APPLICATION SOFTWARE AND SERVICE AGREEMENT
THIS LEGAL AGREEMENT IS BETWEEN YOU AND WAIVERKING INC. AND GOVERNS YOUR USE OF THE WAIVERKING.COM APPLICATION SOFTWARE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AS DETAILED BELOW BY LOGGING INTO OUR SITE WITH YOUR LOGIN AND CLICKING THE “AGREE” TEXT BOX.
LICENSE GRANT. WAIVERKING.COM ("Licensor") hereby grants you a nonexclusive license to use its application software (“WK Software”) and service (“Service”) and any updates for the purpose of data entry into legal waivers for commercial use as an add-on to the MindBodyOnline (“MBO”) software, subject to the following conditions:
• You may use the Service subject to the terms and conditions of this License.
• The Service is available to all users of MBO as an application. Waiverking.com is a separate business from MBO and not a partner, joint venture or party to this contract.
• The Service provides you with way to incorporate your waivers into the MBO software.
• You may not modify, reverse engineer, or decompile the WK Software or Service or create derivative works based on the WK Software or Service. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the WK Software or Service to any other person or entity or make any other commercial use of the WK Software. You must retain all copyright and trademark notices on the WK Software and service and take reasonable steps to protect Licensor's intellectual property rights. Except as specifically set forth in this Agreement, Licensor owns and retains all right, title, and interest in the WK Software and Service and any and all related materials. This Agreement does not transfer any ownership rights in the WK Software or Service or any relatedmaterials to you or to any third party.
• You must use your own legal waiver language prepared by an attorney as Waiverking.com does not advise, provide, guarantee, or sell any legal services or products. You agree that you have been advised to seek counsel in your specific state, province or country to properly use any legal document in conjunction with this Software. Further, You take responsibility for the content of the specific waiver that you load on the Software and the information You decide to save while using the Software and Service. You are responsible for making sure that your use of the Software and Service results in a saved legal document for your particular business. Licensor and WaiverKing Inc. shall not take any responsibility for any failure of the Software or Service. It is YOUR responsibility to ensure your documents are saved and stored appropriately.
• To the extent you choose to use the WK Software, Licensor makes no representation that the Service is appropriate or available for use in any particular location. To the extent you use the WK Software and/or Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
• You must use a secure internet connection. You agree and understand that the Service does not provide a security function and does not store information. Licensor is cloud based and does not keep third party information. You agree that you will provide security and/or information saving features to be used in conjunction with the use of the WK Software and Service.
WARRANTY OF TITLE. Licensor warrants that it is the owner of the Software or has the right to grant the license described in this Agreement without violating the rights of any third party.
WARRANTY DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF:
(b) FITNESS FOR A PARTICULAR PURPOSE; AND
(c) NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND SERVICE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK OR COST ASSOCIATED WITH SUCH DEFECT AND ANY SERVICE AND REPAIR. LICENSOR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LICENSOR DISCLAIMS ANY LIABILITY RELATING THERETO.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF PROFITS, REVENUE, DATA, OR USE OR COST OF SUBSTITUTE GOODS INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAIVERKING SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES TO THIRD PARTIES UNDER ANY CIRCUMSTANCES.
TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above.
FEES. Licensor accepts credit cards and will automatically charge the payment method associated with your account. Each use of the Service is (0.50 USD) unless you enter into a monthly agreement as provided on the Waiverking.com site and incorporated by this reference. Licensor may obtain preapproval for an amount up to the amount of the transaction in one month. Billing occurs at the time of or shortly after your transaction. You agree that you will pay the fees for use of the WK Software and Service including any taxes if applicable. YOU ARE RESPONSIBLE FOR PROVIDING LICENSOR WITH A VALID CREDIT CARD FOR PAYMENT OF FEES.
BACKUP. You are responsible for backing up, to your own computer or device, any documents generated by the WK Software. Licensor does not guarantee or warrant that any Content you store or access through the WK Software will not be subject to inadvertent damage, corruption or loss.
EXPORT CONTROLS. None of the WK Software or Service or underlying information or technology may be downloaded, exported, or reexported into any country to which the United States ("U.S.") has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the WK Software and Service, you are agreeing to the foregoing and you are representing and warranting that you are not a national or resident of, or located in or under the control of, any country subject to such export controls.
RESTRICTED RIGHTS. The WK Software and Service is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, or subparagraph (d) of the Commercial Computer Software—Licensing at NASA FAR Supplement 16-52.227-86, or their equivalent, as applicable.
INDEMNITY. You agree to defend, indemnify and hold Licensor, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim ordemand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b)your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Licensor as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred;or (e) your violation of any rights of another. This means that you cannot sue Licensor, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors asa result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the WK Software and Service, or to take any other action during the investigation of a suspected violation or as a result of Licensor’s conclusion that a violation of this Agreementhas occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the WK Software and Service. You acknowledge that you are responsible for all use of the Software and Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Licensor from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
NOTICES. Licensor may provide you with notices regarding the WK Software and Service, including changes to this Agreement, by email to your email address (and/or other alternate email address associated with your Account if provided), by regular mail, or by postings on our website and/or the Software.
GOVERNING LAW. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Licensor shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Software from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of: Any European Union country or Switzerland, Norway or Iceland the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
MISCELLANEOUS. This Agreement represents the complete agreement between the parties concerning the Software and this license, and supersedes any and all prior agreements or representations. This Agreement may only be amended by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as if this Agreement had been entered into in between California residents and fully performed within California.
ELECTRONIC CONTRACTING. Your use of the WK Software and Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SOFTWARE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
WaiverKing.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site: WaiverKing.com Information Collection and Use
WaiverKing.com collects personally identifiable information when you register for a WaiverKing.com account.
When you register with WaiverKing.com, we ask your name, email address.
Once you register with WaiverKing.com and sign in to our service, you are not anonymous to us.
WaiverKing.com automatically receives and records information on our server logs from your browser including your IP address, WaiverKing.com cookie information and the page you requested.
Information Sharing and Disclosure
We don't collect personal information without your knowledge. We don't sell, rent, or give your personal information to unrelated third parties without your prior permission.
Cookies WaiverKing.com may set and access Cookies on your computer to manage your sign-in status.
Security Your WaiverKing.com account information is password-protected for your privacy and security.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can Contact Us.
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WaiverKing has simplified and perfected the waiver/document process so you can focus on servicing your clients and growing your business.
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