Index
Introduction
Access to the MARETweb Site
Acceptable Use of the Site
Warranty Disclaimer
Limitation of Liability
Indemnification
Governing Law and Arbitration
Waiver and Severability
Electronic Contract
Privacy and Security
Introduction
Welcome to the website for MARET Systems International. This 'site' is called 'MARETweb.' It is the electronic version of the earlier Counseling and Assessment Software as marketed for PC computer installaton since 1988.
Access to the MARETweb Site
By accessing, browsing and/or using the MARETweb site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use including the Privacy Policy and to comply with all applicable U.S. Laws and international regulations. If you do not, cannot or will not agree to the terms contained herein, you are not authorized to use the MARETweb site and/or any of the services offered through the MARETweb site. MARET Systems International reserves the right, by its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the MARETweb site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the MARETweb site. Your continued viewing or use of the MARETweb site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms.
Acceptable Use of the Site
In order to use the MARETweb site, you must obtain access to the Internet and pay any and all service fees associated with such access.
Use of Site Documentation. You agree that you are only authorized to view and to retain a single copy of documents and published materials of all types on the MARETweb site. You may not repost, email, publish, or distribute documents or published materials. Documents generated through the use of the Counseling Assessments is for private use. Those documents may be printed and used by therapists. Therapists may make multiple copies as deemed necessary. Printed documents may not be republished in any way or used in any way other than for the purposes of therapy. All printed or printable materials contain a copyright statement.
Use of Site Video and Audio Recordings. All audio and video contained within the MARETweb site is for use on the MARETweb site only. It may not be downloaded nor stored on your computer. It may not be distributed in any way.
User Login and Password. Each MARETweb user must obtain and pay for their own user ID and password. Users may not allow others to use their password under any circumstances. An organization containing more than one user must obtain a unique user name and password for each user. Violation may result in termination of contract or in additional fees applied to the users account.
Deep Links. Linking. You agree not to 'deep-link' to the MARETweb site, meaning that you shall not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose, unless specifically authorized by MARET Systems International in writing to do so. If you do want to link to the Site in any manner, you may contact MARET Systems International by email for permission.
Framing. You agree not to create any frames at any other web site(s) pertaining to or using any of the content located at the MARETweb site for any purpose, unless specifically authorized by MARET Systems International in writing to do so. One exception to this rule applies: Therapists and counseling centers may post copies of the Counseling Assessments on their local website for use by clients. Those Counseling Assessments may not be sold or redistributed for profit.
Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the MARETweb site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the MARETweb site, overloading,'flooding', 'mailbombing' or 'crashing' the Site. Violations of system or network security may result in civil or criminal liability. MARET Systems International reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
Personal Responsibility. You represent and warrant that any information and/or material you post or provide to MARET Systems International by means of the MARETweb site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the MARETweb site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith. You agree NOT to use the MARETweb site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the MARETweb site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the MARETweb site.
Information Disclosed via the MARETweb Site. In addition to any other warranty disclaimer provided in the terms, any information disclosed to you via the MARETweb site including, without limitation, any content, healcare professional recommendations, product recommendations, product descriptions, product safety and/or effectiveness materials, are not offered with any warranty or representation as to ability, accuracy, performance or suitability for your intended purpose or compliance with applicable law. MARET Systems International assumes no responsibility, and disclaims any liability for, any illness or injury resulting from suing any products or following any advice contained on this site.
Third Party Intellectual Property Rights. Without limiting the foregoing, you shall not, and by using the MARETweb site you agree not to, use the MARETweb site to: (i) transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any submissions that reveal trade secrets, unless you own them or have the permission of the owner to to transmit them; or (iii) transmit or post any submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. Furthermore, unless otherwise expressly provided, you acknowledge and agree that: (a) all submissions shall become property of MARET Systems International to use and post on the MARETweb site; (b) MARET Systems International has the right to publish the submissions for any type of use including for promotional and advertising purposes, in accordance with the terms set forth in the Privacy Policy, without compensation to you of any kind; (c) any submissions that you submit to any part of the Site are non-confidential for all purposes; and (d) that if you make any such submission, you automatically grant, represent and warrant that the owner of such content has expressly granted MARET Systems International a royalty-free, perpetual, irrevocable, world-wide exclusive license to use the submissions in any manner, media or form now known or hereafter developed. MARET Systems International shall have the right to sublicense its rights. The term 'Intellectual Property Rights' shall mean, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(Acceptable Use...con't)
Ownership. MARET Systems International puts a lot of content on the MARETweb site for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by MARET Systems International on, through or in connection with the MARETweb site. Moreover, MARET Systems International attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the MARETweb site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the MARETweb site and any services offered on the MARETweb site, are the property of MARET Systems International, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the MARETweb site is the exclusive property of MARET Systems International and is protected by U.S. and international copyright laws. All software used on the Site MARETweb site is the property of MARET Systems International or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the MARETweb site is permitted except expressly in accordance with these Terms and/or with the express written permission of MARET Systems International and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the MARETweb site. All rights not expressly granted hereunder are expressly reserved to MARET Systems International.
Warranty Disclaimer
The content, services, information and access to the MARETweb site are provided 'as is' and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and noninfringement. MARET Systems International does not warrant that any part of the MARETweb site will operate uninterrupted or error free, that defects will be corrected, or that the MARETweb site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the MARETweb site and access to the MARETweb site will be uninterrupted, continuous or error-free. MARET Systems International does not warrant or make any representations regarding the use or the results of the use of the MARETweb site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore verify any information obtained from the MARETweb site prior to acting upon it.
Except as otherwise expressly provided, MARET Systems Internatonal expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third party sites that link to or from the MARETweb site. MARET Systems International disclaims any responsibility for product or service ordering functions, order fulfillment or compliance of products or services with any manufacturer's warranties or specifications. MARET Systems International cannot be held responsible for the material contained on third party sites and/or related services nor does MARET Systems International make any representations or warranties as to the security of any information you might be requested to give to third party sites.
Limitation of Liability
Your use of the MARETweb site is at your own risk. To the furthest extent permitted by law, under no circumstances including, without limitation, shall MARET Systems International, its affiliates, related entities, vendors or content providers, be responsible or liable for any damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and/or incidental damages that result from your use or inability to use the MARETweb site, any content and/or any related software, even if MARET Systems International or an authorized MARET Systems International representative has been advised of the possibility of such damages.
Notwithstanding anything else contained in these terms, in the event the terms of this section, or any part of ths section, shall be held invalid or unenforceable by a court of competent jurisdiction, in no event shall MARET Systems International's total liability to you, or anyone claiming by or through you, for any damages, looses, claims and/or causes of action, wheter in contract, tort, negligence or otherwise exceed the cost of software purchased by users and only when claims are related to non-functioning software purchased by users.
Indemnification
You shall indemnify, defend and hold harmless MARET Systems International and its sponsors, business affiliates, vendors, content providers, subsidiaries, related entities, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the MARETweb site in violation of these terms or the infringement by you of any Intellectual Property Rights of any person or entity.
Governing Law and Arbitration
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the MARETweb site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these terms by binding arbitration in Illinois under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these terms shall be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the MARETweb site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State or Federal Courts located in the State of Illinois, U.S.A.
Waiver and Severability
Furthermore, no delay or omission by MARET Systems International to exercise any right or any noncompliance on your part with respect to the terms shall impair any such right or be construed to be a waiver by MARET Systems International. If any provision of the terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
Electronic Contract
You agree that the terms, combined with your act of using the MARETweb site and/or the services offered on or through the MARETweb site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the terms.
Privacy and Security
At various places on the MARETweb site users are encouraged to give personal information including name, address, phone numbers, email addresses and other personal information. MARET Systems International makes the following agreements and promises to any user who provides personal information to us: (i) MARET Systems International will not under any circumstances sell, give away, trade, redistribute, publish or market the personal information provided by individuals who give that information to MARET Systems International; (ii) MARET Systems International will not sell, give away, trade, redistribute, publish or market email addresses given to MARET. Those email addresses are designated for use only by MARET Systems International and then only for official purposes associated with the MARETweb site; (iii) MARET Systems International will safely record and database all personal information given to them in such a manner that it cannot be accessed by individuals not connected with MARET Systems International; and, (iv) All information provided to MARET Systems International will be for the proper conducting of business with our customers and will not be used for any other purposes. This information will be guarded with the greatest of care.