Welcome to the Mountain Goat Software ("MGS")web site www.mountaingoatsoftware.com(the "Site"). MGS makes the Site and the related services on the Siteavailable to you subject to the following terms and conditions("Terms") of this "Agreement".
Important: if you choose to accept this agreement,you must do so as it is presented to youÃ‘no changes (additions or deletions)will be accepted by MGS.
For the purposes of this Agreement the followingdefinitions apply:
- "You" means you, the person using the Site.
- "MGS," "we" or "us" means Mountain Goat Software, Inc.
- License Grant to Use Site. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site. You may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that we have not specifically authorized to receive access to the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
- Unauthorized Uses. You agree that you will not use the Site in any of the following ways:
- For any illegal or unauthorized purposes that violate any laws in your jurisdiction (including but not limited to copyright laws).
- Modifying, adapting or hacking the Site or modifying another website so as to falsely imply that it is associated with MGS.
- Uploading, posting, hosting, or transmitting unsolicited email, SMSs, "spam" messages, worms or viruses or any code of a destructive nature.
- Security. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent from our Site will be secure during transmission.
- Suspension and Termination of Access.In our sole discretion, we have the right to suspend or terminate your access to and/or use of the Site for any reason at any time. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
- Trademarks. All brand, product and service names used on the Site that identify MGS, the Site and any services on the Site are proprietary marks of MGS or one of its affiliates. All brand, product and service names used on the Site that identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of MGS or any third party with respect to any such image, logo or name.
- Ownership and Intellectual Property Rights. You acknowledge and agree that we own all intellectual property rights, title, interest and associated goodwill in and to the Site and all software and concepts (and their documentation) associated with the Site and its services including all patents, licenses, copyrights, trademarks, know-how enhancements, updates, improvements and derivative works to any of the foregoing whether made by us alone, suggested by you, or developed jointly with or by others (including but not limited to the addition of new features, design changes, ideas, concepts, know-how, approaches, processes, methodologies and techniques).
- Amendment of Terms. You agree that we retain the right to amend these Terms and the Site and services at any time, for any reason, and without notice, and the right to terminate the Site or any service of the Site. You agree to review the posting of this Agreement at www.mountaingoatsoftware/terms. periodically to be aware of such changes. You will be bound by all such modifications, whether or not you have notice thereof. If any future changes are unacceptable to you, you should discontinue using the Site. Your continued use of the Site now, or following the posting of notice of any such changes, will indicate your acceptance of this agreement, and of any such changes.
- Disclaimer Warranty. The Site and its software and any content available through the Site are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied. Including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, MGS makes no warranty that the Site, including any services, will be uninterrupted, timely, secure, or error free, that the Site or its server(s) is free of viruses or other harmful components, that the Site, including the services will be available, or that content created on the Site is secure from unauthorized access. MGS makes no warranty regarding any software, goods, services, promotions, or the delivery of any software, goods or services, purchased, accessed or obtained through the Site or advertised through the MGS Site. No advice or information given by MGS, its employees or affiliates shall create a warranty.
- Limitation of Liability.
- You acknowledge your use of the Site, including any software or content on the Site, and any reliance upon it or the results you generate by using it, is at your sole risk. You agree that, to the fullest extent permitted by applicable law, under no circumstances shall MGS or its officers, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors, or any third-party provider of data or information, be liable for any consequential, indirect, incidental, special or punitive damages, loss of business revenue, lost profits, or loss of data, whether in an action under contract, negligence or any other theory, arising out of your use of or inability to use the services or the Site, or your reliance on any advice, information, or content on the Site or provided as part of the Site, even if MGS or any related party has been advised of the possibility of such damages. You agree that MGS shall have no liability for any content. You specifically acknowledge that down-time, loss of content, and computer viruses are risks inherent in the use of the Internet and software products, and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from these possible harms. You also specifically acknowledge that you may be disclosing sensitive, private and confidential content about yourself, your company or your project in your use of the Site and you agree to assume responsibility for any harm or damages of any kind or character whatsoever resulting from your release of such content.
- If you are dissatisfied with the Site, or with any of these terms, or feel MGS has breached these terms your sole and exclusive remedy is to discontinue using the Site and the services. The total liability of MGS to you for any claim arising from or relating to these terms or use of the Site shall not exceed the amount paid by you for the services in question. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.
- Indemnification. You agree to indemnify and hold MGS, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and Account holders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any rights of another.
- Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Boulder County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees. Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
- No Resale of Site or its Content. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site or its content.
- Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and MGS as a result of this Agreement or use of the Site.
- Force Majeure. MGS will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond MGSÃ•s reasonable control.
- Waiver. The failure of MGS to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by MGS in writing.
- Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
- Entire Agreement. This Agreement constitutes the entire agreement between you and MGS and governs your use of the Site, superseding any prior agreements between you and MGS. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Contact. MGS is located in Lafayette, Colorado, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows: