Terms and conditions

These Terms of Use govern massmailingnews.com and the other websites of Management-Ware Solutions that link to them (together, the “Site”), along with the materials and services offered through them.

Acceptance of terms

By accessing or using this Site in any way — including using any Services, downloading Materials, or merely browsing the Site (capitalized terms are defined below) — you agree to and are bound by the terms and conditions set forth in this document and any changes that Management-Ware Solutions may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Management-Ware Solutions may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

The Site

Management-Ware Solutions, its affiliates and agents make this website and all other Management-Ware Solutions websites that link to the Terms of Use (collectively, the “Site”), and the Materials and Services, available for your access and use subject to the Terms of Use. “Materials” means all information, data, documents, communications, downloads, files, text, images, graphics, videos, publications, content, tools, resources, software, code, programs and products made available via the Site. “Services” means all services and resources offered or enabled via the Site, including download areas, product and information services, and communication facilities.

Use of the Site and Services

You shall pay all costs and charges that you incur in order to access or use the Site, Services and Materials, and must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download. As examples of improper activities, you agree that you shall not:

• Collect, harvest or mine e-mail addresses, phone numbers or other information about others.
• Access or use another’s account, password, Services, Materials, systems or networks without authorization, whether through hacking, password mining or any other means.
• Remove or falsely add any copyright, trademark or other proprietary notices or author attributions to any Materials.
• Use any Materials in a manner that infringes any intellectual property or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services, Materials, servers or networks.
• Transmit unsolicited or bulk communications to any Management-Ware Solutions account holder or address.
• Post software or files that are harmful or disruptive, including corrupted files, time bombs, Trojan horses, viruses and worms.
• Create a false identity to mislead others, or violate any applicable laws or regulations.
• Engage in chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages.
• Market goods or services for any business purpose unless specifically allowed to do so by Management-Ware Solutions.

Materials and Services provided by third parties are governed by separate agreements accompanying them. Management-Ware Solutions offers no guarantees and assumes no responsibility or liability with respect to third-party services. Management-Ware Solutions may, in its sole discretion and without notice, terminate a Service or access to any area of the Site, and disclose information related to your use as necessary to comply with applicable law, regulation, legal process or governmental request.

Use of software

Materials that consist of software code, and accompanying documentation, made accessible via the Site (“Software”) are the copyrighted and patented work of Management-Ware Solutions or its suppliers. Use of such Software is governed by the license agreement that accompanies or is included with it. You may not use, download or install any Software accompanied by a license agreement unless you agree to that agreement. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Any unauthorized use, copying or distribution of the Software is prohibited by law and may result in severe civil and criminal penalties.

Use of Management-Ware Solutions materials and user content

Except as indicated to the contrary on this Site, you may view, download and print the Management-Ware Solutions Materials and User Content available on this Site for personal, informational, non-commercial and internal purposes only. The Materials may not be modified, distributed, sold, rented, leased, licensed or otherwise made available to others, and you may not remove any copyright or proprietary notices. The rights granted to you constitute a license and not a transfer of title, and may be revoked at any time. The design, layout and look and feel of this Site are protected by law and may not be copied or imitated in whole or in part.

Submitted materials

Any materials you post or submit via the Site are not confidential, and you will receive no compensation for their use. By posting or submitting materials you represent that you own or control all necessary rights to them, and you grant Management-Ware Solutions and users of the Site a worldwide, royalty-free, non-exclusive license to use, reproduce, display, modify and distribute those materials. You are solely responsible for all materials you submit and assume all risks associated with their use.

Links to third-party sites

The Site may include links to other sites (“Linked Sites”) provided as a convenience. Their inclusion does not imply any endorsement by Management-Ware Solutions, which has no control over and is not responsible for the content of any Linked Site.

Warranties and disclaimers

The Site, Services and Materials are provided “as is” without warranty of any kind, either express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Management-Ware Solutions makes no warranty that the Site, Services or Materials will meet your requirements, be uninterrupted, timely, secure or error-free, or that any defects will be corrected. The use of the Site and the downloading or use of any Materials is done at your own discretion and risk.

Limitation of liability

In no event shall Management-Ware Solutions, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind — including those resulting from loss of use, data or profits — arising out of or in connection with the access to or use of (or inability to use) the Site, Services or Materials. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Notification of copyright infringement

Management-Ware Solutions will investigate notices of copyright infringement and take appropriate action. If you believe your work has been copied in a way that constitutes infringement on the Site, contact our Designated Agent with a description of the copyrighted work, the location of the allegedly infringing content, your contact information, and the required good-faith and accuracy statements:

Designated Agent — Copyright Infringement Claims
Management-Ware Solutions, 230 Henri-Bourassa E., Suite 205, Montreal (Quebec) H3L 1B8, Canada
Telephone: +1 514-381-7722 — Toll free 1-866-681-7722
E-mail: info@management-ware.com

Indemnity

You agree to indemnify and hold Management-Ware Solutions and its officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, arising out of the materials you submit, your access to or use of the Site, Services or Materials, your violation of the Terms of Use, or your violation of any rights of a third party.

Governing law and jurisdiction

This Site is controlled by Management-Ware Solutions from its offices in the province of Quebec, Canada. By accessing this Site, you agree that all matters relating to your access to or use of this Site are governed by the laws of Canada, without regard to conflicts-of-laws principles, and you submit to the exclusive jurisdiction and venue of the courts for the Montreal District of Quebec.

Language

It is the express wish of the parties that the Terms of Use and all related documents be drawn up in English. C’est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais.

General

The Terms of Use, together with the rules, guidelines, licenses and disclaimers posted via the Site, constitute the entire agreement between Management-Ware Solutions and you with respect to your access to or use of the Site, Materials and Services. If any provision is found unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder shall continue in full force and effect. Any failure by Management-Ware Solutions to enforce any provision shall not constitute a waiver of that provision.

Contact

Management-Ware Solutions
230 Henri-Bourassa E., Suite 205, Montreal (Quebec) H3L 1B8, Canada
Telephone: +1 514-381-7722 — Toll free 1-866-681-7722 (Canada & USA)
E-mail: info@management-ware.com — Contact us