Terms and Conditions
Terms and Conditions
Last updated July 21st, 2017
Welcome to our site (the “Site”) owned and operated by MSL and Company, LLC (hereinafter, “MSL,” “we,” “us” or “our”. These Terms and Conditions (these “Terms”) are important and affect your legal rights, so please read them carefully. By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, please do not access or use the Site.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect to any MSL products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
MSL reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site you confirm your acceptance of the revised Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Terms, please do not access or use the Site.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you (a “Member”) represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, (d) do not have more than one MSL account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Passwords, and Communication Preferences
You may browse our Site and view our content without registering, but as a condition to accessing certain services on the Site, and to receive our newsletter, you will be required to register and provide specific information. All information about you must be truthful, accurate and complete, and you may not use any aliases or other means to mask your true identity, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account You agree to maintain and promptly update from time to time as necessary your account information.
Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
By registering with our Site, you consent to receive electronic communications from MSL, via email or by posting notices to the Site. These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of MSL. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of MSL. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit any of the content, in whole or in part, found on the Site.
In no event shall your use of the Site include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the Site. Any attempt to do so is a violation of the rights of MSL and its licensors. If you breach this restriction, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the application, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.
We specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
Posting any information which is untrue, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
Attempting to interfere in any way with MSL’s network security, or attempting to use the Site’ service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
5. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site (collectively, “Content”) are the property of MSL or our licensors and are protected by copyright, trademark and/or other intellectual property rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Site is registered and unregistered trademarks of MSL, specifically including the name “MSL and Company, LLC”. Nothing contained on this Site should be construed as granting any license or right to use any trademark without the prior written permission of MSL.
Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by MSL.
As part of the Site functionality, we allow you to upload content on the Site, including photos, comments, messages, suggestions reviews and feedback. You may be able to share your content with other users via the Site. It must be emphasized that we cannot prevent other users from taking screen shots or captures or from downloading your content and subsequently making your content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your content that you have posted to the Site. If the potential for public dissemination of your content concerns you, please do not share that content.
You, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Site. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, Intellectual Property Rights infringement claims regarding such content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site.
We have the right, but not the obligation, to review any of your content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Site to use your content without violating any rights you might have in such content or any third-party rights in such content. You may remove your content from the Site at any time; however, you acknowledge that we may retain archived copies of your content.
Users of the Site may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user content. You acknowledge that by using the Site, you may be exposed to user content that is offensive, indecent or objectionable.
By making your content available to our Site, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Site is available), and create derivative works of your content. The rights you grant to us are for the limited purpose of operating and providing the Site, improving the Site, and allowing us to develop new services. The reference in this license to “derivative works” is not intended to give us a right to make substantive changes or derivations to your content, but does enable other users to redistribute your content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other content in connection with your content.
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties’ other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray MSL in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a MSL logo or other proprietary graphic of MSL to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any MSL trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.
MSL makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party Sites accessible by hyperlink from the Site or of sites linking to the Site. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Third Party Content
We may display content, advertisements and promotions from third parties through the Site (collectively, “Third Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that MSL is not responsible or liable in any manner for such interactions or Third-Party Content.
Links to third party Sites are not endorsements or referrals of any products, services or information contained in such Sites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Site. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive
8. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from such user and MSL;
Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Site;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site that you are not authorized to access;
Develop any third-party applications that interact with contributed content or the Site without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Express or imply that any statements you make are endorsed by us, without our specific prior written consent;
Interfere with or disrupt the Site, or the servers or networks connected to the Site;
Download lists of other users of the Site and use their information for your own business reasons;
“Frame” or “mirror” any part of the Site, or use meta tags or code or other devices containing any reference to us or the Site in order to direct any person to any other Sites for any purpose;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
Create or send unsolicited messages or other electronic communications;
Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or Sites/blogs repurposing existing stories (source hops); or
Intentionally or unintentionally violate any applicable local, state, national or international law.
9. Contributed Content Guidelines
MSL values your input and contributions. When contributing content, please consider the following guidelines:
By submitting or posting any materials or content on the Site, you grant MSL a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant MSL the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. MSL will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or Sites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
In addition, if you wish to share specific feedback with us about customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via _______________.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, MSL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MSL makes no warranties of any kind regarding any non-MSL sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and MSL makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-MSL sites. MSL does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
WE ATTEMPT TO DISPLAY MATERIALS AND INFORMATION YOU VIEW ON THE SITE, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
No oral information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MSL, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MSL Parties”), from and against all actual or alleged MSL Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, (b) any contributed content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Site. You agree to promptly notify MSL of any third-party Claims and cooperate with the MSL Parties in defending such Claims. You further agree that the MSL Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MSL.
12. Limitation of Liability
IN NO EVENT SHALL MSL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MSL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MSL AND THE OTHER MSL PARTIES (JOINTLY) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO MSL IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
13. International Use
We control and operate the Site from the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Copyright Infringement; Notice and Take Down Procedures
MSL specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on these Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. MSL will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: email@example.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us at firstname.lastname@example.org.
15. Modifications to the Site
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) at any time and without liability therefor.
16. Governing Law and Venue
These Terms, your access to and use of the Site s shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the County of Los Angeles, State of California and the United States, respectively.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
18. Audit Rights
You agree that we may audit your use of the Site for compliance with these Terms at any time. In the event that such audit reveals any use of the Site by you other than in full compliance with these Terms, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these Terms directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.
19. E-mail and Text Communications
E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Site).
20. Surveys and Feedback
We may periodically present you with surveys or solicit your opinion about the Site. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
23. Waiver; Remedies
The failure of MSL to partially or fully exercise any rights or the waiver of MSL of any breach of these Terms by you shall not prevent a subsequent exercise of such right by MSL or be deemed a waiver by MSL of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of MSL under these Terms and any other applicable agreement between you and MSL shall be cumulative, and the exercise of any such right or remedy shall not limit MSL’s right to exercise any other right or remedy.
Those provisions in these Terms that by their nature are intended to survive termination or expiration of this Agreement shall so survive.
These Terms constitute the entire agreement between you and MSL relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of MSL. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. No agency, partnership, joint venture, or employment relationship is created between us as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.
Questions: Should you have any questions regarding these Terms you may contact us at email@example.com.