Terms of Service
Last Updated: Feburary 9, 2024
Moraware, Inc (referred to here as “Moraware”, “we”, “us”, or “our”) operates the https://www.moraware.com/ website (the “Site”). These Terms of Service (these “Terms”) apply to the Site and to any other website or application offered by us that references or links to these Terms (collectively, the “Services”). These Terms are in addition to other terms that Moraware may have with its customers and shall not replace or supersede any such other terms.
We may change these Terms from time to time without prior notice. If any change to these Terms is not acceptable to you, your only remedy is to stop accessing and using the Services.
If you are entering into these Terms on behalf of a company or other legal entity, “you” or “your” refers to that entity.
Use of Our Services. Subject to these Terms, you may access and use the Services only for your internal business purposes and lawful use. You shall not (a) copy, reproduce, transmit, license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party or any content, information, software, products, or services obtained from the Services, other than as expressly permitted by these Terms; (b) use the Services to process data on behalf of any third party, (c) use the Services, or any content within the Services, in any unlawful or prohibited manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components, or (d) solicit the performance of an illegal activity or other activity which infringes our rights or the rights of other individuals or entities.
Subject to your compliance with these Terms, you may access the Services and display and use the content of the Services made available via the Site, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, electronically copy or download onto your device or other technology used to access the Services and portions of the content from the Services, strictly for your internal business purposes and lawful use.
If you make any other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Prohibited Uses. You shall not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) modify, adapt or hack the Services to falsely imply any sponsorship or association with Moraware, (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calling or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; (d) attempt to gain unauthorized access to the Services or its related systems or networks, including content accessible via the Services; (e) reverse look up, trace, or seek to trace any information on any other use of or visitor to the Services to its source; (f) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or (g) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not use the Services to violate any applicable law, rule, or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
Intellectual Property. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, us.
Subject only to the limited right to access and use the Service expressly granted to you under these Terms, all rights, title and interest in and to the Services and its components, including, without limitation, all copyrights, trademarks, and other intellectual property rights there or relating thereto, will remain with and belong exclusively to Moraware, our licensors and service providers.
You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.
JobTracker, CounterGo, Systemize, and Moraware’s names and various logos used or displayed on the Service are trademarks of Moraware and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Moraware products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
Accounts. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Services. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account, including, but not limited to, your account password and the restricting access to your account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You agree and acknowledge that sharing login information is a security risk and may inadvertently compromise your account. You may create separate logins for as many people as your plan allows. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us if you desire to cancel your account on the Services. You may not use anyone else’s password or account at any time on the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.
Security. Moraware reserves the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data.
You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Moraware’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
Updates and Unavailability. We may from time to time, in our sole discretion, develop and provide Service updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You agree that all updates will be deemed part of the Services and subject to these Terms. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. Moraware cannot, and does not, guarantee any specific minimum availability of the Services.
No Waiver. The failure of Moraware to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. You acknowledge that these Terms is a contract between you and Moraware, even though it is electronic and is not physically signed by you and Moraware, and it governs your use of the Services and takes the place of any prior agreements between you and Moraware.
Feedback. We welcome your feedback, testimonials, comments, ideas and reviews about the Services (“Feedback”). Unless specifically otherwise stated, you agree that by submitting Feedback to us, (a) such Feedback shall be deemed to be non-confidential, and (b) you grant to us, our successors, affiliates, representatives and agents a perpetual, royalty-free, fully paid-up, irrevocable, transferable, worldwide right and license to use, transmit, copy, reproduce, publicly display or perform, create derivative works of, or otherwise use such Feedback, without compensation, acknowledgement or notice to you. You also represent and warrant to us that you have the necessary permissions and rights to provide such Feedback to us.
WARRANTY DISCLAIMERS. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SITE, ANY CONTENT, MATERIALS, INFORMATION, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS, LINKS, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND MORAWARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT MORAWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM MORAWARE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MORAWARE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION. IN ADDITION, MORAWARE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LESS, IN THE AGGREGATE. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Assignment. Moraware may assign or transfer these Terms, in whole or in part, without restriction. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred, or assigned by you. Any purported delegation, transfer, or assignment by you shall be null and void.
Severability. If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.
Jurisdictional Issues; Export Compliance. The Services are operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Services or any of its components. The Services may be subject to U.S. export control laws, including, but not limited to, the U.S. Export Administration Act and its associated regulations.
Governing Law and Venue. These Terms shall be governed by the laws of the State of California without regard to its principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Services.
Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms. Your use of the Services following the posting of the revised Terms indicates your acceptance of the changes.
Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at firstname.lastname@example.org.
Contact Us. If you have any questions about these Terms or our Services, please feel free to contact us by email at email@example.com