Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE. By accessing or using this Web site, you agree to be bound by the following terms and conditions concerning your use of this Web site (“Terms of Use”) and the Midwestern Software Solutions, LLC (“MS2”) Privacy Policy, which is located at www.MS2Soft.com/privacy. MS2 may make changes to the content of this Web site, the Terms of Use, and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be posted on this Web site and become effective when posted. You are responsible for regularly reviewing these Terms of Use and Privacy Policy. Your continued use of this Web site following any changes will constitute your acceptance of such changes. If you do not agree to the Terms of Use and Privacy Policy, then you may not use this web site. These Terms of Use apply to the MS2Soft.com web site and to the other customer-specific or public web sites or web pages maintained by MS2.

Use of this Web Site
Contents may be used solely for the furtherance of your relationship with MS2 and you may not copy, use, modify, distribute, transfer, download, upload, “scrape”, “mine”, resell, or republish any of the contents of this Web site, including without limitation traffic data and other information contained on customer-specific web sites or pages within this site, without the prior written authorization of MS2. You must use this Web site in compliance with all applicable laws and regulations.

Copyrights and Other Intellectual Property
Except as expressly noted on this website, all materials and information contained on this Web site, including but not limited to, all images, pictures, logos, illustrations, designs, photographs, video clips, text, data, icons, graphics, case studies, white papers, press releases, designs, the overall appearance of this Web site, and written and other materials that appear on this Web site (collectively, the "Contents") are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by MS2 or its affiliates or are the property of their respective owners that have been licensed to MS2 and are protected by U.S. and international copyright laws and conventions. The user may not copy, download or otherwise use or distribute the contents of this Web site other than in connection with its business relationship with MS2.

Ownership of Data
MS2 customers own all traffic data that they input into their customer-specific pages on the MS2 web site and all analyses and reports involving only that data.

MS2 reserves the right to use, analyze and publish anonymized aggregations of customer data for legal compliance, academic and marketing purposes.

Disclaimer of Warranty Regarding Customer Data
MS2 does not collect any of the traffic data that customers upload to their customer-specific web pages on this site. Consequently, MS2 makes no warranty regarding the accuracy, completeness or any other quality of any such information. Each customer is solely responsible for the accuracy and integrity of all data it uploads or otherwise inputs into any part of this web site. Customers and other users of such data use that data at the sole risk.

Limitation of Liability
In no event shall MS2 be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, exemplary or punitive damages, or damages for loss of data, profits or revenue incurred by you or any third party, whether under a contract, tort or any other theory of liability, arising in connection with any party's use of this Web site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Web site or any web site operated by any third party or any contents of this Web site or any other web site, even if MS2 is aware of the possibility of such damages.

Indemnity
You agree to defend, indemnify and hold harmless MS2, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Web site or breach by you of these Terms of Use.

Submissions
Except for traffic data input by you into your customer-specific web pages established by MS2, if you submit any information to MS2 via this Web site, the information shall be deemed and shall remain the property of MS2 and MS2 shall have the right to use that information in furtherance of MS2’s business.

Links to Third Party Web Sites, Content, Products and Services
MS2 may establish links between this Web site and one or more web sites operated by third parties. MS2 has no control over any such other web sites, the contents therein or the products/services offered. The existence of any such links does not constitute an endorsement, representation or warranty by MS2 of such web sites, the contents of the third-party web sites, the products or services of such web sites or the operators of the web sites. MS2 disclaims responsibility for the privacy policies and customer information practices of third-party Internet sites linked to this Web site. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that MS2 is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that MS2 is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Termination of Use
You agree that MS2 may, in its sole discretion, at any time terminate your access to this Web site and any account(s) you may have in connection with this Web site. Access to this Web site may be monitored by MS2.

Applicable Law
All matters relating to your access to, and use of, this Web site shall be governed by U.S. federal law or the laws of the State of Michigan, without giving effect to its conflicts of laws principles. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Washtenaw County, Michigan. You and MS2 agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

MS2 regularly works on projects for states and their political subdivisions and the U.S. federal government. You may not access or use this website for any purpose that violates Federal Acquisition Regulations or federal Export Administration Regulations or other applicable state and federal laws and regulations.

Privacy Policy
MS2 is committed to protecting user privacy online. MS2 has created a Privacy Policy to demonstrate its firm commitment to secure and trustworthy Internet commerce and the user's privacy. By using this Web site, you consent to the terms of MS2’s Privacy Policy and to MS2’s processing of personal information for the purposes set forth below.

Registration. You may be required to register in order to be granted access to certain information, services and/or products at this Web site. At the time of registration, you may be prompted by one of our online forms to provide certain personal information to us, including your name, company name, and email address, or information that relates to the organization you are working for, application space, or other relevant details.

Use of Your Personal Information. The personal information that you provide to MS2, may be stored, processed, and used by MS2 and its affiliates for the following purposes: to provide information about our company, products and/or services, including updates, notifications, and details of any offers or promotions; to assist us in improving our products, services or the content of this Web site; to contact you to participate in a market research survey, so that we can gauge customer satisfaction and develop better products; or for our own internal marketing and research purposes; to promote user groups; to make this Web site or service easier to use by eliminating the need for you to repeatedly enter the same information or by customizing this Web site or service to your particular interests or preferences; to analyze information for trends and statistics. We may also provide this information to an agent acting on MS2’s behalf in connection with the activities described above.

MS2 may hire other companies to provide limited services on our behalf, such as answering customer questions about products or services; processing event registration; or performing statistical analysis of our services. MS2 will only provide those companies the personal information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Except as described above, MS2 will not sell, rent, or in any way intentionally disclose personal information that you provide to us on this Web site to any third party (other than an agent acting on our behalf as described above), unless: (a) MS2 is required to do so by law, regulation, warrant, subpoena or court order, (b) MS2 is required in urgent circumstances to protect the personal safety of MS2 employees, users of MS2 products or services, or members of the public, or to enforce Terms of Use; or (c) such disclosure is part of a sale of all (or substantially all) of the assets of one or more divisions or affiliates of MS2.

See the separate Privacy Policy for more information on this topic.

Use of Cookies
MS2 uses cookies to help us provide better customer service and to enhance the user experience and deliver personalized content. A “cookie” is a small text file stored locally in the computer used to access your account, and contains information relating to your past use of this Web site. Many improvements and updates to this Web site are based on the data collected through cookies, such as total number of visitors and pages viewed. MS2 may disclose non-personally identifiable information collected through the use of cookies, in aggregate form only, to third parties including advertisers or potential advertisers. You have the ability to accept or decline cookies. However, if you choose to decline cookies, you may not be able to fully experience the interactive features of this Web site or services you visit.

Bulletin Boards, Forums, and Chat Rooms
From time to time, portions of this Web site may allow you to post information which other visitors to this Web site will be able to access (such as on a "forum" or during an interactive "chat" with other visitors). In the event that you choose to post information in this context, it becomes generally available to the public, and we have no ability to control or limit its use by visitors to our site. By posting the information on this Web site you are providing MS2 and its affiliates the right to use the information in connection with the operation of MS2’s business. Therefore, we encourage you not to post any information on this Web site that you consider private or sensitive.

You represent and warrant that you have the right to post any information, graphics or other data that you transmit in any manner to any chat room, forum or similar domain (collectively “User Domains”) that is operated by or linked to this website. MS2 makes no warranty regarding the accuracy of any information or data transmitted to a User Domain by any person, including without limitation, representatives of MS2. You may use or rely on any such information at your risk.

You may use this web site only on as As-Is basis. MS2 disclaims all warranties regarding this Web site. You are responsible for all results that occur following your use of this Web site.

Children's Privacy
MS2’s Web site, software and services do not target, and are not structured to attract, children under the age of 13. MS2 does not collect any registration information from users who indicate they are under the age of 13. If MS2 discovers personal data from a child under age 13, in any of its records, MS2 will eliminate that data from the web site and its records.

Passwords
You are responsible for maintaining the confidentiality of any password(s) you are given or that you create to access this Web site, and are fully responsible for all activities that occur under your password(s). You agree to notify MS2 immediately of any unauthorized use of your password(s).

Security of Information
To protect the privacy of personal information provided by you, MS2 employs industry-standard controls including physical access controls, Internet firewalls, intrusion detection, and network monitoring. Additionally, only authorized administrators and staff have access to systems containing personal identification information. We urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, do not share passwords, even with people you know, and make sure you use a secure browser. Sharing passwords is specifically prohibited.

Policy Questions or Concerns
If there are questions or concerns about the policy above, please provide them via email at info@MS2soft.com.

Revised February 2020.