Website Terms And Condition Of Use
Welcome to the Terms and Conditions of Use Agreement (the “Agreement”) for
Mortarr, LLC (“Mortarr”). This Agreement describes the terms and
conditions applicable to your use of the
website (the “Site”).
By accessing or using this Site, you intend to and expressly agree to be bound by all the
reference. If you do not agree to these terms and conditions of use, please do not use this
1. Service Terms
A. Use of Site. Mortarr grants you a limited license to access this Site to
view information on the Site solely for your personal, noncommercial use. You agree to not
copy or distribute any part of the Site in any medium without Mortarr’s prior written
consent. You further agree you will not alter or modify any part of the Site other than as
may be reasonably necessary to use the Site for its intended purpose, and you will otherwise
comply with all the terms and conditions of this Agreement. The permission granted to you
shall terminate automatically if you breach any of these terms and conditions. Mortarr
reserves the right to modify or remove any materials or products listed on the Site at any
time without notice.
B. Prohibited Use of Site. You shall not make any commercial use of this Site
or its content. You further agree not to use any data mining, robots, or similar data
gathering and extraction tools. This Site or any portion of this Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without the express written consent of Mortarr. You agree not to interfere, disrupt, or
attempt to gain unauthorized access to other accounts that use this Site or any other
computer network. You further agree not to disseminate, store, or transmit viruses, trojan
horses, or any other malicious code or program or engage in any other activity deemed by
Mortarr to be in conflict with the spirit or intent of this Agreement.
C. Equipment. You shall be solely responsible for providing, maintaining, and
ensuring compatibility with the Site including all hardware, software, electrical, and other
physical requirements for Your use of this Site including, without limitation,
telecommunications, Internet access connections, Web browsers, or other equipment, programs,
and services required to access and use the Site.
A. Accessibility. You agree that from time to time this Site may be
inaccessible or inoperable for any reason including, without limitation: (i) equipment
(ii) periodic maintenance procedures or repairs that Mortarr may undertake from time to
or (iii) causes beyond the control of Mortarr or that are not reasonably foreseeable.
3. Ownership of Intellectual Property
A. Trademarks. The following trademarks, service marks, and logos
(the “Trademarks”) used and displayed on this Site are registered and
unregistered Trademarks owned by Mortarr. Under no circumstances may you use or copy any of
the Trademarks. Nothing herein should be construed as granting any license or right to use
any Trademark displayed on this Site without the express written consent of Mortarr.
All other brand names not owned by Mortarr on this Site are owned by their respective
owners. You may not frame or utilize framing techniques to enclose any Trademarks,
brand names, logos, or use any metatags or any other “hidden text”
utilizing Mortarr’ Trademarks without the express written consent of Mortarr. Any
unauthorized use identified in this Section terminates the permission or license granted to
You by Mortarr.
B. Copyrighted Works. Certain content contained on this Site including, but not
limited to, images/video, photos, electronic art, graphics, information and data,
communications programs, electronic mailservices, user interfaces, executable code, and data
formatted, organized, and collected in a variety of forms, including layouts, pages,
screens, directories, and databases are owned by or licensed to Mortarr. Any other copyright
protected content not owned by Mortarr is owned by its respective owner. You agree that you
will not copy, reproduce, modify, alter, create derivative works from, distribute, or
publicly display any content (except for Your personal noncommercial use) from the Site
without the prior expressed written consent of Mortarr.
This Site may provide links to other websites maintained by third parties. You acknowledge
and agree that such links are provided for your convenience only and do not reflect any
endorsement, affiliation, relationship, or sponsorship by Mortarr with respect to the
provider of such linked site or the quality, reliability, or any other characteristic or
feature of such linked site. You further acknowledge and agree that Mortarr is not
responsible in any manner (including without limitation with respect to any loss or injury
you may suffer) for any matter associated with the linked site, including without
limitation, the content provided on or through any such linked site or your reliance
thereon. MORTARR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY
LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, You should
be aware that Your use of any nonMortarr site is subject to the terms and conditions
applicable to that site, including the privacy policies (or lack thereof) of such site. If a
third party links to this Site, it is not necessarily an indication of endorsement,
affiliation, relationship, or sponsorship by or with Mortarr. Mortarr may not even be aware
that a third party has linked to this Site.
5. Third-Party Content
Any other content not owned by Mortarr is owned by its respective owner. You acknowledge and
agree that such content is provided by its owner and does not reflect any endorsement,
affiliation, relationship, or sponsorship by Mortarr with respect to the provider of such
content. You further acknowledge and agree that Mortarr is not responsible in any manner
(including without limitation with respect to any loss or injury you may suffer) for any
content provided by third parties including, without limitation, your reliance thereon.
MORTARR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT.
6. Submission of Confidential Information
Do not use this Site as a means of submitting information you consider to be confidential or
proprietary. Except as otherwise expressly provided herein or in a written agreement with
Mortarr applicable to your particular use of the Site, any submission of material by you
will be considered a contribution to Mortarr for further use in its sole discretion,
regardless of any proprietary claims or reservation of rights noted in the submission.
Accordingly, You agree that any material including, but not limited to, questions, comments,
suggestions, ideas, or other information, provided by you in the form of e-mail or
submissions to Mortarr are non-confidential and shall become the sole property of Mortarr.
Mortarr shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use of this material for any purpose, commercial, or otherwise,
without acknowledgment or compensation to you.
7. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, MORTARR, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF. MORTARR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITES LINKED TO THIS SITE, OR ANY THIRD-PARTY
CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT OR THIRD-PARTY CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SITE OR THIRD-PARTY CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD
PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, THIRDPARTY CONTENT, OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR THIRD-PARTY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MORTARR DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MORTARR WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
8. Limitation of Liability
IN NO EVENT SHALL MORTARR, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR
THIRD-PARTY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND THIRD-PARTY CONTENT; (V)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR POSTED, E-MAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Site is controlled and offered by Mortarr from its facilities in the United States of
America. Mortarr makes no representations that the Site is appropriate or available for use
in other locations. Those who access or use the Site from other jurisdictions do so at their
own volition and are responsible for compliance with local law. You further agree that the
information provided on this Site does not constitute advice, an offer to buy or sell, or a
solicitation of business, and products and/or services described on this website may or may
not be suitable for Your company and may not be available to all customers or in all
jurisdictions. Before acting on any information, You should consider Your company's needs,
objectives, and financial considerations.
9. Release and Indemnification
A. Release. In the event that you have a dispute with a third party that
involves this Site, you agree to release Mortarr and its officers, shareholders, directors,
employees and agents from all claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code §1542, which says: “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.”
B. Indemnification. You agree to indemnify, hold harmless and defend Mortarr,
its officers, shareholders, directors, employees, and agents from and against any action,
cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’
fees, asserted by any person, arising out of or relating to: (i) this Agreement; (ii) Your
use of this Site, including any data or work transmitted or received by You; and (iii) any
prohibited use of the Site as set forth in Section 1(B).
A. Amendment. Mortarr shall have the right, at any time, to add to or modify
the terms of this Agreement. Mortarr will provide you with 30 days’ notice of the proposed
changes prior to their effective date. Your access to or use of the Site after the effective
date of such amended terms shall be deemed to constitute Your acceptance of such amended
terms. You may not amend this Agreement without Mortarr’s express written consent.
B. Waiver. Except for the Class Action Waiver, no waiver of any term,
provision, or condition of this Agreement, whether by conduct or otherwise, in any one or
more instances, shall be deemed to be, or shall constitute, a waiver of any other term,
provision or condition hereof, whether or not similar, nor shall such waiver constitute a
continuing waiver of any such term, provision or condition hereof. No waiver shall be
binding unless executed in writing by the party making the waiver.
C. Severability. If any provision of this Agreement is determined to be illegal
or unenforceable, then such provision will be enforced to the maximum extent possible and
the other provisions will remain fully effective and enforceable.
D. Notice. All notices shall be in writing and shall be deemed to be delivered
when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to
either party’s last known post office, facsimile or e-mail address. User hereby consents to
notice by e-mail.
E. Law. This Agreement is made in and shall be governed by the laws of the
State of Minnesota without reference to its conflict of laws provisions.
disputes arising under or relating to this Agreement shall be brought in the federal or
state courts in the State of Minnesota. The parties irrevocably submit and consent to the
exercise of subject matter jurisdiction and personal jurisdiction over each party by the
federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive
any and all objections which any party may now or hereafter have to the exercise of personal
and subject matter jurisdiction by the federal or state courts in the State of Minnesota and
to the venue of any such suit, action, or proceeding brought in any such federal or state
court in the State of Minnesota.
G. Process. For all actions, claims, or disputes not involving or arising under
and all objections that any party may now or hereafter have, to process being served in any
such suit, action, or proceeding referred to in the preceding subsection pursuant to the
rules of the applicable court, including, without limitation,service by certified or
registered mail, return receipt requested. No provision of this section shall affect the
right of any party to serve process in any manner permitted by law or limit the right of any
party to bring suits, actions or proceedings to enforce in any lawful manner a judgment
issued by the state or federal courts of the State of Minnesota.
H. Agreement to Arbitrate. In the event of a dispute between You and Mortarr
dispute by binding arbitration, as described below, instead of in court (the “Arbitration
Agreement”). Any claim (except for a claim challenging the validity or enforceability
of this arbitration agreement, including the Class Action Waiver) may be resolved by binding
arbitration if either side requests it. THIS MEANS IF EITHER YOU OR MORTARR CHOOSE
ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A
JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
I. Class Action Waiver. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS
NEITHER YOU NOR MORTARR MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER
INTERESTED PARTIES, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR
MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
J. Governing Law and Rules for Arbitration. The Arbitration Agreement is
governed by the Federal Arbitration Act (FAA). Arbitration must proceed only with the
American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be the
procedures of the chosen arbitration organization. If the organization's procedures change
after the claim is filed, the procedures in effect when the claim was filed will apply.
Arbitration hearings will take place in Minnesota. A single arbitrator will be appointed.
The arbitrator must:
- Follow all applicable substantive law, except when contradicted by the FAA;
- Follow applicable statutes of limitations;
- Honor valid claims of privilege;
- Issue a written decision including the reasons for the award.
The arbitrator's decision will be final and binding except for any review allowed by the FAA.
However, if more than $100,000 was genuinely in dispute, then either you or Mortarr may
choose to appeal to a new panel of three arbitrators. The appellate panel is completely free
to accept or reject the entire original award or any part of it. The appeal must be filed
with the arbitration organization not later than 30 days after the original award issues.
The appealing party pays all appellate costs unless the appellate panel determines otherwise
as part of its award. Any arbitration award may be enforced (such as through a judgment) in
any court with jurisdiction.
K. Survival. The terms and provisions of Sections 3 - 10 shall survive
termination of this Agreement for any reason.
complete and exclusive statement of the agreement between the parties and supersedes any and
all prior or contemporaneous communications, representations, statements, and
understandings, whether oral or written, between the parties.
Dated: October 2, 2017