YooperSoft.com and DecisionPlanner
Terms of Service

 

1. Description of YooperSoft.com and DecisionPlanner

 

YooperSoft.com and DecisionPlanner is a decision assistance website. It's purpose is to put a structure around the decision making process. It will allow a user to enter decision criteria, decision perspectives and information related to alternatives. It will provide reporting based on what you enter that will recommend the best alternative.

 

In addition, YooperSoft.com will from time to time sell additional products on its website.

 

You understand and agree that YooperSoft.com and DecisionPlanner is provided to you on an AS IS and AS AVAILABLE basis. Yoopersoft, Inc disclaims all responsibility and liability for the availability, timeliness, security or reliability of YooperSoft.com and DecisionPlanner or any other client software. YooperSoft also reserves the right to modify, suspend or discontinue YooperSoft.com and DecisionPlanner with or without notice at any time and without any liability to you.

 

2. Proper Use

 

You agree that you are responsible for your own use of YooperSoft.com and DecisionPlanner, for any posts you make, and for any consequences thereof. You agree that you will use YooperSoft.com and DecisionPlanner in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

 

3. Privacy

 

YooperSoft, Inc. is very concerned with protecting your privacy. Please view our privacy policy at http://www.yoopersoft.com/privacypolicy.aspx.

 

4. Password; Security

 

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access YooperSoft.com and DecisionPlanner.You also agree that you will be solely responsible to YooperSoft, Inc. for all activities that occur under your account.

 

5. Use & Storage

 

You agree that YooperSoft, Inc. has no responsibility or liability for the deletion of, or the failure to store any content and other communications maintained by YooperSoft.com and DecisionPlanner. YooperSoft, Inc. retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

 

6. Content

 

You enter content into YooperSoft.com and DecisionPlanner. YooperSoft, Inc. takes no responsibility for this content (including, without limitation, any viruses or other disabling features), nor does YooperSoft, Inc. have any obligation to monitor this content. YooperSoft, Inc. reserves the right at all times to remove or refuse to distribute any content on YooperSoft.com and DecisionPlanner. YooperSoft, Inc. also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of YooperSoft, Inc., its users and the public. YooperSoft, Inc. will not be responsible or liable for the exercise or non-exercise of its rights under this agreement.

 

7. Intellectual Property Rights

 

YooperSoft, Inc.'s Intellectual Property Rights

 

You acknowledge that YooperSoft, Inc. owns all right, title and interest in and to YooperSoft.com and DecisionPlanner, including all intellectual property rights. Our rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from YooperSoft.com and DecisionPlanner.

 

Your Intellectual Property Rights

 

YooperSoft, Inc. claims no ownership or control over any content submitted, posted or displayed by you on or through YooperSoft.com and DecisionPlanner. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through YooperSoft.com and DecisionPlanner and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through YooperSoft.com and DecisionPlanner which are intended to be available to the members of the public, you grant YooperSoft, Inc. a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on YooperSoft.com and DecisionPlanner for the purpose of displaying and distributing YooperSoft.com and DecisionPlanner. YooperSoft, Inc. furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.

 

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

 

8. No Resale

 

Unless expressly authorized in writing by YooperSoft, Inc., you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of YooperSoft.com and DecisionPlanner, (b) use of YooperSoft.com and DecisionPlanner, or (c) access to YooperSoft.com and DecisionPlanner. You also agree not to use, unless expressly authorized in writing by YooperSoft, Inc., the YooperSoft name or logo.

 

9. Representations & Warranties

 

You represent and warrant that (a) all of the information provided by you to YooperSoft, Inc. to use YooperSoft.com and DecisionPlanner is correct and current; and (b) you have all necessary right, power and authority to enter into this agreement.

 

10. Exclusionof Warranties; Limitation of Liability

 

You expressly understand and agree that your use of YooperSoft.com and DecisionPlanner is at your sole risk and that YooperSoft.com and DecisionPlanner are provided "as is" and “as available.”

 

YooperSoft, Inc. does not represent or warrant to you that:

  • Your use of YooperSoft.com and DecisionPlanner will meet your requirements.
  • Your use of YooperSoft.com and DecisionPlanner will be uninterrupted, timely, secure or free from error.
  • Any information, advice, or recommendation obtained by you as a result of your use of YooperSoft.com and DecisionPlanner will be accurate or reliable.
  • Defects in the operation or functionality of any software provided to you as part of YooperSoft.com and DecisionPlanner will be corrected.

Any information or material downloaded or otherwise obtained through the use of YooperSoft.com and DecisionPlanner is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

 

No advice, recommendation or information, whether oral or written, obtained by you from YooperSoft, Inc. or through or from YooperSoft.com and DecisionPlanner shall create any warranty not expressly stated in the terms.

 

11. Termination

 

YooperSoft, Inc. may, in its sole discretion, at any time and for any reason, terminate YooperSoft.com and DecisionPlanner, terminate this agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although copies of information may remain in our system for some time for back-up purposes.

 

12. Indemnification

 

You agree to hold harmless and indemnify YooperSoft, Inc., and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of YooperSoft.com and DecisionPlanner, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

 

13. Entire Agreement

 

This agreement constitutes the entire agreement between you and YooperSoft, Inc. and governs your use of YooperSoft.com and DecisionPlanner, superseding any prior agreements between you and YooperSoft, Inc.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YooperSoft, Inc. services, affiliate services, third-party content or third-party software. YooperSoft, Inc. reserves the right to modify this agreement at any time without notice to you. You may view the Terms of Service at any time at http://www.yoopersoft.com/TermsofService.aspx

 

14. Jurisdiction

 

These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan. Any claims, legal proceeding or litigation arising in connection with YooperSoft.com and DecisionPlanner will be brought solely in Delta County, Michigan, and you consent to the jurisdiction of such courts.

 

©2007 YooperSoft, Inc. - All Rights Reserved