Terms of Use
Date of Last Revision: July 1, 2015
The Master Connection Associates service and network (collectively, "Master Connection
Associates" or "the Service") are operated by Master Connection Associates, Inc.
and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing
or using our web site at www.MasterConnection.com or coaching.masterconnection.com
(together the "Site"), you (the "User") signify that you have read, understand and
agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether
or not you are a registered member of Master Connection Associates. We reserve the
right, at our sole discretion, to change, modify, add, or delete portions of these
Terms of Use at any time without further notice. If we do this, we will post the
changes to these Terms of Use on this page and will indicate at the top of this
page the date these terms were last revised. Your continued use of the Service or
the Site after any such changes constitutes your acceptance of the new Terms of
Use. If you do not agree to abide by these or any future Terms of Use, do not use
or access (or continue to use or access) the Service or the Site. It is your responsibility
to regularly check the Site to determine if there have been changes to these Terms
of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
This Site is intended solely for users authorized by the Company. Any registration
by, use of or access to the Site by anyone not authorized by the Company is unauthorized,
unlicensed and in violation of these Terms of Use. By using the Service or the Site,
you represent and warrant that you are authorized by the Company, and that you agree
to and to abide by all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any forms on the Site ("Registration
Data"); (b) maintain the security of your password and identification; (c) maintain
and promptly update the Registration Data, and any other information you provide
to Company, to keep it accurate, current and complete; and (d) be fully responsible
for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text,
graphics, pictures, video, information, applications, software, music, sound and
other files, and their selection and arrangement (the "Site Content"), are the proprietary
property of the Company, its users or its licensors with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without the Company's prior written permission, except
that the foregoing does not apply to your own User Content (as defined below) that
you legally post on the Site. Provided that you are eligible for use of the Site,
you are granted a limited license to access and use the Site and the Site Content
and to download or print a copy of any portion of the Site Content to which you
have properly gained access solely for your personal, non-commercial use, provided
that you keep all copyright or other proprietary notices intact. Except for your
own User Content, you may not upload or republish Site Content on any Internet,
Intranet or Extranet site or incorporate the information in any other database or
compilation, and any other use of the Site Content is strictly prohibited. Such
license is subject to these Terms of Use and does not permit use of any data mining,
robots, scraping or similar data gathering or extraction methods. Any use of the
Site or the Site Content other than as specifically authorized herein, without the
prior written permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed
as conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time without notice and
with or without cause.
Trademarks
Master Connection Associates, THE Master Connection Associates, MCA and other Company
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, trademarks or trade dress of Company in the U.S. and/or
other countries. Company's trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product
or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
the Company.
User Conduct
You understand that except for advertising programs offered by us on the Site, the
Service and the Site are available for your personal, non-commercial use only. You
represent, warrant and agree that no materials of any kind submitted through your
account or otherwise posted, transmitted, or shared by you on or through the Service
will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or contain
libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
harvest or collect email addresses or other contact information of other users from
the Service or the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the
Service or the Site;
upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
register for more than one User account, register for a User account on behalf of
an individual other than yourself, or register for a User account on behalf of any
group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
intimidate or harass another;
upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site. upload,
post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other person
from using or enjoying the Site, or which may expose Company or its users to any
harm or liability of any type. User Content Posted on the Site
You are solely responsible for the profiles (including your name, image, and likeness),
messages, notes, text, information, listings, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service or the Site,
or transmit to or share with other users (collectively the "User Content"). You
may not post, transmit, or share User Content on the Site or Service that you did
not create or that you do not have permission to post. You understand and agree
that the Company may, but is not obligated to, review the Site and may delete or
remove (without notice) any Site Content or User Content in its sole discretion,
for any reason or no reason, including User Content that in the sole judgment of
the Company violates this Agreement or the Master Connection Associates Code of
Conduct, or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are solely responsible at your
sole cost and expense for creating backup copies and replacing any User Content
you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such
copies thereof as we deem necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content to any part of the Site,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or
in connection with the Site or the promotion thereof, to prepare derivative works
of, or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license granted above will
automatically expire, however you acknowledge that the Company may retain archived
copies of your User Content. Master Connection Associates does not assert any ownership
over your User Content; rather, as between us and you, subject to the rights granted
to us in these Terms, you retain full ownership of all of your User Content and
any intellectual property rights or other proprietary rights associated with your
User Content.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, Company has adopted a policy of terminating, in appropriate circumstances and
at Company's sole discretion, members who are deemed to be repeat infringers. Company
may also at its sole discretion limit access to the Site and/or terminate the memberships
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to
other web sites ("Third Party Sites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software and
other content or items belonging to or originating from third parties (the "Third
Party Applications, Software or Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or permitting the use or installation
of any Third Party Site or any Third Party Applications, Software or Content does
not imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our
terms and policies no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any site to which you
navigate from the Site or relating to any applications you use or install from the
site.
In addition to these Terms of Use, Master Connection Associates Pages are subject
to and governed by certain Additional Terms Applicable to Master Connection Associates
Pages. The Additional Terms Applicable to Master Connection Associates Pages control
in the event of any conflict between them and the Terms of Use.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable
to your purchase of products or services from Company. By ordering products or services
from Company through the Site, you agree to be bound by and accept the Terms of
Sale. The Terms of Sale are subject to change without prior notice at any time,
in Company's sole discretion so you should review the Terms of Sale each time you
make a purchase.
User Disputes
You are solely responsible for your interactions with other Master Connection Associates
users. We reserve the right, but have no obligation, to monitor disputes between
you and other users.
Privacy
We care about the privacy of our users. Click here to view the Master Connection
Associates's Privacy Policy. By using the Site or the Service, you are consenting
to have your personal data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third
Party Applications, Software or Content posted on the Site or in connection with
the Service, whether posted or caused by users of the Site, by Master Connection
Associates, by third parties or by any of the equipment or programming associated
with or utilized in the Site or the Service. Although we provide rules for user
conduct and postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content you may encounter on the Site
or in connection with any User Content or Third Party Applications, Software or
Content. The Company is not responsible for the conduct, whether online or offline,
of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service, including
any Mobile Client software. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content or personal
injury or death, resulting from anyone's use of the Site or the Service, any User
Content or Third Party Applications, Software or Content posted on or through the
Site or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED
"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR
ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS,
OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE,
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT
OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR
THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT
MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform. Reference to
any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR
USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE
COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000.
YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL
NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or
information that you have posted on the Site and/or prohibit you from using or accessing
the Service or the Site or any Platform Application (or any portion, aspect or feature
of the Service or the Site or any Platform Application) for any reason, or no reason,
at any time in its sole discretion, with or without notice, including if it believes
that you are under 13, or under 18 and not in high school or college. When we are
notified that a user has died, we will generally, but are not obligated to, keep
the user's account active under a special memorialized status for a period of time
determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the
State of California, without regard to principles of conflict of laws, will govern
these Terms of Use and any dispute of any sort that might arise between you and
the Company or any of our affiliates. With respect to any disputes or claims not
subject to arbitration (as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the state and federal courts of
California, and you hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, venue and jurisdiction in
the state and federal courts of California.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC
SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE
AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY
WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING
YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING
ARBITRATION, except that: (a) to the extent that either of us has in any manner
infringed upon or violated or threatened to infringe upon or violate the other party's
patent, copyright, trademark or trade secret rights, or you have otherwise violated
any of the user conduct rules set forth above or in the Code of Conduct then the
parties acknowledge that arbitration is not an adequate remedy at law and that injunctive
or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration
Association (the "AAA") under its Commercial Arbitration Rules and, in the case
of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes
( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the
arbitration and the allocation of costs and fees for such arbitration shall be determined
in accordance with such AAA Rules and shall be subject to the limitations provided
for in the AAA Consumer Rules (for consumer disputes). If such costs are determined
to be excessive in a consumer dispute, the Company will be responsible for paying
all arbitration fees and arbitrator compensation in excess of what is deemed reasonable.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER
THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING
ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the Service (including
your visit to or use of the Site and/or the Service) be instituted more than three
(3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post
or share on or through the Site, your use of the Service or the Site, your conduct
in connection with the Service or the Site or with other users of the Service or
the Site, or any violation of this Agreement or of any law or the rights of any
third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided by
you to Company are non-confidential and shall become the sole property of Company.
Company shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term "without limitation" immediately
thereafter. Terms used in these Terms with the initial letter(s) capitalized will
have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding
the use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect. If any provision of these Terms of Use
shall be deemed unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions.