Website Terms of Use

ManagerPlus Solutions

 

 

Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the ManagerPlus Solutions, LLC (“ManagerPlus”) website located at www.managerplus.com, as well as all associated websites owned by ManagerPlus, which may include https://upgrade.managerplus.com, https://learningcenter.managerplus.com and related websites (collectively, the “Website”).

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. Please read these Terms of Use carefully. ManagerPlus reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by ManagerPlus. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, ManagerPlus grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents. The Website provides information and certain services related to ManagerPlus’s asset management software and its services.

Privacy

The Website supports ManagerPlus software, which is designed to assist organizations manage their equipment and assets, with functionality to organize records, manage work requests, schedule maintenance, and provide parts inventory. To operate the Website as intended, ManagerPlus collects and processes personal data. Please refer to ManagerPlus’s Privacy Policy, which is incorporated into this Terms of Use,  and informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the Internet can be guaranteed to be 100% secure and that ManagerPlus cannot ensure or warrant the security of any information transmitted to us.

Your ManagerPlus Account

Some features of the Website will require you to set up an account with ManagerPlus, such as seminar and webinar registration, technical support, and upgrading from desktop to cloud software. If you use the Website to set up an account with ManagerPlus, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that ManagerPlus is not responsible for third party access to your account that results from theft or misappropriation of your account. You may not assign or transfer your account to any other person or entity without ManagerPlus’s consent.

Suspension or Termination of Account or Website Access

ManagerPlus reserves the right, in its sole discretion, to suspend or terminate your account or your access to the Website, to terminate or delete any content (including your User Content) or ManagerPlus Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.

Third Party Linked Sites and Services

Certain services made available through the Website are delivered by third party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by ManagerPlus, and ManagerPlus is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. ManagerPlus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ManagerPlus of the site or any association with the owners or operators of the Linked Site.

Your personal data and information may be shared with the third parties who provide services to ManagerPlus and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Ownership

All content and materials on the Website or made available through the Website, including articles, videos, text, software, graphics, logos and images (“ManagerPlus Materials”), are the property of ManagerPlus or its suppliers or licensors. All ManagerPlus Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any ManagerPlus Materials.

Your personal data and any data, information or materials you upload or post on the Website (“User Content”) remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to ManagerPlus (“Feedback”), ManagerPlus shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into ManagerPlus’s software, products and services.

Restrictions on Use of Website and ManagerPlus Materials

As a condition of your use of the Website, you warrant to ManagerPlus that you will not use the Website or ManagerPlus Materials for any purpose that is unlawful or that is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:

    • You will not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
    • You will not obtain or attempt to obtain any materials or information on or through the Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
    • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
    • Your User Content will not contain any libelous or unlawful material or any materials or instructions that may cause harm or injury, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
    • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other ManagerPlus Materials other than for their authorized purposes. You will use ManagerPlus Materials solely for your internal use, unless you’ve obtained the express written permission of ManagerPlus and the copyright owner (if the materials are owned by a third party).
    • You will not delete or alter any proprietary rights or attribution notices in any content or ManagerPlus Materials obtained through the Website.
    • You agree that you do not acquire any ownership rights in any content posted by ManagerPlus, its licensors, or other third parties, or in any ManagerPlus Materials. We do not grant you any licenses, express or implied, to any Website content or ManagerPlus Materials except as expressly provided in these Terms of Use, in connection with such content or materials, or as contained in a binding contract between you and ManagerPlus.
    • Indemnification

      You will indemnify ManagerPlus and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your use of the Website or ManagerPlus Materials, or your violation of these Terms of Use.

      Disclaimer of Warranties

      EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND MANAGERPLUS IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL MANAGERPLUS MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND MANAGERPLUS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. MANAGERPLUS DOES NOT WARRANT THAT THE WEBSITE, MANAGERPLUS MATERIALS OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

      Limitation of Liability

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY MANAGERPLUS, IN NO EVENT SHALL MANAGERPLUS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR MANAGERPLUS MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MANAGERPLUS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

      Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

      Takedown Notices

      We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

      International Users

      The Website is controlled, operated and administered by ManagerPlus from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.

      General Terms

      These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

      ManagerPlus’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits ManagerPlus’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

      If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

      Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and ManagerPlus with respect to the Website. Except for the Privacy Policy and any binding contract between you and ManagerPlus, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and ManagerPlus with respect to the Website.

      ManagerPlus’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and ManagerPlus will not be deemed to modify any provision of these Terms of Use.

      Contact Us
      You may send us notices, questions or comments regarding these Terms of Use at the following:

      ManagerPlus Solutions, LLC
      9350 South 150 East, Suite 650
      Sandy, Utah 84070

      Email Address:
      marketing@managerplus.com

      Telephone number:
      800-730-9965

      Effective as of October 22, 2019