Terms of Service

DESCRIPTION OF SOFTWARE.

Arux operates our software applications, website and associated web pages, which for the purposes of the Terms of this Agreement, will be referred to as the "Software". We offer you access to the Software, which provides you access to a collection of resources, including, but not limited to, online registration for child care programs and enrichment courses, and facilities management. We offer you access to the Software in exchange for your payment of fees, as applicable, and your agreement to accept and comply with the terms, conditions, policies and notices stated here in the Agreement and as may be modified by us from time-to-time in our sole discretion without notice to you. Use of the Software requires (i) access to the internet, (ii) requires appropriate internet browser software, (ii) and may require other associated hardware and/or software. We recommend that you use a web browser that supports SSL (Secure Sockets Layer) 128-bit encryption. Your browser should be a modern day web browser such as Chrome, Safari, Firefox, and Microsoft Edge.

SOFTWARE TERMS OF SERVICE.

This Standard Terms of Service ("Agreement") is effective as of the date in which you accepted to use Arux's Software (the "Effective Date") and is entered into by and between Arux Software, Inc. (hereafter collectively "Arux"), and you (hereafter "Customer"). Arux and Customer are referred to hereunder individually as a "Party" and collectively as the "Parties". Arux hereby authorizes Customer continued access and use of the Software, including access to all current and past Customer data. The Software and related services are offered to you conditioned upon your acceptance of use without modification of these Terms of Service. By using our Software, you agree that we may change the terms of this Agreement in our sole discretion without specific notice to you. If you do not agree to the changes proposed by us, or to any terms in this Agreement, your only remedy is to cancel your use of the Software offered under this Agreement. Customer acknowledges that the Software contains proprietary and copyright protected material and, in its human-perceivable form, contains trade secrets and other intellectual property rights exclusively owned by Arux. Arux shall retain all rights, title, and interest in and to the Software, including all derivative works, patents, copyrights, trade secrets, and other intellectual property rights related thereto.

The Software may not be used for any illegal or immoral purpose. The Software may not be distributed or tampered with, modified, reverse engineered or customized by or for Customer. The Software may not be used for purposes other than as set out in the Software documents. Violation of this section by Customer will result in immediate termination of this Agreement and a possible claim for damages.

Customer owns all user-generated content produced by Customer or its end users within the Software ("Customer Content"). Customer grants Arux the right to access, display, process and use Customer Content to perform its obligations under this Agreement. Arux agrees to not sell, distribute or disseminate Customer Content. Customer remains solely responsible for the accuracy, integrity, and appropriateness of Customer Content.

ARUX PROVIDES THE SOFTWARE "AS IS WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARUX DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SOFTWARE AND OTHER MATERIALS SUPPLIED PURSUANT TO THIS AGREEMENT FULFILL ANY OF CUSTOMER'S PARTICULAR PURPOSES OR NEEDS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL ARUX OR ITS RESPECTIVE AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, BREACH OF CUSTOMER CONTENT OR OTHER DATA, LOST CONFIDENTIAL OR OTHER INFORMATION, OR FOR BUSINESS INTERRUPTION, FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE ACCESS AND USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE USE, MISUSE OR INABILITY TO ACCESS AND USE THE SOFTWARE. Arux's total liability for an uncured breach of this Agreement shall in no event exceed the software fees paid by Customer under this Agreement for the six (6) month period prior to the breach of this Agreement by Arux. Interruption of access to the Software due to routine or scheduled maintenance shall not be a breach of this Agreement.