- License Grant
Upon your acceptance of this Agreement and subject to the terms and conditions of this Agreement,You’ve Got MAIDS® grants you a non-exclusive, non-transferable, limited right to access, use and display the Web Site and the You’ve Got MAIDS® services (the “Services”), solely for your personal or internal business purposes.
- Your Use of the Web Site
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site. You may display and electronically copy, download and print hard copy portions of the material contained on the Web Site for your own personal or internal business use (or as specifically contemplated by the Web Site), provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Web Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Web Site, without the prior written permission of You’ve Got MAIDS®, is strictly prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other content, is solely owned by You’ve Got MAIDS®. When you download these materials, they are provided to you by You’ve Got MAIDS® under a license that is revocable at any time, with or without cause.
- Electronic Communications
Any postings to this Web Site and electronic mail delivered to You’ve Got MAIDS® (“Electronic Communications”) that contain unsolicited ideas, suggestions or materials will be considered non-confidential and non-proprietary. Electronic Communications are, and will remain, the sole and exclusive property of You’ve Got MAIDS®, and You’ve Got MAIDS® will have no obligation with respect thereto. You’ve Got MAIDS® may copy, disclose, distribute, incorporate and otherwise use Electronic Communications and any information contained therein for any purpose whatsoever, whether commercial or non-commercial, without compensation. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.
- Proprietary Rights
You acknowledge that this Web Site, any software used in connection with the products and Services provided on this Web Site, and all content contained on this Web Site, are owned by You’ve Got MAIDS® and contain or consist of proprietary and Confidential information (as defined below) that is protected by applicable intellectual property and other laws. You’ve Got MAIDS® retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the Web Site. Other than as expressly contemplated by the Web Site, you may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
The logos, trade names, and product and service names contained on this Web Site are the trademarks and service marks of You’ve Got MAIDS® or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of You’ve Got MAIDS®. You’ve Got MAIDS® also retains ownership of the “look and feel” of this Web Site, including color combinations, buttons, layout, and other graphical elements.
You agree not to use any of You’ve Got MAIDS®’s Confidential Information (as defined below) for any purpose except to operate the Site and utilize the Services in accordance with this Agreement. You agree not to disclose any of You’ve Got MAIDS®’s Confidential Information to any third party other than to your employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information solely on a “need to know” basis for the purposes of conducting your business. “Confidential Information” may include, You’ve Got MAIDS®’s (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by us; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by You’ve Got MAIDS®; (ii) becomes publicly known and generally available after disclosure by us through no action or inaction of yours; (iii) is already in your possession at the time of disclosure by us; (iv) is obtained by you from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by you without use of or reference to our Confidential Information; or (vi) is required by law to be disclosed by you, provided that you give us prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
- Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
You’ve Got MAIDS® MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE’S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS WEB SITE SUPPLIED BY You’ve Got MAIDS®, YOU OR ANY THIRD PARTY. THIS WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, You’ve Got MAIDS® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. You’ve Got MAIDS® DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You’ve Got MAIDS® DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT You’ve Got MAIDS®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL You’ve Got MAIDS® OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF You’ve Got MAIDS® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless You’ve Got MAIDS®, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Web Site using your User ID and password.
- Links to Other Web Sites
This Web Site may provide access to other World Wide Websites. You’ve Got MAIDS® does not control these web sites, and you access them solely at your own risk. You’ve Got MAIDS® also does not endorse or approve any products or information offered at web sites you reach through this Web Site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this You’ve Got MAIDS® Web Site or have moved to another web site.
Any claim relating to the Web Site or your use of it shall be governed by the internal substantive laws of the State of South Carolina, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site shall be in the state or federal courts located in Charleston County, South Carolina.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and You’ve Got MAIDS® regarding all aspects of your use of this Web Site.
You agree that no joint venture, partnership, employment or agency relationship exists between you and You’ve Got MAIDS® as a result of this agreement or your use of the Web Site.