights), and any policies or requirements of which we make you aware.

You may not input or provide information to the Service that includes personal health information of any person or information that may be confidential or personally private or that violates the privacy or other rights of anyone else.

Among other things, you will be responsible for, and may not rely on the Service or any information produced by the Service in connection with, patient care requirements, legal or regulatory requirements, or other medical, diagnostic, or therapeutic use.

You may not make our Service or website available to any other person or copy, modify, adapt, reverse engineer, attempt to duplicate or make derivative works based on our Service or website, or otherwise use our Service or website for any purpose other than that for which it is intended. This prohibition includes recording, sharing, taking screenshots, distributing, or using in any way, other than for your use of the Service, any research, data, design, methodology, materials (including video, images, sound, text, artwork, downloads, or other media), or other content included in, or that is part of, an event, our Service, or website (“Content”) without written permission from MWebWare..

You will have no rights of ownership in our Content, Service or website or our intellectual property.

You assign to us any rights you may have in any of your suggestions or ideas related to our Content, Service, or website.

Any statement, information, or materials that you make or provide during or in connection with an event or other use of our Service or website becomes our property for any use we may determine, without any notice or compensation to you. Without limiting the foregoing, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such statements, information, or materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

All statements, information, or materials that make or in connection with your use of our Service or on our website must be honest and accurate. You may not make or provide any untrue statement, information, or materials. You represent and warrant that the statements, information, or materials you make or provide in connection with your use of our Service or on our website are and will be true and correct in all respects.

You represent and warrant that you have and will have the right to make or provide all statements, information, or materials during or in connection with use of our Service or on our website without violation of any law or of anyone else’s rights, including their rights of privacy, confidentiality, or intellectual property rights. We have the right (but not the obligation) to edit, delete, publish, or not publish anything posted by you. You, and not us, are liable for content or information you post on or link to our website or otherwise provide to us.

You may not bully, intimidate, or harass any other participant in our Service or user of our website. You may not post content or make any statement that is hateful, sexist, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence, or profanity. You may not use our Service or website to do anything unlawful, misleading, malicious, or discriminatory.

You may not copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on our Content, Service. or website. You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer, or sell our Content or Service in any way, for any public or commercial use, or provide it to any commercial source, regardless of whether or not you receive compensation, without our express, prior written permission. You may not frame any trademark, logo, or other proprietary information in our Content or website, and you may not remove or obscure the copyright notice or other notices displayed on the content.

You may not use our Service or website or if you are a competitor of ours. This includes accessing our Content, Service or website for any data collection or competitive purpose.

You may not access our website or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers). You may not upload viruses or other malicious code. You may not do anything that could disable, overburden, or impair the proper working of our website, such as a denial of service attack. You may, directly or through third parties, link content on or to our website only for the express purposes of our Service or our website, as determined by us at our sole discretion.

You may not use your account for commercial gain. You may not send or otherwise post unauthorized commercial communications (such as spam) on our website. You may not offer any contest, giveaway, or sweepstakes on our website.

6. Modifications to these Terms of Use

We may make changes to these Terms of Use from time to time in our sole discretion and may post any such changes on our website. Each time changes are made, a notice of these changes may be posted on our website. Your continued use of our Service or website following the posting of changes constitutes your acceptance of any such changes.

7. Modification or suspension of our Service or website

We may, in our sole discretion, and at any time, modify, discontinue, or suspend the operation of our Service or website, or any part, feature, or service of our Service or website, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.

8. Protection of our intellectual property rights

You acknowledge that our Content, Service, and website are protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

Except as otherwise noted, our Content, Service, and website are:

  Copyright © 2020 MWebWare Software Services.  
                              All Rights Reserved

Nothing contained in these Terms of Use or in our Service or website shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in these Terms of Use are reserved.

9. Trademarks/service marks

The trademarks, logos, service marks, names, and tag lines, used or displayed in our Service or website (collectively the “Marks”) identify our Service and inform the public that we are the source of those services. Nothing contained in our Service or website should be construed as granting any right or license to use any Mark. Your use of any Mark is strictly prohibited. You are advised that we may enforce our intellectual property rights to the fullest extent of the law.

10. Additional limitations of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR CONTENT, SERVICE OR WEBSITE OR ANY OTHER MATTER RELATING TO OUR SERVICE OR WEBSITE OR YOUR USE OF OUR SERVICE OR WEBSITE.
EXCEPT FOR OUR GROSS NEGLIGENCE THAT RESULTS IN DIRECT DAMAGES TO YOU, IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE TO YOU FOR, AND YOU WAIVE ANY RIGHTS YOU MAY HAVE TO, ANY DAMAGES FROM US. “DAMAGES” MEANS ANY AND ALL LOSSES, CLAIMS, OBLIGATIONS, LIABILITIES, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, JUDGMENTS, PAYMENTS, COSTS, AND EXPENSES (INCLUDING COURT COSTS, AMOUNTS PAID IN SETTLEMENT, JUDGMENTS, AND REASONABLE ATTORNEY FEES AND OTHER EXPENSES) AND DAMAGES OF ANY KIND, NATURE OR DESCRIPTION WHATSOEVER.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED YOUR PROPORTIONATE SHARE (BASED ON THE TOTAL NUMBER OF OUR CUSTOMER’S USERS) OF THE FEES RECEIVED BY US FROM THE CUSTOMER FOR THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RIGHT TO THE LIABILITY OR, IF GREATER, THE AMOUNT OF INSURANCE PROCEEDS ACTUALLY RECEIVED BY US, AND DESIGNATED FOR OUR LIABILITY TO YOU, BASED ON THE EVENT GIVING RISE TO THE LIABILITY TO YOU.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM ARISING OUT OF YOUR PARTICIPATION IN OUR SERVICE OR USE OF OUR CONTENT OR WEBSITE, OR IN ANYWAY RELATED TO THESE TERMS OF USE, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Disclaimer of warranties with respect to the use of our Service or website

OUR SERVICE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE OR WEBSITE, OR ANY OF THEIR FEATURES OR OUR SERVICES, MAY MEET YOUR REQUIREMENTS.

WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR SERVICE OR WEBSITE OR CONTENT OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE OR WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH OUR SERVICE OR WEBSITE ARE OBTAINED AND USED AT YOUR OWN RISK.

12. Additional indemnification

You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages resulting from or in any way connected with your use of our Service, website or Content, any statements, information or materials you make, submit, post, or transmit through our Service or website, your breach of these Terms of Use, or any of your other acts or omissions (whether or not relating to an event, our Service, or website).

13. Severability of terms

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the intentions of the parties as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.

14. Entire agreement

These Terms of Use constitute the entire agreement between you and us regarding the subject matter of these Terms of Use.

15. Applicable law

These Terms of Use and the resolution of any dispute related to these Terms of Use or the Service or our website shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.

16. Interpretation

As used in these Terms of Use, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation” and “or” shall be construed to be inclusive and have the meaning of “and/or”. No provision in these Terms of Use will be construed against us merely because of our or our counsel’s role in drafting these terms.

Software Development