(Last Updated June 2024)
Welcome to the Mootsoftware website, www.mootsoftware.com. Throughout these Terms of Use, use of "us," "we," and "our" refers to Mootsoftware, LLC (hereinafter "Mootsoftware") as appropriate. By using any portion of the Mootsoftware website and/or services provided by Mootsoftware (hereinafter "Sites" and/or "Services"), you signify your assent to these Terms of Use. "Sites" as used in these Terms of Use also means all sites and services we make available, including through (a) our website at www.Mootsoftware.com and any other Mootsoftware branded or co-branded websites or web services (including sub-domains, international versions, widgets, and mobile versions) or partner websites and the services offered through such and (b) other software, sites, or services now existing or later developed by us. If you do not agree with these Terms of Use, please do not use the Mootsoftware Sites. Mootsoftware reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Mootsoftware Sites and/or Services following the posting of any changes to these Terms of Use will mean you accept those changes.
These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
Your privacy is very important to us. Mootsoftware agrees to adhere to all applicable laws, statutes, and regulations relating to the collection and use of personal information from the Sites' visitors and Services' users. For more information, please view Mootsoftware's Privacy Statement . We encourage you to read the Privacy Statement, and to use it to help you make informed decisions.
All information, including, without limitation the design of the Sites, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI, and other codes and scripts in any format used or featured on the Sites or in connection with the Services to implement or provide materials available through our Sites and Services including any products, services, and web content including but not limited to software, images, text, and various streaming media and/or downloads ("Materials") are owned by Mootsoftware and/or by Mootsoftware licensors, who have given Mootsoftware permission to use the Materials. All Materials on the Sites are protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law all and all rights in the said Materials are reserved by Mootsoftware or respective owners. The overall design and appearance of this Site is the proprietary trade dress of Mootsoftware.
Any and all Mootsoftware trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Mootsoftware uses in connection with the Sites shall remain the exclusive property of Mootsoftware. Nothing contained in the Terms of Use shall be deemed to give you any rights in or to any trademarks of Mootsoftware. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Mootsoftware Sites or Services may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the "Submissions") intended for review by Mootsoftware or by general public, or by members of any public or private community. Mootsoftware does not claim ownership of the third party submitted content unless otherwise stated and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions may not be reviewed, approved, or endorsed by Mootsoftware and are provided solely for convenience to Mootsoftware, our customers and users. Mootsoftware reserves the right to monitor, restrict access to, edit, or remove any content available via the Sites. By providing a submission, you are irrevocably granting Mootsoftware and our affiliated companies the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including granting the general public the right to use your Submissions in accordance with this Terms of Use), and the right to publish your name, city of residence and email address in connection with your submission. These rights are granted under all applicable intellectual property rights you own or control. By providing a submission you warrant that you own or otherwise control all of the rights to your Submission and that you own or otherwise control the rights to your Submission and that it is not subject to any rights owned by a 3d party. No compensation will be paid with respect to the use of your Submissions. Mootsoftware is under no obligation to post or use any Submission and we may remove any Submission at any time.
You may not use the Mootsoftware Sites or Services for any purpose or in any manner that infringes the rights of any third parties. Mootsoftware encourages you to report any content on the Mootsoftware Sites or pertaining to the Services that you believe infringes your copyright. If you believe your copyright is being infringed by content hosted on the Mootsoftware Sites or via the Services, please send a written notice to: Director of Compliance Mootsoftware LLC, P.O. Box 80148, Austin, TX 78708-0148.
Mootsoftware is committed to managing copyright complaints responsibly and in compliance with applicable laws, including international treaties and the laws of the various countries from which Mootsoftware provides its services. In those circumstances where the United States Digital Millennium Copyright Act ("DMCA") is applicable, it is our policy to expeditiously remove content that is the subject of a correctly prepared notice under Section 512(c). We have included the elements of a DMCA notice below, and have also prepared some sample language to assist you in preparing a correct DMCA notice. We will forward your notice to our customer. It is our policy to replace removed content if our customer submits a properly prepared counter notice under the DMCA. We encourage you to consult a lawyer before submitting a notice of copyright infringement. Copyright laws may allow a person to use a work in certain ways without the copyright owner's permission. Please note that Section 512(f) of the DMCA states that any person who knowingly materially misrepresents in a DMCA notice that content is infringing shall be liable for damages, including costs and attorneys' fees incurred by the alleged infringer. Please call us at [phone] if you need help understanding our procedures.
DMCA Notice: To be an effective notice under Section 512(c) of the DMCA your written notice must include all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mootsoftware to locate the material;
Information reasonably sufficient to permit Mootsoftware to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree not to upload, post or otherwise transmit via the Mootsoftware Sites or Services any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You also agree not to use the Mootsoftware Sites or Services to: (i) impersonate an employee or a representative of Mootsoftware, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, "chain letters" and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Mootsoftware Sites or Services or any other system or networks connected to the Mootsoftware Sites or Services or any other services offered through the Mootsoftware Sites or Services, and/or other accounts not belonging to you, or violate security of any portion of the Mootsoftware Sites or Services, by hacking, password mining, or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Mootsoftware Sites or Services through any means; (vi) attempt to interfere with the proper working of the Mootsoftware Sites or Services or any transaction being conducted on the Mootsoftware Sites or Services or to restrict or inhibit any other user from accessing or using the Mootsoftware Sites or Services, by means of hacking or defacing any portion of the Mootsoftware Sites or Services; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
Unless otherwise specified, the Mootsoftware Sites and Services are not to be resold or used in any way that is competitive to Mootsoftware unless prior, written permission from Mootsoftware is obtained. 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 Sites or Services.
We currently provide the ability to use our Sites and Services from mobile devices for free, but be aware that your carrier's normal rates and fees, such as data plans, will still apply.
In an effort to continually improve our sites and services and their usefulness to you, we may add additional services or make changes to existing services. Products, price, and availability information are subject to change at any time without notice. Any prices listed on these Sites are not offers to form a contract but merely an advertisement for offers. In the event Mootsoftware makes such changes, these Terms of Use shall continue to apply to new services and to any changes of existing ones unless the changes specifically require a change in Terms of Use.
These Terms of Use are effective until terminated by either party. You may terminate your agreement with Mootsoftware at any time by no longer accessing these Sites or Services and destroying all materials obtained from the Sites or Services. In the future this requirement may require formal notice but it is not required at this time.
Mootsoftware reserves the right, in its sole discretion, to terminate your right to use the Sites or Services and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Sites. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from these Sites, as well as all copies of such materials. Termination may also bar you from any future access and/or usage of Mootsoftware sites and services.
Mootsoftware may also restrict, suspend, or terminate access and/or usage to any user who abuses or misuses Mootsoftware Sites or Services or breaches these Terms of Use. Misuse includes infringing any intellectual property or copyright terms; using sites and services commercially without explicit authorization from Mootsoftware; hacking or tampering with the Mootsoftware Sites or Service operations, behavior, or functionality; and/or any other conditions that create risk, or possible legal and/or business exposure to us, our affiliates, our partners, or other users of Mootsoftware Sites and Services. Upon termination for any reason, the provisions in Sections 2, 5, and 6 herein will still apply.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS WHEN USING OR ACCESSING Mootsoftware SITES OR SERVICES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Mootsoftware HARMLESS AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITES AND/OR SERVICES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR Mootsoftware, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Mootsoftware IS PROVIDING SITES, SERVICES, MATERIALS, AND CONTENT ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OF WARRANTIES OF ANY KIND WITH RESPECT TO THESE SITES, SERVICES, OR THE CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mootsoftware DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, Mootsoftware DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THE SITES OR SERVICES IS ACCURATE, COMPLETE, OR CURRENT.
EXCEPT AS SPECIFICALLY STATED ON THESE SITES, UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL Mootsoftware NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, RELATED COMPANIES, SUBSIDIARIES, MERCHANTS, CONTENT PROVIDERS, OR ANY OTHER PARTY INVOLVED IN THE CREATION OR MAINTENANCE OF THESE SITES OR SERVICES BE LIABLE FOR THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESE SITE OR SERVICES: INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. Mootsoftware ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES OR SERVICES.
PLEASE BE AWARE THAT ANY VIOLATION OF THESE TERMS OF USE MAY RESULT IN LEGAL ACTION AGAINST YOU. THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, U.S.A., WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS. IF YOU ARE DISSATISFIED OR HARMED BY Mootsoftware OR ANYTHING RELATED TO Mootsoftware, YOU MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 5 ("TERMINATION"), AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. YOU HEREBY CONSENT RESOLVE ANY CLAIM, CAUSE OF ACTION, OR DISPUTE ("CLAIM") YOU HAVE WITH US ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR Mootsoftware EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN TRAVIS COUNTY. YOU ALSO HEREBY CONSENT TO SUBMIT TO THE EXCLUSIVE, PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN TRAVIS COUNTY, TEXAS FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THE CREDITOR, MUST HAVE MATERIALLY AFFECTED THE CREDITOR'S SETTLEMENT WITH THE DEBTOR.
These Terms of Use constitute an agreement between you and Mootsoftware, LLC. If we fail to enforce any of this agreement, it will not be considered a waiver. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mootsoftware as a result of this agreement or use of the Sites or Services.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and Mootsoftware with respect to the Sites and Services and such supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Mootsoftware with respect to the Sites and/or Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For questions or comments or send mail to:, Mootsoftware Terms of Use, Mootsoftware LLC, PO Box 80148, Austin, TX 78708-0148.