Effective Date: October 27, 2023
The Aeon web application, website, and associated mobile applications (collectively the "Services"), is owned by MSH Software Services, LLC, a Florida limited liability company ("Company," "we," or "us"). In order to use the Services, you must agree to be bound by the most recent version of the Terms of Service available on the Services (the "Terms"). If you do not agree to the Terms, you cannot use the Services. We may change these Terms at any time. The Company will alert you to an update in the Terms by posting notice of the update on the Services.
- The Services are provided on subscription basis subject to the Terms and any Software as a Service Agreement you enter into with the Company for the Services (the "SaaS Agreement"). You acknowledge and agree that the Services utilize third party application programming interfaces and other third party products ("Third Party Services") in order to provide certain functionalities. The Third Party Services are the owners of such products. We are not responsible for the availability, unavailability, or operation of any Third Party Services. You agree to use the Third Party Services solely as permitted by their respective owners. Any exchange of data or other interaction between you and Third Party Services is solely between you and that third party.
- By using this Services, you agree to the following rules:
You are not permitted to use the Services if: (1) you cannot enter into a binding contract with the Company; (2) you are located in a country embargoed by the United States, or if you are on any United States agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (3) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.
You will be required to create an Account (as defined below), and select a password and user name. You will not share you account with any person or entity except as permitted by your SaaS Agreement.
You will follow any and all applicable laws, rules, and regulations when using the Services offered by the Company.
You hereby represent and warrant that any and all information that you provide to the Company is accurate, complete, and truthful.
You will not use the Services to stalk, defame, harass, or interfere with any other person.
You will not use the Services in any way that may be illegal or contrary to any law or in violation of the civil rights of any person including, without limitation, discriminatory hiring or employment practices.
You will not index, crawl, decompile, scrape, or reverse engineer any part of the web, mobile application or any other platform offered by the Company.
You will not interfere with, attempt to interfere with, or assist anyone else in interfering with or disrupting the Company's security or network.
3. We reserve the right to terminate or restrict your use of the Services for any violation of these Terms. We reserve the right to modify the Services at any time and for any reason, with or without notice.
- For the purpose of these Terms, any person visiting the Services or accessing the Services shall be deemed a "User".
- You will be required to create a username and password, which will help to protect your Account from any unauthorized access. You may not transfer your Account to anyone else without our prior written permission. It is your sole responsibility to guard and protect this login information. We are not responsible for any activities or damages resulting from any unauthorized use of your Account. If you change your email address or no longer have access to the email you used to register, you must update your information. We reserve the right to reject or block any username which could be deemed to be offensive, an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity. The security and confidentiality of your Account are solely your responsibility and you agree to immediately notify us of any security breach of your Account. Neither the Company nor its officers, affiliates, employees, or vendors (collectively, the "Company Affiliates") shall not be responsible for any losses arising out of the unauthorized use of your Account.
- As a hiring platform, the Services may facilitate your ability to communicate with third-parties, including job applicants. You agree and acknowledge that any such interactions shall be at your own sole risk and that neither the Company nor the Company Affiliates shall be liable for any losses, liabilities, or damages occurring as a result of your interaction with any person.
- Certain third-party content and links to third-party websites may be available on the Services. Third-party content and links are provided as a convenience to you. You agree that the Company is not responsible for examining or evaluating the content or accuracy and the Company does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that the Company is not in any way responsible for any such use by you.
- In order to use the Services, Users must enter into a SaaS Agreement with the Company. You agree to abide by the terms of the SaaS Agreement at all times. Any breach of the SaaS Agreement, including any failure to make any payment when due, may result in termination or suspension of your Account.
Intellectual Property & DMCA Safe Harbor Compliance
- All materials available through the Company, including (but not limited to) the name the Company and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to us or the respective third-party owner of such intellectual property. You agree not to copy, reproduce, duplicate, display, or otherwise distribute these materials without our written permission.
- You are responsible for videos, photos, audio, text, graphics, or other data you transmit through the Services and you agree to comply with all applicable laws, rules and regulations regarding the use of intellectual property. You agree that your use of the Services, including content you post, will not infringe the rights of any third party. We reserve the right to block or terminate your Account, at our sole discretion and without notice or liability to you, if you transmit any content alleged to infringe on the intellectual property rights of a third party.
- If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please requirements to the Company's Copyright Agent as required by the Digital Millennium Copyright Act ("DMCA"):
- Information reasonably sufficient for the Company to contact you: name, address, phone and e-mail address (if available).
- A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works.
- Information reasonably sufficient to permit the Company to locate your work on the Services.
- A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner's behalf.
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to the Company by mail, fax or email as set forth below:
MSH Software Services, LLC
1 E Broward Blvd., Suite 150
Fort Lauderdale, Florida 33301
LIMITATION OF LIABILITY AND DAMAGES
- THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND THE COMPANY AND THE COMPANY AFFILIATES DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMEN. AS SUCH, YOUR USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK. COMPANY MAKES NO WARRANTIES AS TO THE ACCURACY OF ANY CONTENT OR INFORMATION AVAILABLE ON THE SERVICES. ADDITIONALLY, SOME FEATURES OFFERED THROUGH THE SERVICES MAY INCLUDE GENERATIVE ARTIFICIAL INTELLIGENCE. YOU ACKNOWLEDGE THAT THESE FEATURES MAY NOT BE ACCURATE OR SUITABLE AND ARE SUBJECT TO CHANGE DURING EACH GENERATION.
- UNDER NO CIRCUMSTANCE WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, ARISING OUT OF, OR RELATING TO, YOUR USE OF THE SERVICES. THE COMPANY'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO ANY ALLEGED CLAIM.
- You agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against all claims, demands, suits, and liabilities by any third party or other User arising out of or relating to (i) your access to or use of the Services, (ii) your interaction with any third-parties or third-party websites, through the use of the Services (iii), your violation of these Terms, (iv) any transactions between you and any other User or third-party, or (v) the infringement by you, or any third-party using your Account, of any content, intellectual property or other right of any other person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with our defense of these claims.
- The construction, validity, and performance of any and all contracts executed, or Services provided in accordance herewith, shall be governed by the Laws of the State of Florida, and in the event that any dispute or claim arising therefrom cannot be resolved without intervention of the courts, such claim or dispute shall be subject to the exclusive jurisdiction of the state or federal courts in Broward County, Florida.
- If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.
- The delay or failure of either party hereunder to exercise or enforce any right or provision of these Terms, shall in no way constitute a waiver of such rights.
- Through your use of the Service, you also hereby expressly consent and agree to receive electronic communications from us.
- If you do not understand any of the Terms listed above, or if you have any questions or comments about such Terms, we encourage you to please contact us via email at: firstname.lastname@example.org