LAST REVISED: JULY 21, 2021
This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions between MasterCorp, Inc. and you as a user who accesses, subscribes to access or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web sites known as MasterCorp.com and ApplyMC.com (individually and collectively, the “Site” and including any sub-domains or other related products and services), which are owned, controlled or managed by MasterCorp Inc.
You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this agreement. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name and password.
USE OF PLATFORM
MasterCorp Inc. reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. MasterCorp Inc. will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
MasterCorp Inc. reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
USER ACTIVITIES INFORMATION ON THE SITE
You will use the Site and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
By making any material or information available through the Site, you automatically grant MasterCorp Inc. a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right, and license to use, reproduce, modify, adapt, publish, translate, distribute, sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
MasterCorp Inc. has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and MasterCorp Inc. is not responsible for any content of this material or information. However, MasterCorp Inc. reserves the right to delete, move, or edit any material or information that it deems in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, MasterCorp Inc. reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
MasterCorp Inc. reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
RIGHTS IN SITE CONTENT & THE SITE
All content provided by MasterCorp Inc. on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by MasterCorp Inc. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by MasterCorp Inc. Any and all trademarks appearing on the Site are the property of MasterCorp Inc. or their respective owners.
You do not have a license, permission, or authority to use any content on the Site than as provided for in this section. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with MasterCorp Inc. You will download copyrighted content solely for your personal use but will make no other use of the content without the express written permission of MasterCorp Inc. and the copyright owner. You will not make any changes to any content that you are permitted to download under this agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 10 (Content-Specific Notices) below.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You expressly agree that use of the site is at your sole risk. Neither MasterCorp Inc. nor any of its affiliates, employees, shareholders, directors, officers, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, or completeness of any content, information, material, postings, or posting responses found on the site, or any merchandise or service provided through the site, or any links to other sites made available on the site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MASTERCORP INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Under no circumstances, including, but not limited to, negligence, will MasterCorp Inc. or any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers or licensors, and their respective directors, officers, employees, and agents) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any tool, content, information, material, postings, or posting responses on the site or the site itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that MasterCorp Inc. (and any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) is not liable for any defamatory, offensive, or illegal conduct of any user, including you.
You agree to defend, indemnify, and hold harmless MasterCorp Inc. (and any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement. MasterCorp Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
NOTICES BETWEEN US
MasterCorp Inc. may terminate this agreement and your use of the Site at any time. MasterCorp Inc. will have the right immediately to terminate your use of the Site in the event of any conduct by you which MasterCorp Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement, or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
LAW GOVERNING PERFORMANCE AND DISPUTES
This agreement, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the State of Tennessee, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Tennessee and the United States District Court for Tennessee in any and all actions, disputes, or controversies relating to this agreement.