ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE PRODUCTS AND SERVICES OFFERED
The Site is an e-commerce website that has the following description:
Mastercraft Workbenches manufactures and sells a variety of jeweler’s workbenches. Any and all visitors to our site shall be deemed as “users” of the herein contained Products and Services provided for the purpose of this TOU.
The user acknowledges and agrees that the Products and Services made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Mastercraft Workbenches. At its discretion, Mastercraft Workbenches may offer additional website Products and Services, or update, modify or revise any current content and Products and Services, and this Agreement shall apply to all additional Products and Services and all updated, modified, or revised Products and Products unless otherwise stipulated. Mastercraft Workbenches hereby reserves the right to cancel and cease offering any of the Products and Services as mentioned above.
You, as the end user, acknowledge, accept, and agree that Mastercraft Workbenches shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Products and Services. Your continued use of the Products and Services provided, after such posting of any updates, changes, and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Products and Services immediately.
Furthermore, the user understands, acknowledges, and agrees that the Products and Services offered shall be provided “AS IS.” Mastercraft Workbenches shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
COMMERCIAL REUSE OF PRODUCTS AND SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell or exploit any part, use of, or access to Mastercraft Workbenches sites for any commercial reason.
Mastercraft Workbenches shall reserve the right at any time it may deem fit to modify, alter and or discontinue, whether temporarily or permanently, our Products and Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alternation, modification, suspension, and/or discontinuance of our Products and Services or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Products and Services, which may include the payment and/or delivery of such related Products and Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Mastercraft Workbenches shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Mastercraft Workbenches or any third party may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources. As such, we do not endorse nor are we responsible or liable for any content, products, advertising, or other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Mastercraft Workbenches shall not be responsible or liable, direct, or indirect, for any such damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Products and Services made available on or through any such site or resource.
You acknowledge and agree that Mastercraft Workbenches’ Products and Services and any essential software that may be used in connection with our Products and Services (“Software”) shall contain proprietary and confidential materials protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content contained in any advertisements or information presented by and through our Products and Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Mastercraft Workbenches or such appropriate licensor, you agree not to alter, modify, lease, rent, loan., sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on Mastercraft Workbenches’ Products and Services (e.g., Content or Software), in whole or part.
You herein expressly acknowledge and agree that:
a) The use of Mastercraft Workbenches’ Products and Services and software are at the sole risk by you. Our Products, Services, and Software shall be provided on an “as Is” and/or “As Available” basis. Mastercraft Workbenches and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b) Mastercraft Workbenches and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Mastercraft Workbenches’ Products and Services or software will meet your requirements; (ii) Mastercraft Workbenches’ Products and Services or software shall be uninterrupted, (iii) timely, secure, or error-free the use of the Mastercraft Workbenches’ Products and Services or software will be accurate or reliable; (iv) quality of any products, Products, and Services or software will be accurate or reliable; (v) the quality of any products, Products, and Services, and any information or other material or which may be purchased or obtained by you through our Products and Services or software (vi) will meet your expectations; and (vii) that any such errors contained shall be corrected.
c) Any information or material downloaded or otherwise obtained from Mastercraft Workbenches’ Products and Services, or Software shall be accessed at your sole discretion and sole risk. As such, you shall be solely responsible for and hereby wave all claims and causes of action with respect to any damage to your computer and/or Internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
d) No advice and/or information, whether written or oral, that may be obtained by you from Mastercraft Workbenches or by way of or from our Products and Services or software shall create any warranty not expressly stated in the TOU.
e) A Small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer or while using our Products and Services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our Products and Services: dizziness, altered vision, muscle twitches, loss of awareness, Disorientation, any involuntary movements, or convulsions.
LIMITATIONS OF LIABILITY
You explicitly acknowledge, understand, and agree that Mastercraft Workbenches and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur and results from:
a) The use or inability to use our Products and Services;
b) The cost of procuring substitute Products and Services;
c) Unauthorized access to lower the alteration of your transmissions and/ or data;
d) Statements or conduct of any such third-party on our Products and Services;
e) And any other matter which may be related to our service.
In the event you have a dispute, you agree to release Mastercraft Workbenches (and its officers, directors, employees, agents, parent subsidiaries, affiliates, branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Products and Services concerning companies, stock quotes, investments, or securities, please review the above Selections Warranty Disclaimers and Limitations of Liability again. In addition, the phrase “let the investor beware” is appropriate for this information. Mastercraft Workbenches’ content is provided primarily for informational purposes, and no content that shall be provided or is included in our Products and Services is intended for trading or investing purposes. Mastercraft Workbenches and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Products and Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOU, that there shall be no third-party beneficiaries to this agreement.
Mastercraft Workbenches may furnish you with notices, including those with regards to any changes to the TOU, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOU by accessing our website in an unauthorized manner. Your acceptance of this TOU constitutes your agreement that you are deemed to have received any, and all notices that would have been delivered had you accessed our Products and Services in an authorized manner.
You herein acknowledge, understand, and agree that all of the Mastercraft Workbenches trademarks, copyright, trade names, service marks, and other Mastercraft Workbenches logos and any brand features, and/or product and service names are trademarks and, as such, are and shall remain the property of Mastercraft Workbenches. You herein agree not to display and/or use the Mastercraft Workbenches logo or marks in any manner without obtaining Mastercraft Workbenches’ prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES
Mastercraft Workbenches will always respect the intellectual property of others, and we ask that all our users do the same. With regards to the appropriate circumstance and at its sole discretion, Mastercraft Workbenches may disable and/or terminate the accounts of any user who violates our TOU and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us the following information:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- c) A description of the location of the site which you allege has been infringed upon your work;
- d) Your physical address, telephone number, and email address;
- e) A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law.
- f) And finally, a statement, made under penalty of perjury, that the information above in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Mastercraft Workbenches Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
9027 Sunland Blvd.
Sun Valley, CA 91352
Telephone: (866) 216-9287
This TOU constitutes the entire agreement between you and Mastercraft Workbenches and shall govern the use of our Products and Services, superseding any prior version of this TOU between you and us with respect to Mastercraft Workbenches’ Products and Services. You may also be subject to additional terms and conditions applicable when you use or purchase Mastercraft Workbenches’ Products and Services, affiliate Products and Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Mastercraft Workbenches with regard to the TOU that the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provision and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOU, or the relationship between you and Mastercraft Workbenches, shall be filed within the courts having jurisdiction with the County of Los Angeles, California or the U.S. District Court located in said state. You and Mastercraft Workbenches agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
If Mastercraft Workbenches fails to exercise or enforce any right or provision of the TOU, such failure shall not constitute a waiver of such right or provision. Suppose any provision of this TOU is found by a court of competent jurisdiction to be invalid. In that case, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision; the other provisions of the TOU remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Products and Services, or the TOU must be filed within one year after said claim or cause of action across or shall be forever barred.