IMPORTANT: READ CAREFULLY BEFORE CREATING AN ACCOUNT OR USING THIS WEB APPLICATION. BY CREATING AN ACCOUNT, COPYING, OR OTHERWISE USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CREATE AN ACCOUNT OR USE THE APPLICATION.
This Web Application License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and LVM Systems, Inc. ("Licensor") for the use of Resident Assist Web Application, including any associated media, printed materials, and online or electronic documentation (collectively, the "App").
1. GRANT OF LICENSE Licensor grants you a limited, non-exclusive, non-transferable account license to use the application in accordance with the terms of this Agreement. Licensee will be charged fees on a per-bed basis.
2. RESTRICTIONS You may not: a. Modify, translate, reverse-engineer, decompile, disassemble, or create derivative works based on the App; b. Rent, lease, sell, distribute, or otherwise transfer the App or any part thereof without prior written consent from the Licensor; c. Remove or alter any proprietary notices, labels, or marks on the App.
3. OWNERSHIP The App is licensed, not sold. Licensor retains ownership of all copies of the App and reserves all rights not expressly granted to you in this Agreement.
4. UPDATES Licensor may, at its discretion, provide updates or upgrades to the App. Such updates or upgrades will be governed by this Agreement unless such updates are accompanied by a separate license, in which case the terms of that license will apply.
5. TERM This Agreement is effective from the date you create an account or otherwise use the App and shall continue until terminated. You may terminate this Agreement by deleting your account. Licensor may terminate this Agreement immediately if you breach any term of this Agreement, including, but not limited to, failure to pay any applicable fees, including Support and Help Fees. Upon termination, you must cease all use of the App. Historical data will be accessible to the Licensee in read-only format for up to 30 days after subscription cancellation. Licensor reserves the right to modify these terms and conditions without prior notice. Your continued use of the website and/or application after any such modifications constitutes your acceptance of the new terms and conditions.
6. SUPPORT AND HELP FEES a. Licensor may offer support and help services for the App ("Support Services"). Such Support Services may include assistance via telephone, email, or online support. b. Unless otherwise agreed in writing, Licensor may charge fees for Support Services. You will be informed of any applicable fees prior to receiving such services. c. Support Services are provided at the discretion of Licensor, and Licensor reserves the right to discontinue or modify its Support Services at any time without notice. d. Any support provided by Licensor will be subject to the terms of this Agreement, and Licensor makes no guarantees or warranties concerning the resolution of issues or the response time for Support Services.
7. DISCLAIMER OF WARRANTIES The App is provided "AS IS" without warranty of any kind. Licensor disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. DATA SAFEGUARDS All data obtained orally, electronically, or in writing by LVM from Licensee in connection with the Software is confidential and shall be safeguarded by LVM. LVM shall bear no responsibility for safeguarding information that is publicly available, already in LVM’s possession or actually known to it, or lawfully obtained by LVM from third parties. LVM will comply with all state and federal laws and regulations regarding confidentiality of such information. LVM maintains reasonable technical, organizational, and physical security measures to protect the security of sensitive and confidential data in transit, at rest, and in storage from unauthorized access or unlawful disclosure.
9. LIMITATION OF LIABILITY In no event shall Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the App, even if Licensor has been advised of the possibility of such damages.
10. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of laws principles.
11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and Licensor concerning the App and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the App.
12. SEVERABILITY If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, the remaining provisions shall continue in full force and effect.
By clicking "I Agree" or creating an account, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
For more information, please see LVM Systems’ Privacy Policies