Website Terms of Use

Agreement between User and ManagerPlus

Welcome to managerplus.com. The managerplus.com website (the “Site”) is comprised of various web pages operated by ManagerPlus LLC (“ManagerPlus”). managerplus.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms” or “Agreement”). Your use of managerplus.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

managerplus.com is a News and Information Site which provides information related to ManagerPlus maintenance management software and services.

Privacy

Your use of managerplus.com is subject to ManagerPlus’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting managerplus.com or sending emails to ManagerPlus constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ManagerPlus is not responsible for third party access to your account that results from theft or misappropriation of your account. ManagerPlus and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ManagerPlus does not knowingly collect personal information from persons under the age of thirteen. If you are under 18, you may use managerplus.com only with permission of a parent or guardian.

Links to Third Party Sites; Third Party Services

managerplus.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ManagerPlus and ManagerPlus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ManagerPlus is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ManagerPlus of the site or any association with its operators.

Certain services made available via managerplus.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the

managerplus.com domain, you hereby acknowledge and consent that ManagerPlus may share such information and data with any third party with whom ManagerPlus has a contractual relationship to provide the requested product, service or functionality on behalf of managerplus.com users and customers.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use managerplus.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ManagerPlus that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ManagerPlus or its suppliers and protected by copyright and other laws and international treaties that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ManagerPlus content is not for resale or external distribution, unless expressly authorized by ManagerPlus. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own use (or for your company’s own internal purposes if you are accessing this Site in your role as an employee) and as authorized by ManagerPlus, and will make no other use of the content without the express written permission of ManagerPlus and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ManagerPlus or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by ManagerPlus from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ManagerPlus Content accessed through managerplus.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ManagerPlus, its officers, directors, employees and agents, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or misuse of the Site or ManagerPlus’ services, any user postings made by you, or your violation of any of these Terms, any third party

rights, or any applicable laws, rules or regulations. ManagerPlus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ManagerPlus in asserting any available defenses.

Liability Disclaimer and Limitations

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MANAGERPLUS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MANAGERPLUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND MANAGERPLUS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANAGERPLUS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MANAGERPLUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

General Terms

ManagerPlus reserves the right, in its sole discretion, to terminate or restrict your access to the Site and the related services or any portion thereof at any time, without notice.

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ManagerPlus as a result of this Agreement or your use of the Site.

ManagerPlus’s services and provision of the Site are subject to existing laws and legal process, and nothing contained in this Agreement shall limit ManagerPlus’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ManagerPlus with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ManagerPlus with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ManagerPlus with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

Changes to Terms

ManagerPlus reserves the right, in its sole discretion, to change these Terms at any time, effective upon posting of the modified version of these Terms on the Site. The most current version of the Terms will supersede all previous versions. ManagerPlus encourages you to periodically review the Terms to stay informed of our updates.

ManagerPlus and ManagerPlus Solutions are trademarks of ManagerPlus. The names of any other companies or their products or services mentioned on the Site are the property of their respective owners and may also be trademarks.

Contact Us

ManagerPlus welcomes your questions or comments regarding the Terms:

ManagerPlus LLC
9350 South 150 East, Suite 650 Sandy, Utah 84070

Email Address:

marketing@managerplus.com

Telephone number: 800-730-9965
Effective as of January 01, 2015