If you are prone to falling asleep while reading legal documents, MHW recommends you drink a triple espresso before proceeding any further.
MHEALTHWATCH (“MHW”) PROVIDES ALL SERVICES SUBJECT TO THIS AGREEMENT SO PLEASE READ IT. BY ORDERING SERVICES FROM MHW, YOU (INCLUDING YOUR EMPLOYER AND ANY AFFILIATES AND ITS OR THEIR EMPLOYEES, CONTRACTORS AND AGENTS) (“you” or “your”) ACCEPT AND WILL FOLLOW THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, IF YOU ARE NOT OVER THE AGE OF 18 (EVEN IF YOU ARE MATURE FOR YOUR AGE), OR IF YOU ARE OTHERWISE UNABLE BY LAW TO BE A PARTY TO THIS AGREEMENT, PLEASE DO NOT ORDER SERVICES FROM MHW. MHW RESERVES THE RIGHT TO IMMEDIATELY DISCONTINUE SERVICES BEING PROVIDED TO YOU IF YOU DO NOT COMPLY WITH THIS AGREEMENT.
TO THE EXTENT THIS AGREEMENT IS INCONSISTENT WITH OR CONFLICTS WITH ANY OF THE TERMS OF A WRITTEN AGREEMENT BETWEEN YOU AND MHW, THE TERMS OF YOUR WRITTEN AGREEMENT WITH MHW WILL CONTROL WITH RESPECT TO THOSE CONFLICTING OR INCONSISTENT TERMS.
Rules. Rules. Rules.
Well . . . first off, MHW reserves the right to change the terms and conditions of this Agreement at any time by:
- Posting notice of the changes and the updated Agreement on MHW’s website (www.mobilemarketingwatch.com) (the “Site”); or
- Providing notice of the updates and revisions to the email address provided by you to MHW.
MHW doesn’t like changing this Agreement any more than you like reading it, but sometimes it happens, so please check for changes regularly. Continued use of the Services after any such changes means you agree with the changes, including changes in fees.
The Software (defined below) and Services allow you to set up user accounts and related user identification numbers and passwords (collectively “User IDs”). You shall be responsible and liable to MHW for all uses of such User IDs and all fees incurred for Services ordered under your User IDs, whether or not authorized by you.
Let’s obey the law
We all have to play by the rules. Plain and simple . . . you agree that it’s your sole responsibility to ensure that the Services requested by you and performed by MHW comply with all applicable Laws.
Treat others the way that you want to be treated. In other words, you agree not to:
- Use the this Site or the Services for any unlawful purpose or other stuff your mom wouldn’t like, which (for most moms) includes: pornography and “adult” products/services;
- Display or transmit unlawful material or content
- Create a false identity or forged email address;
- Express or imply that any statements you make are endorsed by MHW, without our prior written consent;
- Use our services to spam others
- Modify, adapt, sub-license, sell, reverse engineer, decompile or disassemble any portion of this Site or the Services;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or the Services;
- “Frame” or “mirror” any part of this Site without our prior written authorization;
- Attempt to hack us
Us keeping an eye on you
Yup . . . we’re keeping an eye on you. MHW has the right, but not the obligation, to monitor, listen in on and otherwise review, at any time, all Content to make sure you’re complying with this Agreement and the Laws; but MHW is not responsible or liable for your Content.
What’s ours is ours
Ah, yes . . . that coveted word. All worldwide right, title and interest in and to the Services, and all components thereof, including without limitation the software (the “Software”) used to receive orders and information from you for Services and to provide the Services to you, shall be and remain the sole and exclusive property of MHW or its third party licensors, as applicable. There are no implied licenses. Also, don’t try to get into your lab and reverse engineer our technology. You can bet your bottom dollar that you’d have to ask us to do that first. We’ll probably say “NOOOO”.
Is something yours?
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we are hosting infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
What you’re on the hook for
Unless you are currently under contract with MHW, your Agreement will be on a month-to-month basis and will continue until it’s terminated as described herein.
Ok, now for the fun stuff . . .
OUR LAWYER TELLS US THE NEXT TWO PARAGRAPHS NEED TO BE CAPITALIZED, AND WE DON’T WANT TO PAY TO ARGUE WITH OUR LAWYER. IF THE TRIPLE ESPRESSO WE INITIALLY RECOMMENDED HAS WORN OFF, HAVE ANOTHER BEFORE READING THE REST OF THIS AGREEMENT.
NO WARRANTY AND DISCLAIMER
MHW MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. MHW MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS TO BE ACHIEVED BY YOU AFTER PERFORMANCE OF THE SERVICES. MHW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. YOU’RE NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE SERVICES. MHW does not warrant the accuracy or reliability of the results obtained through the Services or any data or information downloaded or otherwise obtained or acquired through or in connection with the Services. You acknowledge that any data or information downloaded or otherwise obtained or acquired through or in connection with the Services are at your sole risk and discretion and MHW will not be liable or responsible for any damage to you or your property in connection therewith.
LIMITATION OF LIABILITY
IN NO EVENT WILL MHW’S CUMULATIVE AGGREGATE LIABILITY RELATED TO SPECIFIC SERVICES PROVIDED TO YOU EXCEED THE AMOUNTS RECEIVED FROM YOU WITH RESPECT TO SUCH SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER BREACH OF CONTRACT, TORT, NEGLIGENCE OR OTHER CLAIM. IN NO EVENT SHALL MHW BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, NON-COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. THE LIMITATIONS IN THIS SECTION (I) ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND SHALL SURVIVE AND (II) APPLY NOTWITHSTANDING THE VALIDITY OF THE LIMITED REMEDIES PROVIDED FOR IN THE AGREEMENT OR IF ANY SUCH LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.