Terms of Service Agreement

You must read and agree to this Terms of Service Agreement ("Agreement") as a User ("User(s)" or "You(r)") of Melocs, LLC's ("Melocs") website, server, applications, services and/or services made available through authorized third parties ("Melocs Service(s) or Service(s)"). Once you have been given notice of, or been provided a copy of, this Agreement (including without limitation delivery of this Agreement via an email or other method of notification) your continued use of your User account will indicate your acceptance of all of the terms of this Agreement.

You must be 16 years of age or older to be a User of the Site. By continuing to use the Site, you warrant that you are at least 16 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, you must immediately stop using the Site.

Updates to These Terms of Service

This Agreement was last updated on 2014-04-02. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. You will be informed of any modifications of these Terms of Service by Melocs by email or other method of notification. Modifications will become effective immediately upon the notice of modifications being sent to you. Your continued use of the Site as a User after modifications are posted will be considered an acceptance of the modified Terms of Service.

Description of Services

The Site is owned by Melocs, LLC., a Missouri company with a place of business at 1565 E. Cardinal Road, Ozark MO 65721.

Melocs Services consists of its Site located at the URL www.melocs.com, its related servers, and its applications, widgets, and features (collectively, the "Melocs Services"). The Melocs website and applications, including Customized Solutions as later defined, will be referred to as the "Site". The Site and Melocs Services provide Users with access to applications wherein customers can interact with each other, track various aspects of the customer relationship, and gain access to individual and aggregated information (the "Solution"). Each Site that is custom tailored for a User, shall be known as a "Customized Solution".

There are two general types of Users, registered Users that have registered with Melocs or with an authorized third party that provides access to Melocs Services ("Registered Users"), and casual visitors of the Site ("Visitors"), so they may use a different Customized Solution in order to use certain features.

You understand and agree that although we will use reasonable efforts to ensure the Site is available, temporary interruptions of the Services available through the Site may occur. The Services available on the Site are provided "AS IS" and Melocs is not liable to you for any temporary interruption in Services.

Registration Data, Passwords, and Privacy

By registering with us, you agree that all information provided during registration is true and accurate and you will update this information in order to keep it current, complete and accurate. You represent and warrant, with respect to any information, data or other content ("Information") you provide to Melocs during or after registration, that you are authorized to provide such Information, including personal information.

During the registration process, you will be asked to select a password for your user account. The password and your user account are for your individual use only, and are not to be shared with employees, coworkers, friends or family. You agree to keep your password confidential at all times. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Melocs immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of the Site is subject to our Privacy Policy, which is incorporated by reference into this Agreement.

Conduct on Site

You agree to obey all applicable laws, rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the Site, including all Information you provide.

You agree that you will not upload, share, or otherwise distribute any Information, including personal information, that:

We do not pre-screen, monitor nor endorse said Information. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you would like to notify us of content that you believe does not comply with these Terms of Service, please fill out our feedback form on our Site.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Third Party Sites and Information

Our Site may include links to other sites or applications, information from other sites and applications, or may be accessed from other sites on the Internet or mobile applications, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. You acknowledge that these third party sites are beyond our control, we have not reviewed any third-party information and we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party websites, services, or products.

Third Party Terms and Intellectual Property

Subscriber's obligations concerning misuse and confidentiality of the database and right of action or claim against subscriber for any breach thereof shall survive the termination of this Agreement. Failure at any time or times to enforce its rights under this Agreement shall in no manner affect its rights at a later time to enforce the same.

Intellectual Property

Melocs is the owner and retains all proprietary rights to the Site, the Services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law, except Commercial Users' marks and intellectual property ("Commercial User IP"). You are permitted to use the Site and its content only as specifically authorized by Melocs. Melocs' trademarks and/or service marks may not be used in connection with any product or service that is not provided by Melocs, in any manner that is likely to cause confusion among customers or Users of the Site, tarnishes or dilutes the marks, or disparages or discredits Melocs. Melocs' software and Services available on the Site may be the subject of pending patent, copyright and/or trademark application(s) and/or registration(s), and you are granted a limited right to use such software and Services only in conjunction with the Site and in accordance with this Agreement.

Others' Intellectual Property Rights. Melocs deeply respects third party intellectual property rights. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below. You warrant that all Information uploaded or provided by you, either from your own computer or another website/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to: (a) use the Information within the scope of use; (b) use the Information as contemplated by the Site and your scope of use, and (c) to grant Melocs the rights described herein. Please be aware that your use of the Information may be interpreted as a use for commercial purposes pursuant to copyright laws. Even if you believe you have certain rights to use third party Information, you should ensure that you have the appropriate rights to use such Information for commercial purposes and within the scope of use. We cannot, and do not intend to, provide you legal advice or assistance regarding acquisition of appropriate intellectual property rights. If you are unsure as to whether you have the appropriate rights to use the Information within your scope of use, you should consult an attorney.

You hereby grant to Melocs a royalty-free, perpetual license to use, copy, create, modify, display and host your Information solely to the extent necessary for Melocs to provide the Melocs Services as described herein, including the Customized Solution. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove or disable the identified materials from our Site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Repeat Infringers

Your account may be terminated if, at Melocs' sole discretion, you are determined to be a repeat infringer. Repeat infringers are Users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Disclaimer of Warranties

All Services on this Site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, we make no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be effective, accurate or reliable, or (d) the quality of any materials or Services obtained by you from the Site, from us, or from any third parties' websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects.

The use of the Services, the uploading of Information and/or data, or the downloading or other acquisition of any materials or content through this Site or through third parties' websites to which the Site is linked, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

Other than as expressly set forth in the paragraph hereunder entitled "limited warranty for products," Melocs expressly disclaims and provides no other warranties for products, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Any warranty that is provided in connection with any products, Services, materials, or Information available on or through this Site from a third party is provided solely by such third party, and not by us.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

Limitation of Liability

Your exclusive remedy and Melocs' entire liability, if any, for any claims arising out of the Site shall be limited to the amount you paid Melocs, if any, for any products and/or Services available through the Site during the six-month period before the act giving rise to the liability.

In no event shall Melocs be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any website referenced or linked to from the Site.

Further, we shall not be liable in any way for third party goods and Services offered through the Site or through third party websites linked to from the Site.

You are solely responsible for making backup copies of any and all of your information and data. Melocs shall not be liable for any loss of or damage to your information and/or data.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify and hold Melocs, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (a) your use or misuse of the Site, (b) the public performance, distribution, sharing, displaying or viewing of your Information, (c) the violation of laws, rules, regulations or terms of this Agreement, or (d) infringement by your Information, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Melocs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Melocs in asserting any available defenses. This indemnification section survives the termination of your use of the Site.

Use of Site and Storage of Material

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our Site, or limit the amount of storage space, bandwidth, or other resources you may use.

We reserve the right to terminate any Site account with no prior notice to you, including the deletion of any Information associated therewith. Do not rely upon the Site as a primary storage space for your content. You should preserve, to the extent allowable within state and federal law, backup copies of any digital data, information or other materials that you have uploaded or pushed.

International Use

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Termination of Use

We may terminate or suspend your Melocs Service User account at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account, including by putting it in Lite Site status, and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party sites and Information, Distribution Terms, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.

Governing Law

The laws of the State of Missouri, USA, will apply to all matters relating to these Terms of Service, the use of the Site and/or Services provided through the Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the Federal and State courts located in Missouri.

Notices

All notices to a User or to Melocs shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@melocs.com, if by email, or at Melocs, LLC., 1565 E. Cardinal Road, Ozark, MO 65721. Notices to you may be sent to the email address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email or other electronic technology; or (6) immediately if broadcast by Melocs.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Melocs, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the Site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. To the extent the terms of this Agreement are inconsistent with Melocs' Terms of Service, applicable to all Users of the Site, the terms of this Agreement shall prevail.

Any attempt to modify or supplement the terms of this Agreement, the Site's Terms of Service, and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

Questions about these Terms of Service should be sent via email to info@melocs.com.