INTERNET WEBSITE USER AGREEMENT
LAST UPDATED ON DECEMBER 20, 2011 These terms of this User Agreement (as hereinafter defined) apply to Your (as hereinafter defined) use of the website located at WWW.MSCARITA.COM (the “Site”). By accessing, browsing, crawling, scraping or in any way using the Site, You agree to the terms set forth in this INTERNET WEBSITE USER AGREEMENT, the MS. CARITA PRIVACY POLICY posted here, and all other guidelines or policies referenced herein (collectively, the “User Agreement”). PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.- 1.
DEFINITIONS. A “User” is someone who accesses, browses, views, crawls, scrapes or in any way uses the Site. The terms “You”, “Your” and “Yourself” refer exclusively to You, as a user of the Site. The terms “We”, “Us”, “Our”, and “MSC” refer exclusively to Ms. Carita, Inc., a California corporation.
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ELIGIBILITY. You must be at least eighteen (18) years old in order to use the Site. All other persons are prohibited from using the Site. If You use the Site on behalf of a company, entity or organization, You represent that You are an authorized representative of such company, entity or organization with the authority to bind it to this User Agreement (which authority You hereby exercise). To the extent that You do not meet the eligibility requirements as set forth herein, MSC may, at its sole discretion, elect to terminate Your account.
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CHANGES TO THE USER AGREEMENT. We may modify this User Agreement from time to time in Our sole discretion and without advance notice. When changes are made, We will notify You by making the revised version available on the Site and will indicate on the Site the date on which revisions were last made. You should revisit this User Agreement on a regular basis as revised versions will be binding on You. Any such modification will be effective upon Our posting of new User Agreement. Your continued use of the Site after any posted modification to this User Agreement indicates Your assent to the modified and/or restated User Agreement.
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USER ACCOUNTS. To use some of the features on the Site, You may be required to create an account and provide information about Yourself to Us. You are solely responsible for maintaining the confidentiality of Your account password. You are also exclusively responsible for all activities that occur in connection with Your account. You agree to notify Us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason.
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USE OF THE SITE. We grant You permission to use the Site subject to the restrictions in this User Agreement.
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USE RESTRICTIONS.
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Use the Site in violation of this User Agreement or any applicable law;
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Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site;
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Reverse engineer any portion of the Site, except as may be permitted under the law;
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Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
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Record, process or mine information about other Users;
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Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index the Site;
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Reformat or frame any portion of the Site; and/or
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Take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on MSC’s computer systems;
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COPYRIGHT DISPUTE POLICY. We have adopted the following policies and procedures with regard and copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (“DMCA”). The address of MSC’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section. It is MSC’s policy to respond to notices of alleged copyright infringement that comply with the DMCA;
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Procedure for Reporting Copyright Infringements. If You are a copyright owner or agent thereof, and believe that Your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
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Identification of the copyrighted work that You claim has been infringed;
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Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit MSC to locate such Content;
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A statement by You that You have a good faith belief that the use of the Content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
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A statement by You that You attest, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
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Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).
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Procedure to Supply a Counter-Notice to the Designated Agent. If You believe that Content has been mistakenly removed from the Site pursuant to this Copyright Dispute Policy, You may send a written counter-notice to the Designated Agent including the following:
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Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
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A statement under penalty of perjury that You have a good faith belief that the Content was removed as a result of a mistake or misidentification;
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A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located, or if Your address is located outside the United States, for any judicial district in which MSC is located, and that You will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
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Your physical or electronic signature, together with Your contact information (address, telephone number and, if available, email address).
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Address for Designated Agent. Please contact the Designated Agent at the following address:
MS CARITA, INC. 2159 RESEARCH DR. LIVERMORE, CA 94550 ATTN: DMCA ADMINISTRATOR Phone: 925-243-1720 Fax: 925-243-1721
The Designated Agent identified above should only be contacted in connection with the issues raised in this Section.
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SITE AVAILABILITY. We reserve the right to modify, update, or discontinue the Site at Our sole discretion, at any time, for any or no reason, and without notice or liability.
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UNAUTHORIZED ACCESS. We reserve the right to exercise whatever lawful means We deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
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INVESTIGATIONS. We are under no obligation to monitor the Site. However, We reserve the right to investigate possible violations of the User Agreement, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties in accordance with the Privacy Policy.
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TERMINATION. We may terminate or suspend Your account or ability to use the Site, in whole or in part, at Our sole discretion, for any or no reason, and without notice or liability of any kind. For example, We may terminate or suspend Your account or ability to use the Site if You breach this User Agreement or are suspected of involvement in illegal activity. Any such termination or suspension could prevent You from accessing Your account, the Site or any other related information. You may terminate this User Agreement at any time by closing Your account, discontinuing Your use of any and all parts of the Site. In the event of any termination of your Account, this User Agreement will continue in full force and effect.
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OWNERSHIP. We own all MSC-related Content (collectively, the “MSC Content”), including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site excluding Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the MSC Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MSC Content in whole or in part except as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the Site and the MSC Content are retained by Us.
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WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. MSC MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY AND IP RIGHTS OF ANY OF THE SITE CONTENT AND/OR (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT. MSC FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MSC OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN. MSC DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION, OR (E) LOSS OF INFORMATION OR DATA. MSC FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER(S) OR NETWORKS FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. MSC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, INJURIES OR CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO MSC IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $1.00. - 14.
INDEMNITY. You agree to defend, indemnify and hold harmless MSC, its members, managers, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of: (i) Your access to or use of the Site and (ii) Your violation of this User Agreement. MSC reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of MSC. MSC will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
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THIRD PARTIES. The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and You agree that We are not responsible for the availability or contents of such Third Party Sites. You may not distribute, sell, rent, sublicense or lease such Third Party Content, in whole or in part, to any third party; and You may not use it for any other purpose other than Your personal, non-commercial use.
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MISCELLANEOUS.
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If there is any dispute about or involving the Site or MSC, You agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in and for Alameda County, California.
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No agency, partnership, joint venture or employment is created as a result of this User Agreement, and You do not have any authority of any kind to bind Us in any respect whatsoever.
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We may provide You with notices, including those regarding changes to this User Agreement by email, regular mail or postings on the Site, in Our sole discretion.
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Except as otherwise stated nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
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This User Agreement contains the entire agreement between You and Us regarding the use of the Site, and supersedes any prior agreement between You and Us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this User Agreement.
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Any failure on Our part to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
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If any provision of this User Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect and enforceable.
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This User Agreement is not assignable, transferable or sublicensable by You, except with MSC’s prior written consent, but may be assigned or transferred by Us without restriction. Any assignment attempted to be made by You in violation of this User Agreement shall be void.
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The section titles in this User Agreement are for convenience only and have no legal or contractual effect.
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