Total Cash Clarity Beta Participation Agreement

Total Cash Clarity Beta Participation Agreement

Beta Participation Agreement

Important: Please read this Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Private Beta Test Program for the Total Cash Clarity application.

TERMS AND CONDITIONS

1. Participant Feedback
You agree to provide reasonable feedback to Centennial Revenue Management (CRM), about your experiences using Total Cash Clarity, and information about connectivity and usability of the Beta Test Materials. All of your feedback shall be the property of CRM and may be used by CRM for any purpose it sees fit.

2. Beta Test Materials
CRM shall provide you with all the login information (“Beta Test Materials”) required for participation in the Beta Test Program. You may be obligated to return some or all of the Beta Test Materials provided to you, if so, CRM will supply you with the necessary instructions.

3. Ownership of Beta Test Materials
You understand that CRM or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall return the Beta Test Materials in your possession, custody and control at the end of the Beta Test period.

4. Confidential Nature of Beta Test Materials
You acknowledge and agree that

  1. the Beta Test Materials are the confidential information of CRM;
  2. the Beta Test Materials are pre-release materials and not intended for public release;
  3. disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of CRM, will cause significant and irreparable harm to CRM, the extent of which may be difficult to ascertain. Accordingly, you agree CRM shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.

5. Participant’s Warrants and Representations
You warrant and represent that you:

  1. own your computer and do not share it with anyone else;
  2. will continue to have access to the Internet through an Internet service provider (“ISP”) for the duration of the test;
  3. will not post any comments or other communications which may be offensive or threatening;
  4. acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Beta Test Program or use of any of the Beta Test Materials;
  5. agree that CRM may remove any content created by you for any reason;
  6. will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of CRM;
  7. will only use the Beta Test Materials in your home or office and you will not give any public exhibitions or displays using the Beta Test Materials;
  8. agree that if you allow anyone else to use the Beta Test Materials in your home or office you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account;
  9. will immediately notify CRM if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.
  10. will use the content and tools made available to you through the Private Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta Test Program;
  11. will not misappropriate any of the intellectual property of CRM or any other party as such misappropriation may result in legal prosecution;

6. NO WARRANTY
SERVICES ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, CRM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CRM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO HOST WEBSITES PROVIDED UNDER THE PRIVATE BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF CRM. YOU AGREE THAT CRM HAS NO LIABILITY FOR SUCH DISCONTINUANCE.

7. LIMITATION OF LIABILITY AND REMEDIES
You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of CRM and any of its affiliates under any provision of this Participation Agreement and your exclusive remedy for all of the foregoing shall be limited to One Hundred dollars ($100 U.S.). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event shall CRM or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.

8. Term/Termination
This Participation Agreement will be effective from the time you click the “accept” button until terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing CRM written notification of your termination by sending an email to drobinson@centennialrevenuemanagement.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. CRM also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.

9. Governing Law
You agree that the laws of the State of Colorado shall govern the terms of this Participation Agreement and your participation in the Beta Test Program.

10. Acceptance
If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By submitting an application for a Beta at Centennial Revenue Management you are once again representing that:

  1. you wish to participate in the Beta Test Program;
  2. you have read this entire Participation Agreement;
  3. you specifically agree to be bound by all of the above listed terms and conditions.

Should you have any questions concerning this Participation Agreement please contact Centennial Revenue Management at:

DRobinson@CentennialRevenueManagement.com
303-835-7992

SIGNATURE

For purposes of creating a binding contract by this agreement or in determining the rights and obligations under such contract in any court of law, the parties acknowledge that a signature reproduced by either digital signature, electronic signature, facsimile or photocopy shall have the same force and effect as an original signature and that the original and any such copies shall be deemed one and the same document. In the event this contract is submitted electronically, this contract is provided under the Uniform Electronic Transactions Act – Col. Rev. Stat. §§ 24-71.3-101 et seq. By submitting this contract, you are confirming your agreement to submit this contract electronically, and your indication of agreement, along with information provided, will have the same force and affect as if this contract was submitted manually and your manual signature was provided. You should retain a copy of this contract for your records. (A copy of the completed contract will be emailed to you at the email provided above shortly after submission.)

This contract must be signed by an Executive Officer of the firm.

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