Terms of Use 

These Terms of Use (“Terms”) govern your use of the MNS Events Staffing and Management website (the “Website”) and the associated form-building platform (the “Platform”). By accessing the Website or using the Platform, you agree to be bound by these Terms. Please read them carefully. 

1. User Agreement: 

• These Terms apply to all users of the Platform and visitors to the Website. 

• The terms “You” and “you” refer to individuals acting on their own behalf or on behalf of a company or other entity. 

• By using the Platform or visiting the Website, you affirm that you have read, understood, and accepted these Terms. You also confirm that you are of legal age to enter into such agreements. If you do not agree to these Terms, please refrain from using the Platform. 

1. Ownership and Definitions: 

• The terms “we,” “us,” and “our” refer to MNS Events Staffing and Management. 

• The “Platform” encompasses the form-building tools and services provided by MNS Events Staffing and Management. 

• The “Website” refers to the online presence accessible at www.——. 

1. Enterprise Users: 

• If you are an enterprise user or obtained a subscription or usage rights from a third party authorized by MNS Events Staffing and Management, these Terms may not apply to you. Please refer to any separate agreements or terms specific to enterprise users. 

 

2. Use Restrictions

You accept and assume sole responsibility for your use of the Platform. 

You may not share your log-in info/credentials or otherwise allow anyone else to use them to access the Platform. 

You agree that you will always comply with all applicable laws in connection with your use of the Platform. This means not violating any applicable law, legal right or protection, including but not limited to third parties’ privacy rights and intellectual property rights. 

The Platform may NOT be used for, or in connection with any of the following, any or all of which may result in your account being temporarily suspended or permanently terminated, at our sole discretion: 

• Email solicitation, Mass Emailing, Spamming, Phishing, and the like 

• Violating anyone’s privacy rights 

• Financial/monetary fraud or schemes 

• Computer fraud or other computer crimes 

• Defamation, discrimination, or harassment 

• Funding, encouraging, or facilitating any criminal or other illegal activities 

• Promoting, encouraging, or requesting any form of violence or harm to anyone 

• Collecting any of the following: credit card information, highly-sensitive information such as log-in credentials for other sites or platforms 

• Forms that include fields for the submitter to provide the personal information of any third party where the submitter does not have the permission of the third party to provide such information 

• Promoting products or services on social media platforms or other websites where such actions violate the terms of use or community guidelines of such platforms or websites  

• Including a third party’s copyrighted or trademarked content or trade secrets in your form(s) without that party’s permission 

• Encouraging violence, bullying, or harm to others 

• Gathering, collecting, or asking for or suggesting that form submitters provide pornographic or sexually explicit content, or promoting or encouraging prostitution or other activities involving the exchange of sexual services as part of any transaction 

• Any other activity prohibited under these Terms or under applicable law 

You agree that we have the absolute and unconditional right to remove any form that we in our sole discretion believe is being used or may be used in connection with any of the above prohibited purposes or activities, whether such use is by you or others such as form submitters who may use your forms. In cases where we remove a form, we may at our sole discretion also disable your access to any past or future submissions to such forms. 

You and your agents hereby forever release Jotform from any and all responsibility for any and all wrongs and violations of our terms or of the law committed by you relating to your use of the Platform. 

You agree not to reproduce, duplicate, reverse engineer, copy, sell, resell, or exploit for any commercial purposes the Platform or any portion thereof or the offer or sell the right to use the Platform. 

3. Forms and Submissions

You accept and have sole responsibility for the forms, tables, submission pages, and other content that you create or that is generated as you use the Platform. When you make such content “public”, or set your account settings to allow the content to become public, or you don’t change a default setting that would allow a form, a table or other content that is generated as you use the Platform to be made public, you acknowledge and agree that the content will in fact be available to the public on our websites. By allowing such content to become public, you grant ———- a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content on our websites. Of course, you may choose to apply settings to your account to make or keep forms private.  

You agree that you will not assert any copyright claim or other intellectual property claims or rights in forms you build or create using the Platform against ——–, and that you waive any such legal claims against ——- relating to such forms. This includes whole forms and parts of such forms. You acknowledge and agree that —– may display your forms on our websites and platforms, and that we may use your forms for the purposes of improving the form builder, for learning about how you and other people use, build, and create and submit forms, for teaching our staff, systems, and products about such matters, and for other purposes. 

4. Account Creation & Security

You must provide a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current —– plan allows. The sharing of your ——-Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and for ensuring that each User associated with your —— Account complies with these Terms. You may not access the —— Platform through automated methods, such as using bots or computer code to call or ping the Platform or our website. If you require a multi-user plan, please contact ———- for assistance. 

5. Payments, Renewals, etc

A. Payments. We charge sales taxes on subscriptions where we are required to do so under applicable law. No other taxes will be charged. You are responsible for payment of any and all taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties, that may be imposed on you by any governing authority in any jurisdiction in connection with your subscription. 

—— offers payments through third-party payment processors. By making payments to us for —– services, you indicate that you have reviewed these Terms and the privacy policy of the payment processor that processes your payment to us. 

If you use a credit card to pay for your —– subscription, you represent and warrant that the credit card information you provide is correct and that you will promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, ——may suspend or cancel your —— subscription. 

B. Automatic Renewal. For subscriptions, you will be billed in advance on a recurring, periodic basis. Your —– subscription will automatically renew at the end of each billing cycle until you cancel your subscription or you downgrade to a free/Starter plan – see this page and the Billing section in your Account Settings. You may also send us a request to downgrade to the Starter plan here. Turning off auto-renew prevents your payment method from being charged at your next billing date, or if you pay by invoice, prevents your next invoice from being issued. 

6. Use of Data

You accept and agree that you have sole responsibility for the information, data, and content (collectively “Data”) you receive or collect from or in the forms that you create or use in connection with the Platform, and for what you do with that Data. You agree that ——- is not responsible for and does not own any of that Data. 

You hereby authorize us to access, use and display Data for the purpose of and to the extent necessary to provide the Platform to you, customer support to you, to protect the Data, to protect our online and computer resources from unlawful cyberattacks, and to fulfill our legal obligations.  

See our privacy policy for more info on how we gather, use, and disclose personal and private information to which we are given access in connection with our provision and operation of the Platform – including your personal information. We will not modify Data or your personal info, or sell or rent it to any other party. 

If you collect personal data in or from the EU or EU residents, you must use the EU Safe Forms feature of —— Platform. 

 

7. No Warranties 

THE SERVICES ARE PROVIDED AS-IS. ——- DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

—— is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account, and for Data you collect from form submissions, whether or not you personally posted, gathered, or received the Data. 

makes no warranties, representations, or assurances as to the actual qualifications of, or as to the work or advice of, any individual who has obtained a certificate from —— Academy. If you choose to utilize or rely on any such person or entity with which they work to help you with the use of the ——–, you do so at your own risk. 

8 Indemnification 

You agree that you will defend —— against claims, including but not limited to lawsuits, brought by third parties against —— arising out of your forms or your use of the Platform or your use, collection, or disclosure of Data; this includes but is not limited to claims that arise from your violation of these Terms or of the law or of another person or entity’s legal rights or of intellectual property rights such as copyright, trademark, or patent rights. You also agree to indemnify —–against damages and costs (including reasonable attorneys’ fees and court costs) awarded  by a court or other tribunal in favor of the claimant or in settlement of the claim. We will defend and indemnify you against third party lawsuits arising out of —— violation of applicable law, and we reserve the right to settle such claims out of court, at our expense, without your approval.  

9. 9. Limitation of Liability  

EXCEPT AS IMPERMISSIBLE UNDER LAW, IN NO EVENT SHALL JOTFORM’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM AROSE. 

JOTFORM ACCEPTS NO LIABILITY FOR THE ACTIONS OF ANY THIRD PARTY YOU ENGAGE OR WORK WITH TO ASSIST OR HELP YOU WITH YOUR USE OF OUR PLATFORM OR FORMS. 

“JOTFORM” AS USED IN THIS SECTION 10 REFERS TO JOTFORM AND ALL OF ITS RELATED AND AFFILIATED JOTFORM COMPANIES. 

10. 10. Limitation on Types of Damages

EXCEPT IF AND TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY OR ALL OF THE FOLLOWING TYPES OF DAMAGES, WHETHER ARISING AT COMMON LAW OR BY STATUTE: DAMAGES FOR LOST PROFITS, LOST TIME, LOST BUSINESS, OR LOST REVENUES, REIMBURSEMENT OF MONIES PAID BY YOU TO THIRD PARTIES TO HELP YOU USE OR LEARN TO USE THE PLATFORM OR TO DEAL WITH REAL OR PERCEIVED ISSUES WITH THE PLATFORM, FOR ANY FORM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY DAMAGES ARISING FROM OUR DISPLAY OR USE OF FORMS IN WHOLE OR PART THAT YOU HAVE CREATED USING OUR THE PLATFORM, AS DESCRIBED IN SECTION 10 OF THESE TERMS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR OUR OPERATION OF THE PLATFORM, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. 

THE LIMITATIONS SET FORTH IN THIS SECTION 11 SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH CLAIMS ARE BROUGHT.