Website Visitor's Agreement
Effective September 1, 2016
Welcome to Mast!
1. Coverage of this Agreement. These terms govern your access to and use of the Mast Mobile Website. By accessing or using our Website, you agree to these terms (Agreement) as modified from time to time. If you do not agree to accept and comply with this Agreement, do not use our Website. Use of the Mast Mobile application and service is governed by the Terms of Service, which includes this Website Visitor's Agreement.
2. Links to Third-Party Sites. The Website may contain links to other websites over which we have no control. We make no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. We do not sponsor or endorse the operators of the sites or the content, products or services they provide. We are not responsible or liable for the conduct of the sites' operators, or their content, availability, accuracy, quality, products and services. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database or website.
3. Unsolicited Submission of Ideas. We welcome questions or feedback about your use of our Website and our services and products, but we do not accept, invite or consider unsolicited submissions of ideas, or proposals (Ideas), including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions or marketing plans. This policy is intended to avoid disputes in the event that our products or marketing strategies seem similar to ideas submitted to us. Unless we otherwise explicitly state in writing, all ideas and intellectual property included in any unsolicited submission of Ideas will be treated as non-confidential and the sole property of Mast, without any compensation to you. We will have no obligations to you with respect to such Ideas and have the right to destroy submissions of Ideas.
4. Registered Users. You agree that the information you provide to Mast is accurate and that you are 13 years of age or older.
5. Illegal or Harmful Use. You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access or store on our Website.
6. Website Security and Integrity. You may not violate the security of our Website. We may investigate any violation of our Website, and violations may result in criminal or civil liability. We may cooperate with law enforcement where criminal or unauthorized activity. By using the Website, you agree to cooperate in any such investigation. We may take any action we deem necessary to (1) protect the Website, our rights or the rights of our customers or third parties; or (2) improve the Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
7. Enforcement of this Agreement. We have the right to strictly enforce this Agreement through active investigation, litigation and prosecution.
We reserve the right to act immediately to monitor, restrict, suspend, or terminate your use of the Website, if we determine that your conduct may: (1) expose us to sanctions, prosecution, civil action or other liability; (2) harm or interfere with the integrity or normal operations of the Website; (3) interfere with another customer's use; (4) violate any applicable law; or (5) present a risk of harm to us or our customers.
You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including: (1) responding to emergencies; (2) complying with the law; (3) protecting our rights or property and those of our customers; or (4) protecting users of our services from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THIS AGREEMENT BY A THIRD PARTY ON BEHALF OF A COMPANY OR USER ARE CONSIDERED BREACHES OF THIS AGREEMENT.
8. Intellectual Property Rights. Mast owns all title and intellectual property rights (including copyrights, patents, trademarks and trade secrets) in and to the Website. All title and intellectual property rights in and to the information and content from third-party sites are the property of the respective content owner.
9. Disclaimer of Warranties and Liability. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH OUR WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH OUR WEBSITE IS PROVIDED "AS IS". MAST MOBILE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. MAST MOBILE DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL MAST MOBILE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—INCLUDING COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF MAST MOBILE ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY MAST MOBILE WEBSITE WILL NOT EXCEED $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MAST MOBILE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY STATE LAW.
10. Governing Law. This Agreement is governed by and must be construed under the laws of the State of New York. The federal and state courts of New York County, New York have exclusive jurisdiction over any suit that relates to this Agreement.
11. Indemnification. You agree to indemnify, defend, and hold harmless Mast from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.
12. Modification of this Agreement. We may modify this Agreement at any time effective upon its posting on this Website.
14. Miscellaneous. Any failure to insist upon or enforce performance of any provision in this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Agreement. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
15. Comments. Please send your questions or comments about our site to firstname.lastname@example.org.