MF327 - Terms of Service
IMPORTANT! PLEASE READ THESE TERMS OF SERVICE BEFORE USING OUR PRODUCTS, SOFTWARE, SERVICES OR WEBSITE. IF VIEWING ONLINE, SCROLL DOWN TO READ THE ENTIRE AGREEMENT.
Welcome to mf327.com! The following Terms of Service govern your use of our products, services, software, and websites, including any additions or updates (referred to collectively as "services" in this document). This is a legal agreement between you and MF327 LLC of 1910 Thomes Ave., Cheyenne, WY 82001-3527, United States (herein referred to as "MF327"). Please read carefully as your use of our services constitutes your agreement to follow and be bound by these Terms of Service. If, at any time, you do not agree to any part of these Terms of Service, you must stop using our services immediately and destroy all copies of our software in your possession. If you have questions regarding our Terms of Service, please email us at firstname.lastname@example.org.
1. Legally Authorized
To use our services, you must be at least 13 years of age and legally authorized to enter into a contractual agreement. If you are between the ages of 13 and 18, you must have your parent or legal guardian's permission to enter into this agreement. If representing a company or organization, you must be authorized to represent that company or organization and enter into a legal contract on its behalf.
2. Entire Agreement
These Terms of Service were last updated on: Friday, July 3rd, 2020. MF327 may amend these Terms of Service at any time by reasonable notice, including without limitation by posting revised terms on its website at: https://mf327.com/terms. By agreeing to these "Terms of Service", you consent to be bound by any future amended Terms of Service upon such notice. If at any time you do not agree with any part of our Terms of Service, you agree to stop using our services and delete any software or content in your possession or under your control, which you have obtained from or which was produced by MF327.
4. Export of Cryptography
Certain software available on our website uses strong encryption and is subject to export controls under the United States Export Administration Regulations ("EAR"). Anyone receiving such software cannot export the software without a license or other prior authorization from the U.S. Government. You acknowledge affirmatively that the software you download is not intended for use by a government end-user, as defined in part 772 of the EAR. You agree to take responsibility for import and use controls in the destination where you receive our products or services. You expressly agree to comply with all applicable U.S. export regulations and any applicable laws in your place of use or purchase, including any international treaties, agreements, and embargoes. For more information on export of strong encryption from the U.S., please visit the Bureau of Industry and Security website at https://www.bis.doc.gov/
5. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE TO USE OUR SERVICES AT YOUR OWN RISK!
IN NO EVENT SHALL MF327 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, TO PROPERTY, LIFE, HEALTH, WELL-BEING, PROFITS, DATA OR OTHERWISE WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE, MISUSE, OR FAILURE OF OUR SERVICES, EVEN IF MF327 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD MF327, ITS OWNERS, AND ITS EMPLOYEES HARMLESS AND HEREBY RELEASE THEM OF ALL LIABILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, AND ANY OTHER HARDSHIP OR CONSEQUENCE RESULTING EITHER DIRECTLY OR INDIRECTLY FROM THE USE, MISUSE, OR FAILURE OF OUR SERVICES. YOU EXPRESSLY AGREE TO ACCEPT ALL RISK ASSOCIATED WITH YOUR USE (OR MISUSE) OF OUR SERVICES AND ANY FAILURE, ERROR, OR INTERRUPTION OF OUR SERVICES.
You further agree to limit your recovery in any claim to the amount you paid for the service in question. Neither party to this agreement will be liable for breach-of-contract damages that the breaching party could not reasonably have foreseen on entry into this agreement. Neither party may make a claim under this agreement, regarding an event that occurred, more than two (2) years after the event is, or should have been, discovered by the party making the claim.
You acknowledge and agree that all purchases are final. You acknowledge and agree that MF327 may change the price of any of our services at any time without prior notice. You acknowledge that payment is handled off-site by a third party vendor (currently, PayPal) and consent to allow them to handle your payments. You acknowledge and agree that MF327 may, at any time, change the vendor who handles payments on our behalf and hereby consent to allow whomever we choose as our vendor to handle your payments. Before delivery of any services subject to export regulations, you must first pass an automated screening for sanctioned and denied persons. If any "red flags" are found during this screening, we must conduct further investigation. You agree to allow whatever time is necessary to complete these screenings and investigations before receiving the purchased services. Once payment is confirmed and delivery authorized, shipment (or email of license key) will be made within a reasonable time. The term of software licenses will begin when software is delivered and installed. All software downloads are subject to your acceptance of these Terms of Service and may require additional agreement to an End-User License Agreement ("EULA"). Before downloading or purchasing any service from our website, you agree to first read, understand, and agree to these Terms of Service and any applicable End User License Agreement ("EULA") and to refrain from downloading or purchasing the service if you do not agree to both these Terms of Service, and the EULA (if applicable). You further agree that you will only make such downloads that you are legally authorized to make.
8. Software Registration
You agree to always:
- Ensure that any products or services you obtain from MF327 will not be used by or for any nuclear, chemical or biological weapons, missile end-user or use, or denied party or entity.
- Use our services only in a manner which is ethical and in accordance with all applicable local, state, federal, and international law.
- Use our services only in accordance with these Terms of Service and any applicable End-User License Agreement and in no other way, and for no other purpose.
- Exercise discretion when using our services and be vigilant, conscious, and aware at all times of the possible consequence of any action you take using our services.
- Assume all risk and not use our services in any manner that could produce an adverse effect on yourself, your health, your life, your well being, your property, your data, your business, or that of any other person, data, business, government, or entity.
- Acknowledge that there is no guarantee regarding the timing, accuracy, reliability or availability of our services
- Fully read and understand all associated user manuals and instructions before using any of our services and only use our services in accordance with those user manuals and instructions.
- Fully read, understand, and follow all user manuals and manufacturer's instructions for any third party software, hardware, or services before using them in connection with our services.
- Accept full responsibility for the privacy and security of all passwords, files, data, and systems on which you use our services.
- Only use our services for personal, non-commercial use, unless you have purchased a Business license.
You agree to never:
- Use our services in any manner that is illegal, unlawful, offensive, unethical, indecent, objectionable, or which could cause harm or damage to any person, property, business, or entity.
- Rely solely on our services for any critical applications or for applications where failure of our services could cause any adverse effects.
- Use our services to spread viruses, spyware, malware, Trojans, malicious code, or any other software, code, script, file, or data designed to harm or infiltrate any computer, network, or device, or extract information in a manner in which you are not authorized.
- Use our services to transmit, display or otherwise propagate bulk emails, junk mail, spam, advertising, surveys, contests, or any other unsolicited messages.
- Use our services in connection with any phishing scams or pyramid schemes.
- Use our services to gain access to information, networks, or devices to which you are not authorized access.
- Attempt to bypass or circumvent any security measures, licensing restrictions, or copy protection mechanisms in our services.
- Attempt to reverse-engineer, disassemble, decompile, duplicate, replicate, or modify any of our services in any way.
- Copy, modify, sell, rent, lease, sub-lease, license, sub-license, transfer, display, or otherwise publish any of our services or create derivative works from them.
- Upload or otherwise make available using our services, any material that is protected by intellectual property laws, including but not limited to, copyright and trademark laws, unless you own or control the protected works or have the required consent to do so.
- Use our services in any manner that could slow down or disable the services, harm our servers or networks, or otherwise restrict or inhibit any other users from enjoying our services.
- Collect any information about other users of our services or usage information about our services or users.
- Use any ideas, designs, methods, features, graphics, text, code, or other properties of our services to design or create a competing product or service or sell for purposes of designing or creating a competing product or service.
10. Automation Risks
11. Software License
This section represents examples of possible risks associated with use of our services for automation and is in no way to be considered an exhaustive list. As always, you should use discretion when using any of our services and consider any possible consequences that may result from your use, misuse, or failure of the services. You acknowledge that there is risk associated with any automated control process and agree not to use our services in any manner that could result in injury, death, damage to property, loss or corruption of data, loss of profits, or any other unsafe or undesirable condition. Examples of misuse include (but are not limited to): Rapidly switching appliances ON and OFF, starting a heating element or motor unattended, or attaching a load greater than the rated capacity of the switch or outlet used to control it. You agree to use our services only in the manner for which they were intended. You agree to only use our services to control equipment in the manner in which that equipment was intended to be controlled. You agree to follow all manufacturer's instructions and recommendations for any devices you control using our services. You understand that radio frequency signals are not reliable and should not be relied upon for critical applications and you agree not to use any of our services in any manner that could cause injury, death, damage to property, loss of profits, or loss or corruption of data, or any other undesirable consequence if a signal was not received when expected. You accept full responsibility for any damages, injury, death, data loss or corruption, or other negative consequence incurred as a result of your use, misuse, or failure of our services.
Our software is licensed, not sold. MF327 shall remain the sole owner of all software we provide to you and reserves all rights to our software not expressly granted to you under these Terms of Service. Some software may require agreement to an additional End User License Agreement ("EULA"). If the software has an EULA, then the terms of that EULA shall override these terms, where applicable. Any section of these Terms of Service not specifically overridden by the EULA shall still apply. When you purchase a software license from us, you choose the software, type of use, and the license duration at the time of purchase, at which time, we provide you with a price. In exchange for your payment of this amount, and your agreement to these Terms of Service and any applicable EULA, MF327 grants you a non-exclusive, non-refundable, non-transferable license to use the specified software for the specified duration, only in accordance with these Terms of Service and any applicable EULA and not in any other way or for any other purpose. Unless otherwise specified:
- You may use one instance of the software on one computer or virtual machine
- You may have up to ten (10) users per license.
- You may create one (1) backup copy of the software for archival purposes only.
- The default minimum price for any software license is $100 per year, per device (computer or virtual machine).
MF327 reserves the right to terminate this agreement and your license to use our services at any time. Upon termination by either party, you agree to immediately cease use of the services and destroy any and all copies of the licensed software in your possession, or which you have created or allowed to be created.
12. No Warranty
Our services are provided "as is", "as available", and without warranty of any kind.
MF327 MAKES NO GUARANTEE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER IMPLIED, EXPRESS, STATUTORY, OR OTHERWISE REGARDING OUR SERVICES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. MF327 MAKES NO GUARANTEE REGARDING THE PERFORMANCE, STABILITY, SAFETY, SECURITY, TIMING, OR RELIABILITY OF OUR SERVICES OR THE EFFECTS THEY MAY HAVE ON YOUR BUSINESS, DATA, PROPERTY, OR PERSON AND HEREBY DISCLAIMS ANY SUCH WARRANTIES OR CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You expressly agree to accept all risk in connection with your use of our services and to limit MF327's liability to the minimum allowed by law. No information obtained by you from MF327 or through our services shall create any warranty not expressly stated in these Terms of Service.
13. Subject to Change
Our services are updated constantly. You acknowledge and agree that MF327 may change, interrupt or stop our services (either temporarily or completely), add or remove features, or change our prices at any time, without prior notice. Information describing our services, including but not limited to, product descriptions, user manuals, instructions, ads, brochures, prices, promotions and other documents may from time to time, become out-of-date. You agree to consult our website (https://mf327.com) or contact us (email@example.com) for the most current information regarding our services.
14. Intellectual Property
MF327 reserves the rights to all intellectual property contained in our services. This includes all software, code, designs, images, text, logos, and other intellectual property not provided by a third party. You acknowledge and agree that MF327 owns all legal rights, title, and interest to our services including all intellectual property rights, registered or not, wherever in the world they exist. You agree not to use or duplicate any of MF327's distinctive brand features, including but not limited to logos, images, trademarks, trade names, domain names, or service marks. MF327 also respects your intellectual property rights and agrees to claim no rights, title, or interest to any content you post using our services or files and data you process using our software. If you feel that anything in our services violates your intellectual property rights, please contact us at firstname.lastname@example.org.
15. Third Party Data
Users of our services may post or upload files, comments, or other information on our websites, which may become available for other users to view or download. We may also at times provide links to websites or content belonging to third parties through our services. MF327 makes no claims regarding any third party data made available through our services and in no way endorses or supports such data other than to make it available to our users for their convenience and for use at their discretion. You acknowledge and agree that MF327 is not responsible for examining or evaluating the content of any third party site or data for accuracy, legality, decency, or any other aspect and shall have no liability with regard to any third party data or linked sites.