Consent and Terms of Use

Last Updated November 4, 2021

CONSENT

By clicking your consent, you acknowledge that you are an authorized parent or legal guardian of any user under the age of 13 or are legally recognized as an adult. You further consent and acknowledge that your use of the Service is subject to our Terms of Use and our Privacy Policy found at the links below. If you do not consent on behalf of a user under the age of 13, please ensure such user does not use the Service and we will not collect, use or disclose any personal information of such user.

As specified in our Privacy Policy, we collect the following information:

  • Name, including first and last
  • Age
  • Email address
  • User account information, including username and password
  • Operational Information
  • Location Information
  • Information necessary for our authorized third-party providers (i.e. Stripe as our payment processor), including customer numbers, subscription numbers, transaction charge numbers, IP addresses, last four digits and expiration date of credit cards
  • Operational information
  • Location information

As specified in our Privacy Policy, we may disclose information in the following circumstances:

  • To our authorized third-party providers who help us operate or manage the Service (i.e. Stripe as our payment processor)
  • To enforce our terms and to comply with law, regulation or other legal processes or to protect the rights, property or safety of us or others
  • To comply with a valid order or process from a public authority
  • To protect against misuse or unauthorized use of our Service
  • To detect or prevent criminal activity or fraud
  • In the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation

For additional information, please review our Terms of Use located in this document below (https://makingsoftwaremakers.com/terms-of-use) and our Privacy Policy located here (https://makingsoftwaremakers.com/privacy).

Terms of Use

This website (“Site”) provided by Ward Media Ventures, LLC, dba Making Software Makers, (“Company,” “we,” “our,” or “us”) and the service provided by Company to its customers through the Site (“Service”) are governed by these Terms & Conditions (“Terms of Use”). By using and accessing the Site or our Service, you, on your own behalf or as a parent or legal guardian on behalf of your children signify your assent to these Terms of Use which will be considered a binding, legal agreement. If you do not agree to all of these Terms of Use, do not use our Site or Service. We may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Your continued use of the Site and our Service will mean you accept the modified Terms of Use. Your use of the Site and any Service acquired through our Site are subject to these Terms of Use as well as any Privacy Policy provided on our Site.

User Accounts

  1. General Terms. To use the Site and our Service, you may be required to set up a user account. You agree that any information you provide and maintain in the user account is accurate, current and complete, including your contact information for notices. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide. Our information collection and use policies with respect to the privacy of such user information are set forth in our Privacy Policy located here https://makingsoftwaremakers.com/privacy/. You may create an account (1) as a single user with a monthly subscription that auto-renews on a month to month basis; (2) as a gift user with no auto-renewal; or (3) as a family user with the right to up to three family member sub-accounts with a monthly subscription that auto-renews on a month to month basis. 
  2. Automatic Renewal. Subscriptions to the Service are provided on a software as a service (SaaS) basis and the monthly subscription to the Site and Service may renew automatically. If you purchase an auto-renewal subscription, you acknowledge and agree that you will be charged with a recurring renewal fee. You may cancel your account at any time, provided, however, the cancellation will take effect the day after the last day of the current subscription period. You must cancel your subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to your user account through the end of your current billing period. While you may cancel your subscription at any time, there are no partial or pro-rata refunds for cancellation. 
  3. Payments; Third Party Providers.  Your access to our Site and your right to use the Service is provided subject to these Terms of Use. We only accept payments for the Service via our Third Party Provider’s (i.e., Stripe’s) services and you must confirm your identity before any payment is accepted. You understand and acknowledge that while the Company does not collect, retain, or process payment in any way, it does collect limited information from the payment processor to confirm the payment has been made. Any payments made by you are subject to the terms and conditions of our Third Party Provider (i.e., Stripe as our payment processor) as posted on their website. The monthly fee to use the Service is set forth on the Site. You acknowledge that we may contract with third party developers, data hosting, wireless network services, payment processing, and other technology services providers to provide Our Service (“Third-Party Providers”). We are responsible for ensuring that the Third-Party Providers abide by these Terms. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.

Termination or Suspension

We may terminate, change, suspend, or discontinue any aspect of the Site and/or our Service at any time. In addition, we may restrict, suspend or terminate your access to the Site and/or our Service and/or terminate these Terms of Use if required by law, or if we have reason to believe you have used the Site in violation of any provision of these Terms of Use or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Site and our Service, subject to the provisions of these Terms of Use, that by their nature, survive termination.

No License

Our Site, the Service and all information provided through our Site or Service, including without limitation all derivatives, shall be and remain the property of Company. Our Site and Service are provided on a SaaS basis, licensed and not sold. Our proprietary information includes all information such as the “look and feel” of our Site or Service, including all data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files. You shall have no rights or interests in any of our or our Third Party Providers’ intellectual property rights, except as set forth in these Terms of Use. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within our Site, the Service or any information provided through our Site or Service. 

You may use the Site and the Service only for lawful purposes and in accordance with these Terms of Use. Except as otherwise permitted under these Terms of Use, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from our Site or Service, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of our Site’s or Service’s software or information in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of our Site or Service or the information or any portion thereof.

Your Rights and Obligations

Any information you provide through any blog or comments feature on our Site should be public and non-confidential. We will protect the privacy of information you provide when you purchase Service through our Site in accordance with our Privacy Policy.

You further agree that you will not upload or transmit any communications or information of any type through our Site or Service that infringe or violate any rights of any third party. You may not use our Site or Service to send unsolicited commercial emails to any person. You agree not to collect or harvest any personally identifiable information from our Site or Service, nor to use the communication systems provided by our Site or Service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Site or Service with respect to any submissions made by them.

You shall be solely responsible for providing, maintaining and ensuring compatibility with our Site’s and Service’s access requirements, all hardware, software, electrical or other physical requirements for your use of our Site or Service, including without limitation, mobile devices, telecommunications and internet service provider access, connections, links, web browsers or other equipment, programs and Service required to access the Internet or to access our Site or Service.  You acknowledge and agree that from time to time our Site and/or Service may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because our Site and/or Service are accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third party access requirements (e.g. your Internet provider).

Warranty Disclaimer

Please note that the information about the Service provided through our Site is believed to be accurate, but Company does not warrant or guarantee such accuracy.

THE SERVICE PROVIDED THROUGH OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR SITE AND OUR SERVICE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” YOU USE OUR SITE AND OUR SERVICE AT YOUR OWN RISK. 

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION FOR ANY ERRORS (E.G. TYPOGRAPHICAL ERRORS) OR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR ANY INFORMATION ON OUR SITE. WE DO NOT WARRANT OR REPRESENT THAT THE SITE, THE SERVICE, OR ANY INFORMATION PROVIDED ARE ACCURATE, ERROR-FREE OR RELIABLE OR THAT YOUR USE OF THE SITE, THE SERVICE, OR INFORMATION WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR THIRD PARTY PROVIDERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING LOSS OF GOODWILL OR REPUTATION, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR SITE OR THE SERVICE OR INFORMATION PROVIDED, WITH THE DELAY OR INABILITY TO USE OUR SITE OR SERVICE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICE PROVIDED THROUGH OUR SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR OUR SERVICE PROVIDED. If you are dissatisfied with the Site or the Service provided, your sole and exclusive remedy shall be for you to discontinue use of the Site and our Service. If we agree to refund any portion of monthly fees for the Service, you agree that such refund will be an acceptable remedy for any direct damages you may have related to the Site or the Service.

Our Site or our Service may include hyperlinks to other websites or resources operated by third parties, including advertisers. We are not responsible for the content or accuracy of any such third party websites, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products, or other material or Service on or available from such websites or resources, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, products, or Service available on such external websites or resources.

Miscellaneous Provisions

You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) your breach of any obligations under these Terms of Use and for the consequences including any loss or damages which we may suffer due to any such breach. 

You agree that you will not use our Site or Service for activities prohibited by applicable state, federal, international law or rules or regulations. We make no claims regarding our Site or Service outside the United States. If you access our Site or Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.

These Terms of Use constitute the entire agreement and understanding between you and us with respect to the Site and your use of our Service. These Terms of Use supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. These Terms of Use shall be binding upon and inure to the benefit of the parties, their successors, and assigns. These Terms of Use and your user account, if any, may not be assigned without our express, prior written consent which may be withheld at our sole discretion. Notices under these Terms of Use shall be in writing and shall be deemed given when: (i) delivered personally or by respected international carrier; or (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices sent by mail shall be mailed to Making Software Makers 4786 Dressler Road NW, Canton, OH 44718. 

These Terms of Use and the resolution of any dispute related to the terms of these Terms of Use, including our Site and our Service, shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principals of conflicts of law provisions. Any dispute or claim regarding our Site and our Service, governed by these Terms of Use shall be settled by arbitration in Stark County, Ohio, at a time and location designated by the arbitrator. Arbitration will be conducted by the American Arbitration Association in accordance with its Rules of Commercial Arbitration, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected from a panel of persons having experience with and knowledge of website Service. Nothing contained here shall bar either party from seeking equitable remedies in a state or federal court of competent jurisdiction sitting in Stark County, Ohio. If we successfully enforce these Terms of Use under arbitration or court action, you must pay reasonable costs and expenses of the arbitration or other action, including reasonable attorney’s fees and costs. 

Our failure to insist upon strict enforcement of any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. Should any provision of these Terms of Use be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms of Use, but rather that invalid provision shall be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms of Use shall remain in full force and effect. Any rights not expressly granted in these Terms of Use are reserved to Company.

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