AdmissionScan.com and MembershipBooth.com by Relaxed Web LLC
Terms of Service Agreement
Last Update: 10/29/2020
Welcome to AdmissionScan.com and MembershipBooth.com, the websites and online services of Relaxed Web LLC ("Relaxed Web," "we," "us," or "our"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the services (collectively the "Service" or "Services").
This Agreement applies to all visitors, users, and others who access or use the Service, whether on behalf of an organization or on their own individual behalf ("Users"). By accessing or using the Service, or by making the Service available to visitors, Users or others, or by otherwise affirming your intent to be bound by this Agreement, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement" or "Terms"), whether or not you are a registered user of our Service.
We reserve the right to make modifications to these Terms and will provide notice of these changes. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. If you do not agree to this Agreement, do not use the Service and do not make the Service available to others. You can review the most current version of the Terms of Service at any time at: www.relaxedweb.com/tos.
Description of Service
AdmissionScan.com, an online admission control and reporting system and MembershipBooth.com, an online membership verification system are subscription, web-based services. To use either Service, you must have access to the Internet. We are not responsible for any fees associated with Internet access, or for the devices and equipment necessary to make such connection to the Internet. You may not access the Service by any means other than through the Service interface we provide to you. The Service may include certain required communications from us, such as service announcements, newsletters and administrative messages.
Content and data
"Data" shall mean the data inputted by you, Users or us on your behalf for the purpose of using the Service or facilitating your use of the Service. You are responsible for all information, data, text, media, goods, services or other materials you or your Users upload, post, transmit or otherwise make available via our Service. We do not control, verify, or endorse the Data that you or your Users make available on the Service. You and your Users may not upload any unlawful Data, including any content that infringes any intellectual or other proprietary rights of any party (for example, images that you do not have the rights to). By sharing your Data, you and your Users affirm that you have the right to do so and that you have the authority to allow us to use it under these Terms. You and your Users may not upload any Data that contains software viruses, worms, Trojan horses or any other computer code, file or program that interrupt, destroy or limit the functionality of the Service, network or equipment related to the Service, or impact the ability of any user to access the Service.
Under no circumstances will we be liable for your Data, including, but not limited to, any errors or omissions in your Data, or for any loss or damage of any kind incurred as a result of any Data posted, transmitted, saved, stored or otherwise made available via the Service. You acknowledge that we shall have the right (but not the obligation) to refuse, move or delete any Data that is available via the Service. We shall also have the right to remove any Data that violates these Terms, could damage our reputation or goodwill, or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Data.
Security of data
We follow industry standards when storing and protecting your data and use commercial software to secure and encrypt the collection and transmission of your Data. You acknowledge however that the storage and transmission of data over the Internet is not without risk and may not be secure, even after reasonable security measures have been taken. For example, you are responsible for ensuring the confidentiality and strength of your account login credentials, appointing competent individuals as administrators for managing your account, and ensuring that all activities that occur in connection with your account comply with this Agreement. You understand that we are not responsible for account administration and internal management of our Services for you.
Data ownership, confidentiality and use
We respect your right of ownership to all Data created and provided by you. All Data you provide us shall remain your property. We will not sell or rent your data to any third parties. In order to provide you with our Service however, you understand and acknowledge that we need to allow Users of the Service to view, edit and/or share your Data. By providing or sharing Data through our Service, you agree to allow Users and others to view, edit, and/or share your Data in accordance with our Service and this Agreement.
As such, your Data will be shared or modified under the following conditions:
Data shared publicly and with Users. When you make our Service available to Users or the public online, including, but not restricted to, membership renewal forms and membership verification web pages, we need to expose the appropriate Data required to render these Services. We access, copy, distribute, store, transmit, reformat and publicly display the content of your Data as required for the purpose of providing and supporting our Service to you and your Users online and through email, chat, telephone, or any other communication means. You understand that we need, and you hereby grant us the right, to use, modify, adapt, reproduce, distribute, and display content posted on the Service solely to the extent necessary to provide the Service. As part of our Service, we act as a passive conduit for the transmission of emails, messages and Data to Users, including, but not restricted to, transaction confirmation e-mails.
Data shared with third-party service providers. We may need to transmit certain Data to third-party service providers as necessary to accomplish tasks as part of our Service. This includes, but is not restricted to sending emails or text messages, processing payments, exporting accounting data and synchronizing mailing lists. Information from third-party service providers may also be used to modify your Data. For example, activity reported by your payment processor may be used to insert transactions and update renewal dates.
Data required by law or compliance. We may disclose your Data in order to comply with legal requests, legal process, to respond to claims that your Data violates the rights of third-parties, or to protect our rights, property or personal safety of our Users and the public. It is our policy of to promptly process and investigate notices of alleged copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act.
Commercial or marketing purposes. We may share non-identifiable summary data, transaction counts and totals from our accounts with potential customers, media and other interested parties.
Data transmissions. The operation of the Service will involve transmissions of your Data over various networks and devices. Your Data may be modified to conform and adapt to technical requirements of connecting network, devices and software.
Third party services
We are not responsible for any risks, loss or damage incurred as a result of the use of any third-party service, product, software, content or website (collectively "Third Party Services"), whether or not you were linked to or directed to any Third Party Services through us. Any reference to any Third Party Services is not an approval or endorsement by us of such Third Party Services or the third-party.
Use of Third Party Services, including but not limited to, payment processors, mailing list services, accounting and database software may be subject to the applicable terms of service and privacy policies of those third-parties. You are solely responsible for reviewing, agreeing to, and complying with these terms and policies.
Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF ACCOUNTING, TAX, LEGAL OR OTHER PROFESSIONALS.
Limitation of liability
YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST TWELVE (12) MONTHS OF FEES PAID (IF ANY) BY YOU TOWARDS SUCH SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH ANY PARTY WITH RESPECT TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
You agree to indemnify, defend and hold harmless Relaxed Web, its affiliates, owners, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.
These Terms constitute the entire agreement between you and us, and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). We may provide notices of changes to these Terms or other matters by email or by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and Relaxed Web shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the county of Milwaukee, Wisconsin. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
The failure to exercise or enforce any right or provision of these Terms by either party shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
There are no express or implied third-party beneficiaries to these Terms. We reserve all rights, title and interest in and to the Service, including all related intellectual property rights. You shall not (i) create derivative works based on the Service, (ii) copy, frame or mirror any part or content of the Service, (iii) reverse engineer the Services, or (iv) access the Services in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
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