mTusker.com Terms of Use


Thank you for visiting the web site mTusker.com. To simplify the language in these Terms of Use, the term "we" or "us" means Mammoth Universal, Inc., the operator of the mTusker.com web site. "You" means the person visiting or otherwise using the mTusker.com web site.

Use of the mTusker.com web site constitutes agreement to these Terms of Use. We encourage you to review the following information carefully.

INTELLECTUAL PROPERTY
mTusker.com, mTusker, Mammoth Universal, and other marks indicated on our site are trademarks owned exclusively by us. You are not granted any license or other right to use these names or trademarks.

All content or information on mTusker.com ("Content") is our exclusive property, except where otherwise expressly stated. Said Content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. You are not granted any license or other right to use this Content, except as set forth in the paragraph titled "LICENSE AND SITE ACCESS" below. Our Content is protected by United States and international intellectual property laws (including but not limited to patent, copyright, trademark, and trade secret laws) and we reserve all rights provided therein. In case of dispute or infringement, we will vigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT
Some portions of the mTusker.com web site permit username and passwords to be used. You are responsible for protecting your unique username and password. You may not allow any person or entity to use your account information including your username or password for any reason. You agree to be responsible for all activities performed under your user account. In the event you become aware of or believe there was or is any unauthorized use of your account including your username or password, you must notify us immediately.

LICENSE AND SITE ACCESS
We grant you a limited license to access, view, and use (as we permit) the mTusker.com web site. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. The mTusker.com web site or any portion of the web site may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You are prohibited from using meta tags or any other hidden text utilizing our name or trademarks without our express written consent. Any unauthorized use of the mTusker.com web site voids the limited license granted by us.

RULES FOR USE OF mTusker.com

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of mTusker.com. Your use of mTusker.com and any Content is subject to all applicable United States federal and state law, regulations, statutes, and treaties, as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree that your use of mTusker.com and any Content is also subject to the following rules:

CHILDREN UNDER 13

mTusker.com is not directed at children under 13 years old, and we do not knowingly collect information from children under 13 years old. If you are under 13 years of age, you should not use mTusker.com for any purpose.

ERRORS

We make no representation, guarantee, or warranty that mTusker.com will be error-free, free of viruses or other harmful elements, or that any defects existing on mTusker.com will be corrected. We do not represent or warrant that the information available on or through mTusker.com will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or Content of mTusker.com at any time.

STATEMENT OF PRIVACY

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You may access the Privacy Policy through mTusker.com.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, and product and service providers (collectively, the "Affiliated Parties") harmless from any liability, loss, claim, damages, costs and expenses including, without limitation, reasonable attorney’s fees and costs, arising out of or related to your use of mTusker.com, your activity for and through mTusker.com, or your violation of these Terms of Use, the Privacy Policy, or any other legal notices on mTusker.com. We reserve the right to hire our own separate legal counsel, at your expense, as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

DISCLAIMER

YOUR USE OF mTusker.com IS AT YOUR OWN RISK. THE CONTENT ON mTusker.com IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTIES AS TO THE OPERATION OF mTusker.com OR THE CONTENT CONTAINED THEREIN. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF TITLE, AND ANY WARRANTIES OF NON-INFRINGEMENT, ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN mTusker.com INCLUDING THOSE ARISING OUT OF YOUR USE OF mTusker.com.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER WE NOR ANY OF THE AFFILIATED PARTIES SHALL BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF mTusker.com OR FROM THESE TERMS OF USE OR THE PRIVACY POLICY FOR mTusker.com, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH mTusker.com OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.

WE ARE ONLY PROVIDING mTusker.com BASED ON YOUR AGREEMENT TO THE FOREGOING DISCLAIMERS, WHICH ARE A FUNDAMENTAL PART OF THESE TERMS OF USE.

LIMITATION OF LIABILITY
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM mTusker.com, (B) THE UNAVAILABILITY OR INTERRUPTION OF mTusker.com OR ANY FEATURES THEREOF, (C) YOUR USE OF mTusker.com, AND (D) THE CONTENT CONTAINED ON mTusker.com.


LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of mTusker.com and the Content on mTusker.com.

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you.

THIRD PARTY MATERIAL

mTusker.com may contain links to web sites of third parties not controlled or operated by us, including those of other private entities and organizations. Please be aware that when you follow a link to another web site, you are then subject to the terms of use and privacy policy of the new web site. Any links are provided solely for your convenience, and we do not endorse the content or operator of any third party web site. Content of third parties, including advertisements and hyperlinks, may appear on mTusker.com. We make no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained in any linked third party web site, and you agree that we shall have no liability for any damages or injuries of any kind arising from the content or information on such web site. Such third parties are solely responsible for ensuring that material submitted for inclusion on mTusker.com is accurate and complies with applicable laws.

APPLICABLE LAW
By visiting mTusker.com, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use, the Privacy Policy, and any dispute of any sort that might arise between you and us related to mTusker.com.

MTUSKER CUSTOMERS

If you acquire a license to use the mTusker software (online, through a mobile app, or in any other manner), you will log into the software using your account information. This will give you access to additional pages and sections of mTusker.com for your own business use. These Terms of Use will continue to apply to your use of the mTusker software through mTusker.com, except to the extent conflicting terms are set forth in the End User License Agreement or other license agreement for the software (the "License Agreement"), which terms shall control over these Terms of Use in relation to your use of the software.

We reserve the right to terminate or suspend your License Agreement or account or your ability to use or access any section of mTusker.com or the software for failure to comply with these Terms of Use, the Privacy Policy, any other legal notices on mTusker.com, or your License Agreement, or for infringing any copyright, trademark, or other intellectual property of ours, or for any other reasonable reason. If we suspend your License Agreement or account, no data will be deleted, and you will have the ability to download your data, or we will provide it to you upon request.


MISCELLANEOUS

If any provision of these Terms of Use is held, declared, or pronounced void, voidable, invalid, unenforceable or inoperative for any reason, by any court of competent jurisdiction, government authority or otherwise having jurisdiction in an unappealed final decision to which you and we are a party, you and we authorize and request such court or governmental authority to modify the provision held to be void, voidable, invalid, unenforceable or inoperative to contain such lesser covenants that impose the maximum duty permitted by law so that the provision is upheld as valid, and the parties agree to be bound by the modified provision. The holding, declaration or pronouncement shall not affect adversely any other provisions of these Terms of Use, which shall otherwise remain in full force and effect.

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of mTusker.com.

INTERNATIONAL USE

We make no representations that the Content on mTusker.com is appropriate or available for use in locations outside of the United States, or whether access to mTusker.com and the provision of information through mTusker.com from such locations is permitted. Those who choose to use mTusker.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

CONTACT US

If you have any questions or suggestions regarding our Terms of Use, please contact us in any of the following ways:

            By email:                     support@mtusker.com

           By telephone:               1-888-982-8126 Toll Free in the U.S.

                                                303-437-5704

           By mail:                        Mammoth Universal, Inc.

                                                1001 16th Street, #141

                                                Denver, Colorado 80265

                                                Attention: Web Master