Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the website (the “Site”) operated by Mach One Marketing LLC, a Delaware limited liability company (“Mach One,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Eligibility
You must be at least 18 years of age and capable of forming a legally binding contract under applicable law to use this Site. By using the Site, you represent and warrant that you meet these requirements.
2. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site
• Use any robot, spider, scraper, or other automated means to access the Site
• Attempt to gain unauthorized access to any portion of the Site, related systems, or networks
• Use the Site to transmit any viruses, malware, or harmful code
• Engage in any activity that interferes with or disrupts the Site
• Use the Site to violate any applicable law or regulation
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without consent
3. Intellectual Property Rights
All content on the Site, including but not limited to text, graphics, logos, images, videos, designs, software, and trademarks (collectively, the “Content”), is the property of Mach One Marketing LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may view and access the Content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent.
4. Trademarks
“Mach One Marketing” and our logos are trademarks of Mach One Marketing LLC. You may not use these trademarks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.
5. User Submissions
If you submit any communication, suggestion, idea, or other information to us through the Site or our “Contact Us” feature (“Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, and distribute such Submissions for any purpose, subject to our Privacy Policy. You represent that any Submission is your original work and does not infringe the rights of any third party.
6. Third-Party Links and Services
The Site may contain links to third-party websites or services that are not owned or controlled by Mach One. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Mach One shall not be liable for any damage or loss caused by or in connection with your use of any third-party content, goods, or services.
7. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MACH ONE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACH ONE MARKETING LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Mach One Marketing LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable law or regulation.
10. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.
11. Modifications to the Site and Terms
We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Site (or any portion thereof) at any time without notice. We may also revise these Terms from time to time. The most current version will be posted on the Site with the “Last Updated” date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
12. Termination
We reserve the right to terminate or suspend your access to the Site, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, disclaimers, indemnification, and limitations of liability.
13. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
14. Dispute Resolution
a) Informal Resolution
Before filing any formal claim, you agree to first contact us in writing and attempt to resolve the dispute informally for a period of at least sixty (60) days.
b) Binding Arbitration
Any dispute that is not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware, and judgment on the award may be entered in any court of competent jurisdiction.
c) Class Action Waiver
YOU AND MACH ONE AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
d) Exceptions
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
16. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mach One Marketing LLC regarding your use of the Site and supersede any prior agreements or understandings.
18. Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms at any time without notice.