Your use of the MAKEMYHOMEFIT web site, its data, and its reports (collectively “the Site”) is intended to enable you to process assessments and receive reports per your paid subscription (the “Assessment Process”) during the Subscription Term for the respective Assessment Process.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW THEN DO NOT USE THIS SITE.
1. Scope of Use.
Subject to the terms of this Agreement, MakeMyHomeFit (“MMHF”) grants to You during the Subscription Term the nontransferable, nonexclusive right to use the Site and its related materials in connection with the Assessment Process. You agree to use the Site only for this purpose and only during the Subscription Term.
This is an Agreement for access to this web site and related services, and You are not granted a license to any software by this Agreement. You agree that: (i) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Site available, to any third party other than an authorized user; (ii) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or access or use the Site in order to build a similar or competitive product or service; (iii) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; (iv) You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Site using your login or the logins of other users; and (v) You acknowledge and agree that MMHF shall own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Site and any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Site.
In order to use this Site you must be at least 21 years of age and be a legal resident of the United States of America.
2. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. MMHF will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. MMHF shall not be responsible for the actions of any individuals who misuse or misappropriate your data or other assets using your username and password.
3. Your Data.
MMHF takes reasonable steps to protect any data you enter in the course of using the Site during the Subscription Term. If any of your data contains names, addresses, phone numbers, or other personally identifiable information then you agree that MMHF may store this data and use it within the Site, in communications with you, and in reports, or as necessary to provide the services in this agreement. If you enter personally identifiable information on children or minors, then you agree that you have obtained the necessary permission to store this information in the Site and grant MMHF the authorization to store and use this information for the Registration Process. If any information used in the Site on your behalf is copyright to another party, then you agree that you have obtained the necessary authorization for use of this information for the Assessment Process and grant MMHF the authorization to store and use this information for the Assessment Process. you agree that MMHF may store your data and personally identifiable information outside of the jurisdiction where you are located.
MMHF does not knowingly market, distribute, or sell your personally identifiable information to third parties not associated with the Assessment Process. You agree that MMHF may release this information to legal and/or government authorities where required by law.
4. Indemnification
Indemnification. You hereby agree to defend, indemnify and hold harmless MMHF and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any information, data, or reports, that you use or distribute using the Site or Registration Process or (iii) otherwise arises from or relates to your use of the Site or Registration Process. In addition, you acknowledge and agree that MMHF has the right to seek damages when you use the Site, data, or reports for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
5. Warranty Disclaimer
USE OF THE SITE AND ANY RELIANCE BY YOU UPON THE SITE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. OKT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE SITE IS PROVIDED "AS IS" AND OKT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SITE SHALL BE FOR OKT TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL OKT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "THE COMPANY") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, THE COMPANY IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY THE COMPANY TO YOU IN THAT TWELVE (12) MONTH PERIOD.
7. Links and References to Third-Party Web Sites
The Site may contain links to non-MMHF web sites. These links are provided to you as a convenience, and MMHF is not responsible for the content of any linked web site. Any non-MMHF web site accessed from the Site is independent from MMHF, and MMHF has no control over the content of that web site. In addition, a link to any non-OKT web site does not imply that MMHF endorses or accepts any responsibility for the content or use of such web site.
8. Enforceability
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
9. Site Usage
In order to user the Site you must agree and abide by any terms and conditions posted on the Site and/or agree to in your district’s Agreement. MMHF may modify these terms and conditions as necessary, from time to time.
10. Entire Agreement
OKT and You agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
11. Governing Law
Both parties agree that document shall be governed by and construed in accordance with the internal substantive and procedural laws of the State of Florida without regard to conflict of law principles.