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THIS IS A BINDING AGREEMENT BETWEEN YOU AND MAGNUS TECHNOLOGY GROUP. BY ACCEPTING THESE TERMS OF USE AND LICENCE OR USING THE MAGNUS TECHNOLOGY GROUP APP AS DEFINED BELOW, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE MAGNUS TECHNOLOGY GROUP APP.

This license and terms of use (the “Terms of Use”) apply to the website and the mobile application that is the property of, or licensed to Magnus Technology Group, LLC, with offices at 8601 Ranch Road 2222, Building 1 Suite 100, Austin, TX 78730 (“Magnus Technology Group”). The website and the mobile application are collectively referred to in these Terms of Use as the “Magnus Technology Group App.” “You” means you individually and the entity for whom you act as an authorized representative, employee or agent. That entity or organization is referred to as your employer or contracting party.

License to Use the Magnus Technology Group App

As long as you are authorized by your employer or contracting party to use the Magnus Technology Group App and you comply with these Terms of Use, Magnus Technology Group grants you a personal, non-exclusive, non-transferable, limited privilege to use the Magnus Technology Group App. Your use of the services offered by Magnus Technology Group through its Magnus Technology Group App is subject to an agreement between your employer or contracting party and Magnus Technology Group. You may use the Magnus Technology Group App solely for the purposes authorized by your employer or contracting party. The Magnus Technology Group App is not intended for the use of children under 18 or anyone not authorized by a customer of Magnus Technology Group and no such person is authorized to use it.

Magnus Technology Group reserves the right, at its sole discretion, to (1) modify these Terms of Use at any time, (2) modify, suspend or terminate operation of or your access to the Magnus Technology Group App for any reason; (3) modify or change the Magnus Technology Group App, or (4) interrupt the operation of the Magnus Technology Group App as necessary to perform routine or non-routine maintenance, error correction, or other changes. Your continued use of the Magnus Technology Group App following the implementation of changes indicates your agreement to and acceptance of the changes to the updated Terms of Use.

Restrictions on Your Use of the Magnus Technology Group App

You may not (1) attempt to gain unauthorized access to any portion or feature of the Magnus Technology Group App or any other systems or networks connected to the Magnus Technology Group App, to any Magnus Technology Group server, or to any of the services offered on or through the Magnus Technology Group App through any means, (2) probe, scan or test the vulnerability of the Magnus Technology Group App, (3) breach the security or authentication measures on the Magnus Technology Group App, (4) attempt to access any information of any other user of the Magnus Technology Group App or any other customer of Magnus Technology Group, (5) use any device, software or routine to interfere or attempt to interfere with the proper working of the Magnus Technology Group App or with any other person’s use of the Magnus Technology Group App, (6) use the Magnus Technology Group App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or (7) solicit the performance of any illegal activity or other activity which infringes the rights of Magnus Technology Group or others.

Accounts, Passwords, and Security

Before you use the Magnus Technology Group App, you will either be required to register and set up a user ID and password and enter a company code, or to use credentials provided by your employer or contracting party. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You are responsible for all activity that occurs under your account by others if you fail to keep this information secure and confidential. You agree to notify Magnus Technology Group immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s user ID, password, company code or account at any time without the express permission and consent of the holder of that user ID, password, company code or account and the express consent of your employer or contracting party. Magnus Technology Group cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Magnus Technology Group’s agreement with your employer or contracting party governs the privacy and use of the information that Magnus Technology Group may collect from users. You acknowledge that you are using the Magnus Technology Group App for the sole purposes authorized by your employer or contracting party and acknowledge that no information related to your use of the Magnus Technology Group App is your private information but rather is owned by your employer or contracting party.

Content

The Magnus Technology Group App, including all text, graphics, interfaces and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Magnus Technology Group App is owned, controlled or licensed by or to Magnus Technology Group, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Magnus Technology Group App or any Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or disclosed by you to any other person.

Disclaimers

The Magnus Technology Group app is provided “As Is, As Available.” Magnus Technology Group does not promise that the Magnus Technology Group App or any content, service or feature of the Magnus Technology Group App will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Magnus Technology Group App will provide specific results. All information provided on the Magnus Technology Group App is subject to change without notice. Magnus Technology Group cannot ensure that any files or other data you transmit through the Magnus Technology Group App will be free of viruses or contamination or destructive features.

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. MAGNUS TECHNOLOGY GROUP DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES ABOUT OR RELATED TO YOUR USE OF THE MAGNUS TECHNOLOGY GROUP APP. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MAGNUS TECHNOLOGY GROUP APP AND YOUR SOLE REMEDY AGAINST MAGNUS TECHNOLOGY GROUP MOBILE FOR DISSATISFACTION WITH THE MAGNUS TECHNOLOGY GROUP APP OR ANY CONTENT IS TO STOP USING THE MAGNUS TECHNOLOGY GROUP APP.

Limitation of Liability

MAGNUS TECHNOLOGY GROUP HAS NO LIABILITY TO YOU FOR ANY REASON. ALL AGREEMENTS REGARDING REMEDIES OR LIABILITY ARE BETWEEN MAGNUS TECHNOLOGY GROUP AND YOUR EMPLOYER OR CONTRACTING PARTY.

Limitation on Damages

IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT OR OTHERWISE, WILL MAGNUS TECHNOLOGY GROUP OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSSES RELATING TO INTERRUPTION OF BUSINESS ACTIVITIES OR LOSS OF EVEN IF MAGNUS TECHNOLOGY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

Indemnity

You agree to indemnify and hold Magnus Technology Group, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Magnus Technology Group by any third party due to or arising out of or in connection with (1) your access to or use of the Magnus Technology Group App; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party. You will pay Magnus Technology Group the cost of defending the claim (including reasonable attorney’s fees and expenses) and any damages awarded or fines imposed on Magnus Technology Group.

Violation of These Terms of Use

Magnus Technology Group may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary about any investigation or complaint regarding your use of the Magnus Technology Group App or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Magnus Technology Group’s rights or property or the rights Magnus Technology Group customers. Magnus Technology Group also may disclose your information when Magnus Technology Group determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Magnus Technology Group may, in its sole discretion and without prior notice, terminate your access to the Magnus Technology Group App and/or block your future access to the Magnus Technology Group App if requested by your employer or contracting party or if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Magnus Technology Group App. If your license to use the Magnus Technology Group App is terminated, you will cooperate with Magnus Technology Group and your employer and contracting party to remove any their information from your computer or mobile device. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Magnus Technology Group for which monetary damages would be inadequate. You consent to Magnus Technology Group obtaining any injunctive or equitable relief that Magnus Technology Group deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Magnus Technology Group may have at law or in equity.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Magnus Technology Group App including all disputes, will be governed by the laws of the United States and by the laws of the State of [Texas] excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. You agree to the personal jurisdiction by, and venue in, the state and federal courts in [Texas], and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services may be subject to different limitations. You agree to the admissibility of computer records and electronic evidence in any dispute involving these Terms of Use. No class action may be pursued or maintained with respect to any dispute regarding these Terms of Use.

Users Outside of the United States

Magnus Technology Group administers and operates the Magnus Technology Group App from its location in the United States of America. Although the Magnus Technology Group App may be accessible outside of the United States, not all features, products or services discussed, referenced, provided or offered through or on the Magnus Technology Group App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Magnus Technology Group App from outside the United States, you may only do so if authorized by your employer or contracting party and you are solely responsible for complying with applicable local laws.

Miscellaneous

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use constitute the entire agreement between you and Magnus Technology Group about your use of the Magnus Technology Group App and all other written or oral agreements or understandings previously existing between you and Magnus Technology Group with respect to such use are hereby superseded except to the extent that the agreement between Magnus Technology Group and your employer or contracting party provides otherwise.

© 2008 – 2020 Magnus Technology Group. Updated December, 2020.