Terms of Use
Acceptance of Terms
This website, located at www.shopmashburn.com (“Website”), is owned and operated by Mashburn, LLC ("Mashburn", “us” or “we”). Mashburn is a full-service men’s and women’s store that operates this Website that allows its users to order men’s and women's clothing and accessories (“Products”) and signup to receive information periodically from Mashburn.
This Website and all content and other materials, including but not limited to, text, pictures, graphics, logos, button items, images, designs, “look and feel”, information, data, software and works of authorship, (collectively with all information and material about Products, "Content") are owned by us, are our proprietary property, or, as applicable, our licensors or service providers and are protected by copyright, trademark, trade dress, unfair competition, and/or patent laws in the United States and other jurisdictions. This Website is intended for use only by users who are at least 18 years of age.
Your access to and use of this Website and purchase of any of our Products are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ANY OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION, CONTENT, PRODUCTS CONTAINED ON THIS WEBSITE. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. We reserve the right to change, modify, supplement or update this Website and these Terms of Use from time to time without advance notice by posting here. You will be bound by any such changes, modifications, supplements or updates to the Terms of Use if you continue to use this Website after such changes, modifications, supplements or updates are posted. Unless otherwise indicated, any new Content or Products added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.
If you have any questions about these Terms of Use, please contact us at 1170 Howell Mill Road, Atlanta, Georgia, 30318 or by phone at 1-855-MASHBURN or by email at service@sidmashburn.com.
Use of Our Website
Subject to your compliance with these Terms of Use and all applicable international, federal, state and local laws, rules and regulations, Mashburn hereby grants you a limited, revocable, nonexclusive, non-sublicensable, non-transferrable license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mashburn. This license does not include (i) any resale or commercial use of this Website or the Content; (ii) any collection and use of any pages; (iii) any derivative use of this Website or the Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Mashburn. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mashburn without Mashburn's express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of Mashburn's name(s) or service marks without the express written consent of their owners. We (or the respective third-party owners of Content) retain all right, title, and interest in this Website and any Content, features and Products offered on this Website, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Mashburn.
Purchase of Products
If you purchase Mashburn Products that we offer on our Website for a fee, you agree to allow Mashburn, or our payment affiliates or service providers, to process and/or store your payment card information. You also agree to pay the applicable fees for the Products as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are subject to Mashburn's refund policy which can be provided to you at your request to service@sidmashburn.com. Please note that some Mashburn Products may not be available in all jurisdictions.
We have made every effort to display as accurately as possible the colors and images of our Products that appear on our Website, however, the actual color that you see will depend on your computer monitor and may not be accurate. We reserve the right to limit the sales of our Products to any person and may exercise this right on a case-by-case basis at our sole discretion. We reserve the right to limit the quantities of any Products that we offer or sell through our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders placed by or under the same customer account, the same credit card, or orders that use the same billing and shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Prices and descriptions for our Products are subject to change at our sole discretion without notice and without liability to you or to any third party. We reserve the right to cancel any order because of a pricing error in our sole discretion. If we cancel an order because of a pricing error, we will notify you via email and provide a refund without any further liability to you or any third party. We reserve the right to discontinue any Product at any time. Any offer for any Product made on our Website is void where prohibited. We do not warrant that the quality of any Products or other material purchased or obtained by you will meet your expectations, or that any errors or omissions in the Products will be corrected.
We also reserve the right to refuse to exchange Products or refund the purchase price if any Products returned to us by you do not meet our return policy requirements. We reserve the right to refuse any order you place with us.
Accessibility
We are committed to providing a positive experience to all guests, both online and in person at any of our retail locations. For those individuals with disabilities, we are further committed to making the shopping experience through our Website an accommodating and inclusive one by ensuring that access and use of our Website is similar in manner to the online experience provided to individuals without disabilities.
In accordance with the foregoing, we strive to maintain our Website in conformance with generally recognized and accepted guidelines and standards for website accessibility. While these standards may change and evolve over time, they are currently the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 at Level AA (“WCAG 2.0 AA”), at a minimum.
Working with User1st, www.user1st.com, an experienced accessibility consultant and website accessibility solutions provider, we are taking the steps necessary so that our Website achieves substantial conformance with WCAG 2.0 AA, at a minimum. User1st’s automated tools enable the Website to meet WCAG 2.0 AA Standards, at a minimum, with standard assistive technology applications and web browsers. We are also committed to designing and maintaining our Website to be accessible to individuals with disabilities as part of our ongoing mission and purpose.
Please be aware that our efforts to make our Website accessible are ongoing. If, at any time, you are having trouble accessing any portion of our Website or have any specific questions, feedback, or concerns about the accessibility of any particular web pages on our Website, please contact us at 1-855-MASHBURN or email us at service@sidmashburn.com. We will make all reasonable efforts to address your issues.
Copyright, Trademarks and Service Marks
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Mashburn, its users or its third-party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Mashburn and is protected by U.S. and international copyright laws.
You may download information from this Website and print out a hard copy for your personal use; provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Mashburn or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Mashburn. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Mashburn does not warrant or represent that your use of Content, Products or any other materials displayed on this Website will not infringe rights of third parties.
If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately of the alleged infringement at 1170 Howell Mill Road, Atlanta, Georgia, 30318 or service@sidmashburn.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Certain trademarks, service marks and logos that are used or displayed on the Website, including "ANN MASHBURN™" and "SID MASHBURN™", are owned by Mashburn and are the service marks, trademarks and logos of Mashburn or one of its affiliates. Additionally, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Mashburn. All other trademarks, service marks, trade dress, Product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use, copy or modify any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of their owners. Unauthorized use of any trademarks, service marks or logos used on the Website may be a violation of state, national and international trademark laws.
Ownership of Information Submitted via this Website
With the exception of any personal information and copyright-protected any message, information, data, text, software or images, or other content ("Material") you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to Mashburn via this Website, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Mashburn. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Mashburn shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Mashburn via this Website or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information. When you submit any Material or information protected by intellectual property rights (e.g., photos, videos, articles, etc.) to the Website, you represent and warrant to Mashburn that you have the necessary rights to copy and display such information. Furthermore, you specifically grant to Mashburn a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Website. This license ends when you delete such content or your account unless your content has been shared with others and they have not deleted it.
Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and Mashburn reserves the right to change the access configuration of this Website at any time without prior notice.
Prohibited Use
You will not use the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) to interfere with any other party's use and enjoyment of the Website, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by Mashburn to be made accessible to a user, (vi) in an attempt to obtain any materials or information through any means not intentionally made available by Mashburn, or (vii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Website, you agree that you will not:
(a) Upload or transmit any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
(b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Mashburn representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
(d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
(f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(g) Upload or transmit any unsolicited advertising, promotional Materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
(h) Violate any applicable local, state, national or international law;
(i) Upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
(j) Delete or revise any Material posted by any other person or entity unless such Material is incorrect, and you are permitted to modify it;
(k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.shopmashburn.com or the landing pages, www.shopmashburn.com/pages/ann-mashburn and www.shopmashburn.com/pages/sid-mashburn, in accordance with the limited license and site access outlined above;
(l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
(m) Harvest or otherwise collect information about others, including e-mail addresses; or
(n) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website.
Mashburn reserves the right to seek all remedies at law and in equity that it may deem appropriate in response to actual or suspected violations of the rules and regulations set forth in these Terms of Use and the Website, including, without limitation, the suspension or termination of the user's access and/or account and the right to block access from a particular internet address to the Website. Mashburn may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Mashburn reserves the right at all times (i) to disclose any information as Mashburn deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or (ii) to edit, refuse to post or to remove any information or Materials, in whole or in part, in Mashburn's sole discretion.
Right to Monitor
Mashburn neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other Material created or accessible over or through this Website. However, Mashburn does reserve the right to monitor such use at any time as it deems appropriate and to use any information gathered during such monitoring for any permissible purpose under the Privacy Policy. Additionally, Mashburn may remove any Materials from the Website that, in Mashburn's sole discretion, may be illegal, may subject Mashburn to liability, may violate these Terms of Use, or are, in the sole discretion of Mashburn, inconsistent with Mashburn's purpose for this Website.
Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by users or third-party content providers, Mashburn has no editorial control or responsibility over such Content. Therefore, any opinions, statements, Products or other information expressed or made available by third party suppliers on this Website are those of such users or third-party suppliers. Mashburn does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any user or third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Mashburn.
Links to Third Party Websites
This Website may contain hyperlinks to other sites owned and operated by parties other than Mashburn. Such hyperlinks are provided only for ready reference and ease of use and access to any other websites is at your own risk. We are under no obligation to maintain any link on the Website, and we may remove a link at any time in our sole discretion for any reason whatsoever. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by Mashburn, you acknowledge and agree that Mashburn is not responsible for and is not liable, directly or indirectly, for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Mashburn shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Mashburn is not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.
Privacy Policy
Our Website privacy policy describes the details of Mashburn’s information practices and procedures for the use and collection of your personal information through or in connection with this Website (“Privacy Policy”). You may view a copy of our Privacy Policy here. We strongly urge you to read our Privacy Policy. The Privacy Policy is incorporated into these Terms of Use and governs our use of your information and/or information you submit or otherwise make available to us in connection with this Website.
Disclaimer of Warranties
Content and other information contained on this Website has been prepared by Mashburn as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Mashburn has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Mashburn. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products, but are provided solely for general informational purposes. Should you purchase Products from Mashburn or purchase products from a third party, the terms and conditions applicable to that transaction will govern such purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT AND PRODUCTS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND MASHBURN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. MASHBURN MAKES NO WARRANTY OR REPRESENTATION THAT THE USE OF THE WEBSITE, AND THE CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE ARE ACCURATE, TIMELY, UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE WEBSITE BEFORE RELYING ON IT. EXCEPT AS EXPRESSLY SET FORTH IN THE LIMITATION OF LIABILITY SECTION BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT MASHBURN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MASHBURN HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OR INABILITY TO USE THE WEBSITE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MASHBURN DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO FIFTY UNITED STATES DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE WEBSITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS OF USE.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, therefore, some of the limitations above may not apply to you to the extent prohibited by law. In such cases our liability will be limited to the fullest extent permitted by applicable law.
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 MIGHT HAVE ADDITIONAL RIGHTS.
Indemnifications
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Website; (ii) your violation of these Terms of Use; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms of Use.
Notices
Any notices required or permitted under these Terms of Use to us will be in writing and sent by certified mail, reputable overnight carrier or hand delivery to 1170 Howell Mill Road, Atlanta, Georgia 30318 or by email to service@sidmashburn.com, and to you from Mashburn regarding the Website or these Terms of Use will be posted on this Website or sent by e-mail to the address we have on file for you (if any) or by regular mail to the address we have on file for you (if any).
Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any) or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
Entire Agreement
These Terms of Use, the Privacy Policy, and other policies Mashburn may post on this Website constitute the entire agreement between Mashburn and you in connection with your use of this Website, the Content and Products, and supersedes any prior agreements between Mashburn and you regarding use of this Website, including prior versions of these Terms of Use.
Use Outside of the United States; Governing Law; Jurisdiction; Venue
The Website is operated by us from our offices within the United States of America. We make no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the Contents of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. You agree that venue for all actions, relating in any manner to these Terms of Use, will be in a federal or state court of competent jurisdiction located in Fulton County, Georgia. BY YOUR USE OF OUR WEBSITE YOU ALSO HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability of Provisions; Waiver
All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
Time Limit on Claims Against Us
You agree that any claim you may have arising out of or related to your use of the Website or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Website that will provide you with access to password protected portions of the Website and you elect to do so, you must complete the registration process by providing us with current, complete, true and accurate information as prompted by the applicable registration form, and choose a password and user name. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Website (or any portion thereof). You are entirely responsible for maintaining the confidentiality of your password and account and any other information provided to us and for any and all activities that occur under your account. You agree to (a) immediately notify Mashburn of any suspected or actual unauthorized access to or use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Mashburn will not be liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your account data confidential, that you may incur as a result of someone else using your password or account, whether such failure occurs with or without your knowledge or consent. However, you could be held liable for losses incurred by Mashburn or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
No Agency Relationship
Neither these Terms of Use, nor any Content, materials, features or Products of this Website create any fiduciary relationship between us or any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment
We may assign these Terms of Use or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms of Use or your rights under these Terms of Use without our prior written consent and any assignment in violation of this prohibition will be null and void.
Contacting Us
If you have any questions or concerns about these Terms of Use, please contact us at service@sidmashburn.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
Mashburn, LLC
1170 Howell Mill Road
Atlanta, Georgia 30318
These Terms of Use were last updated and posted on June 10, 2021.