Vendor Privacy Policy, Terms of Use and EULA

 

MaaXcloud is a product developed and supported by Mural Consulting Corporation

Mural Consulting Corporation Terms of Use

 

This is a license and terms of use agreement between you and Mural.  This agreement describes your rights to use the Mural website, services and the software provided with this agreement.  You should review the entire agreement because all of the terms are important and together create this contract that applies to you.

 

This Agreement contain a binding arbitration clause and class action waiver.  These affect your rights to resolve a dispute with Mural, and you should read them carefully.  By accepting this agreement or using the software, you agree to all of these terms.  If you are using the software in the course of your employment, you represent that your employer agrees to these terms and that you have authority to bind them to this agreement.

 

 If you do not accept and comply with these terms, you may not use the software.  You must click the “I do not accept” button below.

 

This agreement applies to the Mural website, the software, the media on which you received the software (if any), and any updates, supplements, and services, unless other terms come with them (collectively referred to as the “software” in this license agreement).  Mural has the right to change these terms at any time.  The most current version of Mural’s terms of use can be found at www.gomural.com/legal.

 

1. License: The software is licensed, not sold.  Under this agreement, we grant you the right to use the software but only if you comply with all the terms of this agreement.  You do not have the right to transfer your rights under this agreement.  Mural reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement.  In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately; publish, copy, rent, lease, or lend the software; transfer the software (except as permitted by this agreement); attempt to circumvent technical protection measures in the software; or reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when this agreement does not.  In that case, you may do only what your law allows.  When using the software you may not use features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account, or network in an unauthorized manner.

 

2.  Fees: Access to the software and related services are made available to you only after full payment is received by Mural.  There are no refunds.

 

3.  Appointments: You are responsible for scheduling activation services for the software.  If you fail to schedule activation services within 90 Days of your purchase then you will no longer have access to Mural’s software, services or website, and the activation service will not be delivered.  You agree to provide Mural the necessary access to resources and personnel to facilitate the activation.

 

4.  Limitations on use: You may not use any "deep-link", "page-scrape", "robot", "spider" or any similar process to access any portion of the software, services or website.  You also may not reproduce or circumvent the navigational structure or presentation of the services or website to attempt to obtain any information not purposely made available through the services.

 

5.  Acceptable Use Policy:  By agreeing to this license, you are agreeing to abide by Mural’s Acceptable Use policy that can be found in its entirety at gomural.com/legal.  Below are highlights of this policy.

 

A.  Unlawful and Offensive Use.  You may not use the software to transmit any material that constitutes or encourages a criminal offense, violates the rights of any person or entity, violates any law, rule or regulation, or victimizes, harasses, threatens, degrades, or intimidates an individual or group of individuals on any basis.  Additionally, you may not use the software to post or transmit any content that is obscene, pornographic, indecent, lewd, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties.

                                               

B.  Mural Network, Systems and Websites.  You may not engage in any conduct that has a negative effect on Mural or its network, systems or websites including, without limitation, overloading servers on the Mural network, causing portions of the Mural network to be blocked by other network providers, generating unresolved third-party complaints or complaints which, in the discretion of Mural, impose an unreasonable administrative burden on Mural.  You also may not:

           

            transmit any unsolicited commercial or bulk email. You may not transmit any “spam.”

                        use any software that facilitates or enables spam;

                        use mail bombing or other flooding techniques;

                        undertake deliberate attempts to overload a system;

                        engage in broadcast attacks;

                        send multiple messages to the same e-mail address with the same basic contents;

                        engage in trolling or otherwise posting messages designed to elicit responses;

                        send unauthorized subscriptions of another’s name to mailing lists of any kind; or

            store, use, or distribute tools that collect email addresses for the purposes of bulk mailing

 

C.  Mural’s Responsibility:  Mural takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. You acknowledge and understand that Mural does not monitor, review, edit, or take responsibility for any information that users create, access, or disseminate, and that it is your responsibility ensure that any information you transmit is in compliance with all applicable laws, regulations, and this Policy.

 

D.  How to Contact Us:  If you have any questions about our Acceptable Use Policy or your dealings with our Website, you may contact us as described on our website.

 

6.  Binding Arbitration and Class Action Waiver

 

A. Application.  This binding arbitration and class action waiver applies to any dispute. Dispute means any dispute, action, or other controversy between you and Mural concerning the software (including its price), any services provided by Mural or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

B. Notice of dispute.  In the event of a dispute, you must give Mural a Notice of Dispute, which is a written statement of the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.  Send it by email to: legal@gomural.com.  You and Mural will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent.  After 60 days, you or Mural may commence arbitration.

 

C. Small claims court.  You may also litigate any dispute in small claims court in your county of

residence or Mural’s principal place of business, if the dispute meets all requirements to be heard in the small claims court.

 

D. Binding arbitration.  If you and Mural do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration.  You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act.  Any court with jurisdiction over the parties may enforce the arbitrator’s award.

 

E. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, nor Mural, will seek to have any dispute heard as a class action, as a private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

 

F. Arbitration service and location. Any arbitration will be conducted by the Arbitration Services of Portland and take place in the Portland, Oregon metropolitan area.

 

G. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement to which this section applies must be filed within one year in small claims court or in arbitration. The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.

 

H. Severability.  If the class action waiver in paragraph e is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 

7.  Choice of Law:  The laws of Multnomah County Oregon, United States of America govern all claims and disputes under this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.

 

8.  Entire Agreement:  This agreement is the entire agreement for the software and any such supplements, updates, and services. You understand that by using the software, you ratify this agreement and all of its terms.

 

9.  Limited Warranty:  Mural warrants that properly licensed software will perform substantially as described in any materials that accompany the software.  This limited warranty does not cover problems that you cause, or that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of Mural. This limited warranty starts when the first user of your copy of the software acquires that copy, and lasts for 90 days. Any supplements, updates, or replacement software that you may receive during that 90-day period are also covered, but only for the remainder of that period or for 30 days, whichever is longer. Transferring the software will not extend the term of this limited warranty.

 

The Mural gives no other express warranties, guarantees, or conditions.

 

Mural excludes all implied warranties, including those of merchantability, fitness for a particular

purpose, and non-infringement. If your local law does not allow the exclusion of implied

warranties, then any implied warranties, guarantees, or conditions last only during the term

of this limited warranty and are limited as much as your local law allows. If your local law

requires a longer limited warranty term, despite this agreement, then that longer term will

apply, but you can recover only the remedies that are described in this agreement.

 

If Mural breaches its warranty then Mural will, at its election, either (i) repair or replace the software at no charge, or (ii) accept return of the product(s) for a refund of the amount paid, if any.  Mural may also repair or replace supplements, updates and replacement software or provide a refund of the amount you paid for them, if any.  These are your only remedies for breach of this limited warranty.  Contact Mural to find out how to obtain warranty service for the software.

 

10.  Limitation and Disclaimer of Liability:  YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY MURAL PRODUCT.  ANY CONTENT OR INFORMATION ACCESSED IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU USE OUR PRODUCTS AT YOUR OWN RISK. MURAL DOES NOT GUARANTEE THAT ITS PRODUCTS WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL MURAL OR ANYONE ASSOCIATED WITH MURAL BE LIABLE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF MURAL, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY MURAL SOFTWARE, SERVICE OR WEBSITE WILL NOT EXCEED THE GREATER OF $100.00 OR THE AMOUNTS PAID TO MURAL OVER THE PREVIOUS 6 MONTHS PURSUANT TO THIS AGREEMENT.  IF YOUR LOCAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH AREAS, THE LIABILITY OF MURAL IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

 

 

 

 

 

 

 

 

 

 

Acceptable Use Policy

 

This policy applies to the Mural website, the software, the media on which you received the software (if any), and any updates, supplements, and services, unless other terms come with them (collectively referred to as the “software” in this license agreement).  Mural has the right to change these terms at any time.  The most current version of Mural’s terms of use can be found at www.gomural.com/legal.

 

A.  Unlawful and Offensive Use.  You may not use the software to transmit any material that constitutes or encourages a criminal offense, violates the rights of any person or entity, violates any law, rule or regulation, or victimizes, harasses, threatens, degrades, or intimidates an individual or group of individuals on any basis.  Additionally, you may not use the software to post or transmit any content that is obscene, pornographic, indecent, lewd, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties.

           

B.  Threats.  You may not use the software to threaten harm to people or property.

           

C.  Interference.  You may not do anything to interfere with other users of the software.

                                   

D.  Forgery or Impersonation.  You may not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

           

E.  Infringing Content.  You may not use the software to post or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any person or entity. This includes, but is not limited to, the unauthorized posting or transmission of graphics, pictures, photographs, logos, software, music, and videos.

 

F.  Prohibited Actions Relating to Network Usage.  You may not transmit any unsolicited commercial or bulk email. You may not transmit any “spam.” You also may not:

 

                        use any software that facilitates or enables spam;

                        use mail bombing or other flooding techniques;

                        undertake deliberate attempts to overload a system;

                        engage in broadcast attacks;

                        send multiple messages to the same e-mail address with the same basic contents;

                        engage in trolling or otherwise posting messages designed to elicit responses;

                        send unauthorized subscriptions of another’s name to mailing lists of any kind; or

                        store, use, or distribute tools that collect email addresses for the purposes of bulk mailing.

 

G.  Hacking.  You may not use the software for unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach securities or authentication measures without express authorization of the owner of the system or network.

                                   

H.  Viruses.  You may not use the software to upload, post, or otherwise distribute or facilitate distribution of any content that contains viruses, worms, Trojan Horses, corrupted files, or any other similar software or programs that may damage the operation of or compromise the integrity and security of another computer, system, or service.

                                   

I.  Interception.  You may not use the software for unauthorized monitoring of data or traffic on any network or system, without the express written authorization of the owner of the system or network.           

                                   

J.  Avoiding System Restrictions.  You may not use any means to avoid the prohibitions of this Policy.

           

K.  Falsification of Origin.  You may not use a forged or misrepresented header, return mailing, or internet protocol address to mask the identity or contact information of the sender.  You may not engage in "spoofing".

                                   

L.  Other Networks.  You may not use the software to engage in activities that violate the conditions of any other network access provider or internet service provider.

                                   

M.  Mural Network.  You may not engage in any conduct that has a negative effect on Mural or its network, including, without limitation, overloading servers on the Mural network, causing portions of the Mural network to be blocked by other network providers, generating unresolved third-party complaints or complaints which, in the discretion of Mural, impose an unreasonable administrative burden on Mural.

 

N.  Prohibited Adult Content.  You are expected to use Mural’s software and services properly and responsibly.  You may not send messages that contain what is commonly acknowledged as adult graphic content or pornographic materials, including child pornography, links or distribution of passwords to adult websites, banners advertising adult websites, and sex-related merchandise.  Mural may terminate Customers that violate this prohibition at any time and without notice.

 

O.  Complaints Over Perceived Infringement:  Mural respects intellectual property rights and will terminate registered users and deny access to others who, in Mural’s discretion, repeatedly infringe the intellectual property rights of others. If you believe that materials posted on the Mural website infringe rights you enjoy under copyright law in specific materials (a "Work"), Mural requests that you follow the procedure described below to notify us of your concerns or objections. In turn, Mural agrees to respond to your notice, as outlined below, and remove or disable access to material that you believe infringes your Work.

 

P.  Designated Agent:  If you believe materials posted on the Mural website infringe the copyright in your Work, please contact our Legal Department at legal@gomural.com.  Your notice to our Designated Agent should follow the notice provisions set out in the Digital Millennium Copyright Act (17 U.S.C. § 512).

 

Q.  Mural’s Responsibility:  Mural takes no responsibility and assumes no liability for any content uploaded, transmitted, or downloaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. You acknowledge and understand that Mural does not monitor, review, edit, or take responsibility for any information that users create, access, or disseminate, and that it is your responsibility ensure that any information you transmit is in compliance with all applicable laws, regulations, and this Policy.

 

R.  How to Contact Us:  If you have any questions about our Acceptable Use Policy or your dealings with our Website, you may contact us at:  legal@gomural.com


Privacy Policy

 

This privacy policy defines how Mural Consulting Corporation will use and protect any information that you provide to us through the use of our systems, networks or websites.  Mural is committed to protecting your privacy.  When Mural is provided with any information by which you can be identified when using our systems, networks or websites, you can be assured that it will only be used in accordance with this privacy statement, and the Safe Harbor Principles published by the U.S. Department of Commerce.

 

Mural may change this policy from time to time by updating this page.  The most recent version will be available at gomural.com/legal.

 

Customer Information we may collect or receive:

                                                           

            Your Name                                                      Personalized Billing Information        

            Your Address                                                  Your Social Security Number

Your E-Mail Address                                       Your Telephone Number        

            Your Credit Card Information                         Data about technology products you use        

                                               

What we do with the information:

 

We require customer information to provide you the services you purchased from a marketplace or Mural website.  We use this information for:

                       

            Processing payment transactions

            Personalizing your customer service experience

            Internal recordkeeping and billing

            Providing you with the services you purchased

            Gathering data for satisfaction surveys to improve our service

            Marketing additional products and services to you if we receive your                                                             permission to do so when you purchase the services 

Periodic e-mails sent to you containing information and updates on your order and occasional company news, updates and information on related products and services.

 

 If at any time you would like to unsubscribe from receiving future emails we include opt-out information at the bottom of each e-mail.

                         

What we will not do with your information:

           

            We will not sell, trade or share your information to any third party

We will not release your information to any third party unless we are required to do so by law

We will not use your information to target you in connection with any advertising program, influence your choice of search engine, or encourage you to modify default browser settings

 

Security:

 

We are committed to ensuring that your information is secure.  In order to prevent unauthorized access or disclosure we have in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect or receive. 

 

All customer data that is collected or stored by Mural will be maintained in a secure environment that meets industry standards and Safe Harbor Principles for website security and will be encrypted when stored or transmitted.  

 

Mural employs up-to-date industry recognized best practices with respect to techniques and procedures to prevent and detect the theft, piracy, unauthorized access to, copying, duplication or distribution of customer data collected.

 

Mural complies with all internet privacy, Safe Harbor Principles, and similar laws in connection with our collection, use and distribution of customer data.

           

Cookies: 

 

We may use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better customer experiences and tools in the future.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting a Mural Customer Service Representative by phone or e-mail.

 

Links to other websites:

 

Our website may contain links to enable you to visit other websites that may interest you.  However, once you have used these links to leave our site, you should note that we do not have any control over that other website.  Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and such sites are governed by their own privacy policies.  You should exercise caution and review the privacy statement applicable to the websites in question.

 

Controlling your personal information:

 

Our website, products and services are all directed to people who are at least 13 years old or older. You may make changes to your stored personal information by logging into the control panel and going to the ‘Edit Profile’ page.  You can opt-out of any Mural direct marketing activities by sending us an email at unsubscribe@gomural.com.

 

Access to your personal information:

 

If you would like to receive a copy of information we have stored about you please contact us at:  Mural Consulting Corporation,  411 NW Park Avenue, Suite 400, Portland OR 97209  85719

 

By using our website, either directly or through a marketplace, you consent to this privacy policy.

 

Safe Harbor Information :

 

To learn more about the Safe Harbor program, and to view Mural Consulting Corporation's certification, please visit http://www.export.gov/safeharbor .