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MosaicDeal.Com
| Terms & Conditions |
| Welcome
to our Web site. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site.
The term Mosaicdeal or us or we or our refers to MOSAICDAEL.com., the
owner of the Web site. The term you refers to the user or viewer of our
Web Site. |
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| 1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site Mosaicdeal.com. This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by
or through the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific notice
to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site. |
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2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site, except
as allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through
the Site. The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials. Some of the content
on the site is the copyrighted work of third parties. |
3. Service Marks.
MOSAICDEAL.com and others are our service marks or registered service marks
or trademarks. Other product and company names mentioned on the Site may
be trademarks of their respective owners. |
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright
and other policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances. |
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5. Restrictions and Prohibitions
on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as Content and Materials) therein are
subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section
4 above), republish, display, distribute, transmit, sell, rent, lease, loan
or otherwise make available in any form or by any means all or any portion
of the Site or any Content and Materials retrieved therefrom; (b) use the
Site or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database, information
base, or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site
in any manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other
technology now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i) use the Site
for the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Site in a manner
that violates any state or federal law regulating email, facsimile transmissions
or telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site, in violation
of the export control laws or regulations of the United States. |
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6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample
and actual forms, checklists, business documents and legal documents (collectively,
Documents). All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes, without
any right to re-license, sublicense, distribute, assign or transfer such
license. Documents are provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal effect,
completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS
ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE AND
ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to
ensure the desired result. You should consult with legal counsel to determine
the appropriate legal or business documents necessary for your particular
transactions, as the Documents are only samples and may not be applicable
to a particular situation. Some Documents are public domain forms or available
from public records. |
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7. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made available through the Site is not intended
to and does not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is formed. We
do not warrant or guarantee the accurateness, completeness, adequacy or
currency of the information contained in or linked to the Site. Your use
of information on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a lawyer referral
service. |
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8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the
Site immediately upon request by us. |
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9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the advertisers
or sponsors materials. |
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10. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real
name and accurate information. Each registration is for your personal use
only and not on behalf of any other person or entity. We do not permit (a)
any other person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use. |
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11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site. |
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12. Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or
any other form of content on the Site. You understand that the information
and opinions in the third party content represent solely the thoughts of
the author and is neither endorsed by nor does it necessarily reflect our
belief. |
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13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your profile,
email addresses, usage history, posted materials, IP addresses and traffic
information. |
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14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site. |
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15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not transferable
or assignable. |
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16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
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17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a) any
errors in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained on the Site,
or (e) any delay or failure in performance beyond the control of a Covered
Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. |
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18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated by you to us (collectively,
a "Submission") will forever be our property. We will not be required to
treat any Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that may appear
in our future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to the
Submission of every kind and nature everywhere. We will be entitled to use
the Submission for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge that
you are responsible for whatever material you submit, and you, not us, have
full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright. |
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19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that
use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE. |
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We
are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other. |
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21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link. |
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22. Payments.
You represent and warrant that if you are purchasing something from us or
from Merchants that (i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any applicable taxes. |
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23. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans," "intends," "will"
and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related filings or
documents. |
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24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk. |
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25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information: a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; b. A description
of the copyrighted work that you claim has been infringed; c. A description
of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address; e. A statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and f. A statement by you,
made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached by directing an e-mail
to the Copyright Agent at info@mosaicdeal.com. |
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26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us. |
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27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Site
and the Content and Materials provided therein. |
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28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us,
we will refund you your purchase price within 30 days of you notifying us
in writing of your desire for the refund, together with the reason for the
request, with the product or service returned to us in substantially the
same condition as when purchased. Please note , however, that certain products
and services mentioned on our site are sold by third parties or are linked
to third party Web sites, and we have no responsibility or liability for
those products or services. You may request a refund by contacting us by
email at info@mosaicdeal.com. You may obtain any additional information concerning
our refund and return policy, including our mailing address, by contacting
us at info@mosaicdeal.com. |
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29. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in San Francisco, California, and shall be governed by and construed
in accordance with the laws of the State of California (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or services related
thereto) must be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be subject to the
limitations set forth in Section 16 and Section 17. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for
or against any party. This Agreement and all incorporated agreements and
your information may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or merger. Should
any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights under this Agreement shall
survive any termination of this Agreement. |
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30. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken by us to
collect or recover damages for, or obtain any injunction relating to, Site
operations, intellectual property, and our services, shall be settled solely
by binding arbitration in accordance with the commercial arbitration rules
of JAMS. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in San
Francisco, California, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or us may seek any
interim or preliminary relief from a court of competent jurisdiction in
San Francisco, California necessary to protect the rights or property of
you and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS. |
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