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Terms of Use

Last Updated: April 01, 2019

Terms of Use
Last Updated: 04/01/2019

Terms of Use

The following are terms of a legal agreement between you and Mass Markets regarding your access and use of this website (the “Site”). By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this website.

Mass Markets may at any time, without notice to you, revise these Terms of Use and any other information contained in this website by updating this posting. Mass Markets may also make improvements or changes in the products, services, or programs described in this Site at any time without notice.

General

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Mass Markets’ prior written consent, except that Mass Markets grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Mass Markets does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another website or in any other media.

Certain Disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Mass Markets assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. 

Mass Markets provides no assurances that any reported problems will be resolved by Mass Markets, even if Mass Markets elects to provide information with the goal of addressing a problem.

Forward-Looking and Cautionary Statements

Except for historical information and discussions, statements set forth throughout this website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the US Securities and Exchange Commission, under the caption “Risk Factors” and elsewhere in such reports.

Confidential Information

Mass Markets does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Mass Markets will be deemed NOT to be confidential or proprietary to you or any third party. By sending Mass Markets any information or material, you grant Mass Markets an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such material or information. You also agree that Mass Markets is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Mass Markets for the purpose of receiving products or services will be handled in accordance with our privacy policy.

Global Availability

Information Mass Markets publishes on the World Wide Web may contain references or cross references to Mass Markets products, programs, and services that are not announced or available in your country. Such references do not imply that Mass Markets intends to announce or make available such products, programs, or services in your country. Please consult your local Mass Markets business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This website may provide links or references to non-Mass Markets websites and resources. Mass Markets makes no representations, warranties, or other commitments whatsoever about any non-Mass Markets websites or third-party resources that may be referenced, accessible from, or linked to any Mass Markets site. A link to a non-Mass Markets website does not mean that Mass Markets endorses the content or use of such website or its owner. In addition, Mass Markets is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Mass Markets site. Accordingly, you acknowledge and agree that Mass Markets is not responsible for the availability or quality of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Mass Markets website, even one that may contain the Mass Markets logo, please understand that it is independent from Mass Markets, and that Mass Markets does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this website must have prior approval in writing by Mass Markets. With such prior written approval, Mass Markets may consent to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this Site; (b) misrepresent your relationship with Mass Markets; (c) imply that Mass Markets approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Mass Markets or otherwise damage Mass Markets’ reputation or the goodwill associated with the Mass Markets name or trademarks. As a further condition to being permitted to link to this Site, you agree that Mass Markets may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Mass Markets trademark or trade name.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. MASS MARKETS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, MASS MARKETS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING WITHOUT LIMITATION LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL MASS MARKETS BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MASS MARKETS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional Terms

These Terms of Use do not create any third-party beneficiary rights.

If you do not comply with these Terms of Use, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, US, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use will be litigated exclusively in the federal or state courts located in San Francisco, California, US, and you and Mass Markets consent to personal jurisdiction in those courts.

For information about how to contact Mass Markets, please visit our Contact page.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

COPYRIGHT & Trademark

Copyright & Trademark

© Copyright 2003-2019 Mass Markets. All rights reserved.
Mass Markets’ website pages may contain other proprietary notices and copyright information which should be observed.

Trademarks Owned by Mass Markets

Mass Markets and the Mass Markets logo are registered trademarks in the United States. Please note that laws concerning use and marking of trademarks or product or service names vary by country. Always consult a local attorney for additional guidance.

Some common law marks used by Mass Markets may not be listed on this page. Failure of a mark to appear on this page does not mean that Mass Markets does not use the mark nor does it mean that the product or service is not actively marketed or is not significant within its relevant market.