Welcome to this web site (the “Site”). This Site is owned and operated by Magnitude Software, Inc., a Delaware corporation. Visitors to the Site are bound by these terms and conditions (the “Terms,” including the Privacy Policy incorporated herein by reference) so please read these carefully before going on. If you do not agree to the Terms, do not use the Site. Throughout these Terms, “we,” “us” and “our” collectively refer to Magnitude and its relevant subsidiaries, and “you” and “your” refer to you, the user of the Site.

These Terms apply to all users of the Site, including users who are also contributors of content on the Site. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Site.

Use of the Site

Content

Content is provided to you AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Site and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by Magnitude on the Site for that Content. Magnitude and its licensors reserve all rights not expressly granted in and to the Site and the Content.

You understand that when using the Site, you may be exposed to Content from a variety of sources, and that Magnitude is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

Security

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Registration and Passwords

Some features that may be available on or through the Site require registration. You agree to provide true, accurate, current and complete information about yourself as and when requested.

Some features on this Site require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you must notify Magnitude immediately. Magnitude may assume that any communications Magnitude receives under your password have been made by you unless Magnitude receives notice otherwise.

Purchasing and Billing Policies

General. Any charges incurred by your purchase or use of Magnitude’s software or services will be billed to the credit card we have on file. In the event you sign up for a subscription and/or service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of the change.

Authorized Credit Card Holder. By providing Magnitude with your credit card information or to one of our payment processors, you represent to Magnitude that you are the authorized user of the card, PIN, key or account associated with that credit card.

Billing Authorization. By purchasing a subscription license you authorize Magnitude to charge your credit card on a monthly basis for your subscription. You understand and agree that Magnitude will charge and process your subscription fees using a third-party payment processor. Magnitude may also require you to provide your address or other information in order to comply with Magnitude’s obligations under applicable tax law. You also agree to allow Magnitude to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of Magnitude’s software (i.e. support).

Billing Cycles Generally. Magnitude automatically bills credit cards each month on the day that corresponds with the start of a subscription (each such month, a “Billing Cycle”). If your subscription date is on a date not contained in a given month, Magnitude will bill your credit card on the last day of that month. You acknowledge that the amount billed each Billing Cycle may vary due to changes in your subscription plan and changes in applicable taxes, and you authorize Magnitude to charge your credit card for the corresponding amounts.

Price Changes. Magnitude reserves the right to adjust subscription pricing in any manner and at any time as we may determine in our sole and absolute discretion. Magnitude will notify you of any price changes to your subscription. Any changes to our pricing will take effect following email notice to you. Magnitude will not be able to notify you of changes in any applicable taxes.

Third Party Fees. The issuer of your credit card may charge you a foreign transaction fee or other charges related to the subscription or purchase from the Site. It is your responsibility to check with your credit card issuer regarding these details.

Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed to Magnitude, you agree that we may, at our option, suspend or terminate performance or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Prohibited Conduct

You may not without our express written consent:

  • copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the Site;
  • remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Site;
  • link to the Site;
  • post Content that Magnitude may deem (in its sole discretion) to be foul, obscene, sexually explicit, harassing or otherwise inappropriate on or in connection with the Site;
  • post Content that violates the copyrights or other proprietary rights of a third party;
  • frame this Site or use Magnitude’s proprietary marks as meta tags; or
  • utilize any Site Content in any meta tags or any other “hidden text” techniques or technologies.

Links

The Site may contain links to third party websites that are not owned or controlled by Magnitude. Magnitude has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Magnitude will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Magnitude from any and all liability arising from your use of any third-party website.

Intellectual Property

The Site contains Content which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights associated with the Site are either owned by Magnitude or have been licensed to us by the owner(s) of those rights so that we can use this material as part of the Site.

The Site also contains trademarks, including the mark “Magnitude” and derivatives thereof All trademarks included on the Site belong to us or have been licensed to us by the owner(s) of those trademarks for use on the Site.

Creation and Contribution of Content

The Site (or services made available through the Site) may permit you to submit Content, including, without limitation, text, software, videos and user comments. You understand that Magnitude does not guarantee any confidentiality with respect to any Content you submit. However, Magnitude will take commercially reasonable steps (as determined by it, in its sole discretion) to limit Content marked as “Confidential” (for example, a “private” chat session) to the intended use and parties.

In any case, you shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Magnitude all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site pursuant to these Terms.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Site, you hereby grant Magnitude a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Magnitude’s (and its successors’ and affiliates’) business in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms. The above licenses granted by you are perpetual and irrevocable.

You further agree that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Magnitude all of the license rights granted herein. You further agree that you will not submit to the Site any Content or other material that is contrary to applicable local, national, and international laws and regulations.

Magnitude does not endorse any Content submitted to the Site by particular user or other licensor, or any opinion, recommendation, or advice expressed therein, and Magnitude expressly disclaims any and all liability in connection with Content. Magnitude does not permit copyright-infringing activities and infringement of intellectual property rights on the Site, and Magnitude will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Magnitude reserves the right to remove Content without prior notice.

Infringement Notices

If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent.

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Kevin Mischnick, who can be reached as follows:

By Mail: 515 Congress Avenue, Suite 1510, Austin, TX 78701

By Phone: 1-866-466-3849

By E-mail: legal@magnitude.com

Magnitude is under no obligation to post, forward, transmit, distribute or otherwise provide any Content, including material you provide to us, and so we have an absolute right to remove any Content from the site in our sole discretion at any time. In addition, Magnitude may terminate a user’s access to the Site if Magnitude determines that such user is a serial infringer, or for any other reason in Magnitude’s sole discretion.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MAGNITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. MAGNITUDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MAGNITUDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAGNITUDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN NO EVENT SHALL MAGNITUDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Magnitude, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.

Ability to Accept Terms

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

General

You agree that: (i) the Site shall be deemed solely based in the State of Texas; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Magnitude, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Magnitude that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Travis County, Texas. These Terms constitute the entire agreement between you and Magnitude concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Magnitude without restriction. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Magnitude’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Magnitude reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Changes to Terms and Conditions

We may change the Terms set out above from time to time. By browsing the Site you are accepting that you are bound by the current Terms, so you should check these each time you revisit the site.

Data Protection

Personal details provided to Magnitude through the Site will only be used in accordance with our Privacy Policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our Privacy Policy.

Contact

If you have a question or complaint, please contact us.