Terms and Conditions of Use
• Applicability of these Terms and Conditions. MAPay, LLC, a Delaware limited liability company (the “Company”), strives to provide innovative products and services to its customers. These are the terms and conditions (“Terms and Conditions”) applicable to the use of the Company’s COVID-19 data capture application (the “Application”). These Terms and Conditions provides the person or entity (a “Customer”) with the right to use the Application and is expressly conditioned and subject to Customer’s acceptance of these Terms and Conditions, which acceptance is expressly provided by the use of the Application. The Company reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. A Customer’s continued use of the Application after any such changes constitutes acceptance of the new Terms and Conditions. If a Customer does not agree to abide by these or any future Terms and Conditions, the Customer should not use the Application.
• Fees/Marketing: Unless otherwise determined by the Company, there shall be no fees or other charges assessed by the Company for the use of the Application. The Company may, in its sole discretion, directly market other products and services offered by the Company and its affiliates.
• Ownership: As between the Company and any Customer or other third party, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of the Company or its licensors.
• Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN “AS IS,” “WITH ALL FAULTS” BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION OR ANY OTHER MATTER COVERED BY THESE TERMS AND CONDITIONS. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.
• Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF THE APPLICATION OR EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• Governing Law and Venue. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to any conflict of law principles. The state and Federal courts located in Wilmington, Delaware shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to these Terms and Conditions. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions.