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Terms of Service

Last Updated: Nov 26, 2023

Welcome to MaintenanceROS

This service is provided to you by MaintenanceROS. By using our service, either through the website located at www.maintenanceros.com, or through our Mobile Apps, including any changes that may be made to the software over time (collectively “Services”), you are agreeing to these Terms of Service (“TOS”), our Privacy Policy , all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws, including local laws. These TOS constitute a legally binding agreement. By continuing you acknowledge that you have read, understand, and accept all terms and conditions contained within this TOS and our Privacy Policy (collectively, this TOS and our Privacy Policy are referred to herein as the “Agreement”).

You acknowledge and agree that you are responsible for the maintenance and upkeep of your vessel as well as confirming and adhering to the terms of any warranties associated with your equipment and components. MaintenanceROS provides information and tools to assist with this process, but it is your responsibility to ensure the accuracy and appropriateness of the maintenance tasks you perform on your boat. Additionally, you agree that MaintenanceROS is not liable for any inaccuracies, errors, or omissions in the information and recommendations provided. It is recommended that you consult with a qualified marine professional when in doubt or when performing critical maintenance tasks.

If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these TOS on behalf of the Organization as well as yourself, and you represent and warranty that you have the authority to commit the Organization to the Agreement. In that case, “you” and “your” refers to the Organization and to you. However, only one person is authorized to access the Services per subscription fee paid. Signing on behalf of an Organization does not entitle additional persons from that Organization to use the Services.

If you do not agree to be bound by the Agreement, including any of these terms, you do not have permission to use or access the Services, and should terminate access immediately. The materials contained in this website, and in our Mobile Apps, are protected by applicable copyright and trademark law.

Amendments to the TOS

MaintenanceROS may modify and/or update these TOS with additional terms that apply to the Services. For example, changes to the law may require mandatory changes to be reflected as update to the TOS. Such mandatory changes resulting from changes to the law and changes addressing new functions for the Services are effective immediately. All other changes to the TOS are effective fourteen (14) days after posting.

You are responsible for checking the TOS regularly to stay informed. MaintenanceROS may or may not also post notice of modification to these TOS on this page or via the email address you registered with us, or through other reasonable means. You must stop using our Services if you do not agree with the updated/modified TOS. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new or updated TOS.

  1. Access and Use of Services

    Provided you have registered, paid all applicable fees for our Services, and are complying with these TOS, you may access and use the Services on a non-exclusive, non-transferable basis, for your personal use in accordance with all applicable laws and regulations, and in accordance with the Agreement. The Services may not be used for any commercial purposes, unless expressly agreed to by MaintenanceROS in writing.

    1. Registration Obligations

      You are required to register with MaintenanceROS in order to access and use the Services. When you register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the MaintenanceROS’s registration form. Registration data and certain other information about you are governed by our Privacy Policy . If you are under 18 years of age, you are not authorized to use the Services, with or without registering.

    2. Payment

      You will be required to select a payment plan and provide MaintenanceROS information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You agree to pay MaintenanceROS the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize MaintenanceROS to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account and you further agree to pay any charges so incurred.

      1. If you elect to modify your subscription tier during the middle of a billing cycle, you agree to the following:
        • will reset your billing cycle to the date of the modification.
        • MaintenanceROS will calculate a new pro-rated amount owed based on the amount of your new subscription tier and the duration remaining of your previous billing cycle and will bill your payment instrument immediately.
      2. By using the Services, you also agree to the following:
        • shall be responsible for all taxes associated with the Services other than U.S. taxes on MaintenanceROS’s net income.
        • will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
        • you dispute any charges, you must let MaintenanceROS know within sixty (60) days after the date that MaintenanceROS charges you.
      3. We reserve the right to change our prices. If we do change prices, MaintenanceROS will provide notice of the change on the website or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the Services after the effective date of the price change constitutes your agreement to pay the changed amount.
      4. In any case where payment has not been made within thirty (30) days after payment becomes due, your access to the Services will be terminated by MaintenanceROS. If payment is made within the thirty (30) days, this payment will be applied to the previous payment owed and does not constitute a resetting of your billing cycle.

    3. Limitations of Use

      You shall not:

      1. Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any portion of the Services;
      2. Reverse engineer, decompile, disassemble, or attempt to derive the source code for the Services, software, or feature offered;
      3. Other than for your use of the Services as expressly permitted in the Agreement, access or attempt to access any systems or servers on which the Services are hosted or modify or alter the Services in any way;
      4. Forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content (as defined below) or other information transmitted to or via the Services; or
      5. Sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, timeshare outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;
      6. Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;
      7. Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services except as explicitly allowed by the robots.txt policy; or
      8. otherwise take any action in violation of our guidelines and policies, including these TOS.

    4. Username, Password, and Security

      During registration, you will have the opportunity to create a user name and password. This password can later be changed through your account settings. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify MaintenanceROS immediately if you notice any unauthorized access or use of your account or password or any other breach of security. MaintenanceROS shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of these TOS.

    5. International Use

      1. Export/Import Control: Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export/import controls. No software may be downloaded from the Services or otherwise exported/imported or re-exported in violation of U.S. export/import laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all applicable rules and laws including export and import laws, statutes and regulations, regarding your use of the Services, including as it concerns online conduct and acceptable content.
      2. Furthermore, you state and pledge that you:
        • not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; and
        • not to transfer any software, technology, or any other technical data using our Services to any export-prohibited country; and
        • not to use our the Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

  2. User Content

    Some areas of the Services allow you to post or provide content such as profile information, videos, photos, images, comments, questions, product manuals, serial numbers and other such content. Any such materials you submit, post, display, or otherwise make available on the Services is referred to as “User Content”. All content of the Services, including the software, other than User Content, is owned by MaintenanceROS.

    1. Ownership

      1. By posting User Content on or through the Services, you represent and warrant that:
        • User Content is yours (you own it) and/or you have the right to use it; and
        • the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and
        • the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content, and have the power to grant the license granted below.
      2. We claim no ownership rights over User Content created by you. The User Content you create remains yours.
      3. By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MaintenanceROS a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and MaintenanceROS’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Services a non-exclusive license to access your User Content that you have elected to make public or that you have shared through the Services, and to use, reproduce, distribute, publicly display and publicly perform such User Content as permitted through the functionality of the Services and under this Agreement.

    2. Accuracy and Completion

      1. You represent and warrant that any information, documents, photos, or other material that you provide in connection with your use of the Services is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly.
      2. You agree that if any information, documents, photos, or other material you provide is false, inaccurate, obsolete, or incomplete, or is found to be infringing on a copyright, we may terminate your use and access to the Services.
      3. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available.

    3. Limitations on User Content

      Furthermore, you agree not to make use of the Services for the purpose of:

      1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
      2. Causing harm to minors in any manner whatsoever.
      3. Impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.
      4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with.
      5. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
      6. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose.
      7. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
      8. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions.
      9. Interfering with or disrupting any MaintenanceROS Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
      10. Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
      11. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization designated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act.
      12. “Stalking” or with the intent to otherwise harass another individual.
      13. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in this paragraph or anywhere else in the Agreement.
      14. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party. In connection with your User Content, you affirm, represent and warrant the following:
      15. You have the written consent of every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
      16. You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.

    4. Additional Uses and Deletion of User Information and User Content

      1. MaintenanceROS herein reserves the right, but does not have an obligation, to
        • pre-screen, refuse and/or delete any content currently available through our Services.
        • remove and/or delete any such content that would violate these TOS or which would otherwise be considered offensive to other visitors, users and/or members.
      2. MaintenanceROS further reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
        • Compliance with any legal process.
        • Enforcement of these TOS.
        • Responding to any claim that said content is in violation of the rights of any third party.
        • Responding to requests for customer service.
        • Protecting the rights, property or the personal safety of MaintenanceROS, its visitors, users and members, including the general public.

  3. Mobile Services

    1. The Services include certain service offerings that are available via a mobile device (the “Mobile Services”), including
      1. The ability to upload content to the Services via a mobile device; and
      2. The ability to browse the Services from a mobile device; and
      3. The ability to access certain features through an application downloaded and installed on a mobile device.
    2. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

  4. Data Storage

    You acknowledge that MaintenanceROS may establish general practices and limits concerning use of the Services, including without limitation the maximum period that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that MaintenanceROS has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded through the Services. You acknowledge that MaintenanceROS reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that MaintenanceROS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  5. Third-Party Services

    The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. Additionally, third-party vendors may provide advertising services on or related to the Services, such as by serving ads to users using cookies on the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. MaintenanceROS will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these TOS, or other unauthorized access or use.

  6. Termination by Either Party

    1. Termination

      1. You may cancel your subscription to our Services at any time, but you won’t be issued a refund unless it’s legally required.
      2. In the event of termination, if you have not fully paid your subscription fees for the entire subscription period, you shall pay MaintenanceROS all Fees due for the entire subscription period.
      3. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
      4. All provisions of these TOS which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, aggregate data use, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity, and limitations of liability.

    2. User Content After Termination

      Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including User Content, associated with your Account. Termination, cancellation, or expiration of your Account will result in the loss of your User Content; we may delete or destroy all copies of your User Content in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information, including without limitation User Content as we reasonably believe is necessary to

      1. Satisfy any applicable law, regulation, legal process or governmental request.
      2. Enforce these TOS including investigation of potential violations hereof.
      3. Detect, prevent, or otherwise address fraud, security or technical issues.
      4. Respond to user support requests.
      5. Protect the rights, property or safety of us, our users, and the public.

  7. DMCA Procedure

    1. DMCA Notice

      Since we respect artist and content owner rights, it is MaintenanceROS’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

      If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

      1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
      2. Identification of the copyrighted work that you claim has been infringed.
      3. Identification of the material that is claimed to be infringing and where it is located on the Services.
      4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address.
      5. 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 law.
      6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
    2. The above information must be submitted to the following DMCA Agent:

      Attn: DMCA Notice

      MaintenanceROS

      Address: 10900 Research Blvd, Ste 160C PMB 1321, Austin, TX 78759

      Email: dmca@maintenanceros.com

    3. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
    4. Please note that this procedure is exclusively for notifying MaintenanceROS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
    5. In accordance with the DMCA and other applicable law, MaintenanceROS has adopted a policy of terminating, in appropriate circumstances, the subscription of Users who are deemed to be repeat infringers. MaintenanceROS may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  8. Disclaimers

    1. Warranty

      1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
      2. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
      3. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

    2. General

      1. MaintenanceROS does not provide professional medical, legal, or financial advice. All information on or through the Services, including, without limitation, any User Content or Third Party Content is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
      2. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to
        • User Content or failures to deliver User Content to MaintenanceROS;
        • failures in any telecommunications, network or other service or equipment outside of MaintenanceROS’s facilities; or
        • any force majeure or other cause beyond our reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate.
      3. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these TOS).

  9. Indemnification

    You are solely responsible for your conduct and your data related to the Services. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content, or otherwise from your User Content, violation of these TOS, or infringement by You, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  10. Limitation of Liability

    IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR:

    1. ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING);
    2. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR
    3. ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (I) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (II) $500.00.

  11. ARBITRATION CLAUSE & CLASS ACTION WAIVER

    IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

    1. ARBITRATION; CLASS ACTION WAIVER.

      1. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TOS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF.
      2. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
      3. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL "SMALL CLAIMS" COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT.
      4. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TOS TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
      5. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account if we are a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these TOS must be filed within one (1) year after such claim of action arose or be forever banned.

    2. Severability

      This arbitration provision will survive the termination of your relationship with us.

  12. Limitation Period for Filing Claim

    Any claim related to these TOS, the website, mobile application, or the Services must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within the one-year period, then that claim is permanently barred. This applies to you and your successors and assigns.

  13. Other Legal Details

    1. Entire Agreement and Severability

      The Agreement, including these TOS and the Privacy Policy, forms the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of the Agreement, including these TOS, is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement, including these TOS, will otherwise remain in full force and effect and enforceable.

    2. Force Majeure

      We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    3. Subcontractors

      We may use subcontractors to provide certain aspects of the Services and in some cases permit them to access User Content subject to appropriate obligations of security, confidentiality and compliance with applicable laws. We remain responsible for our subcontractors’ compliance with these TOS with respect to their services provided hereunder.

    4. Assignment

      These TOS are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

    5. Agency

      No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement, including these TOS, and neither party has any authority of any kind to bind the other in any respect.

    6. Notices

      Unless otherwise specified in these TOS, all notices under these TOS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@MaintenanceROS.com. You acknowledge and agree that we may occasionally send You communications and/or notices regarding your account or the Services via email or by posting on the Services.

    7. Communications

      By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

    8. No Waiver

      Our failure to enforce any part of the Agreement, including these TOS, shall not constitute a waiver of our right to later enforce that or any other part of the Agreement, including these TOS. Waiver of compliance in any instance does not mean that we will waive compliance in the future. For any waiver of compliance with the Agreement, including these TOS, to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

    9. Headings; Interpretation

      The section and paragraph headings in these TOS are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these TOS shall be read as being followed by "without limitation" where appropriate.

    10. Governing Law

      Any claim relating to the Services shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.

    11. Publicity

      You hereby consent to inclusion of your name and logo in client lists that may be published as part of MaintenanceROS’s marketing and promotional efforts.

Contact: legal@maintenanceros.com