Mavcore logo
Mavcore NavBar Home
HOME > CONDITIONS OF USE

CONDITIONS OF USE

Welcome to the Mavcore LLC website (the "Mavcore.com Website"), a site owned and operated by Mavcore LLC and its affiliates ("Mavcore LLC").

These Terms of Use, along with policies and guidelines located throughout the Mavcore LLC Website identify what users of the Mavcore LLC Website ("Users") can expect from Mavcore LLC, Mavcore LLC Providers (as defined below) and the Mavcore LLC Website and what we expect from Users. By accessing any areas of the Mavcore LLC Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Mavcore LLC Website.


I. ONLINE CONDUCT


User agrees to use the Mavcore LLC Website only for lawful purposes. User is prohibited from posting on or transmitting through the Mavcore LLC Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Mavcore LLC is notified of any material on the Mavcore LLC Website (collectively "Content") provided by User (e.g., through an online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Mavcore LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Mavcore LLC Website. Mavcore LLC may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Mavcore LLC Website; or (iii) to protect the rights or property of Mavcore LLC and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Mavcore LLC Providers") and any other User.

Mavcore LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Mavcore LLC, the Mavcore LLC Website, the communities that make up the Mavcore LLC Website, or any rights of Mavcore LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Mavcore LLC Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Mavcore LLC Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Mavcore LLC Website.


II. PRIVACY POLICY


Mavcore LLC respects the privacy of its Users. The terms and conditions of the Mavcore LLC Privacy Policy, http://www.mavcore.com/index.php?main_page=privacy, are incorporated herein by reference.


III. TRADEMARKS

Mavcore.com, is a service mark of Mavcore LLC or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Mavcore LLC and its licensors used on the Mavcore LLC Website may not be used without prior written consent of Mavcore LLC or its licensor, as the case may be. Without limiting the foregoing, no Mavcore LLC trademark or trade dress may be used in connection with any product or service that is not Mavcore LLC's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Mavcore LLC.


IV. CONTENT

a. Proprietary Rights

User acknowledges that the Mavcore LLC Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Mavcore LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. Distribution/Uploading Of Third-Party Content


Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Mavcore LLC Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by Mavcore; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Mavcore LLC Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Mavcore LLC on our contact page. By submitting Content to any User-submit areas, including, without limitation, any User product reviews User automatically grants, or warrants that the owner of such Content has expressly granted Mavcore LLC Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Mavcore LLC Website retains any and all rights which may exist in such Content."

c. Third-Party Content


Mavcore LLC is a distributor and not a publisher of Content supplied by third parties and Users. Mavcore LLC has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Mavcore LLC or its affiliates or any of their officers, directors, employees, or agents. No Mavcore LLC Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Mavcore LLC Website represents the opinions and judgments of the respective third party providing such Content. Mavcore LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Mavcore LLC Website by anyone other than Mavcore LLC. Under no circumstances shall Mavcore LLC, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Mavcore LLC Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Mavcore LLC Website.

d. Export

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Mavcore LLC Website to either a foreign national or a foreign destination in violation of such law.


V. AGE OF USERS


Mavcore LLC does not intend the Mavcore LLC Website to be used by minors under the age of 21. Furthermore, Mavcore LLC does not market the Mavcore LLC Website for use by minors under the age of 21. Mavcore LLC relies upon parents or guardians of Users under the age of 21 to determine if any content or items available on the Mavcore LLC Website are appropriate for view or access by such Users.


VI. TERMINATION OF USAGE


Mavcore LLC may suspend or terminate any User's access to all or any part of the Mavcore LLC Website including any account thereon, without notice, for any reason in Mavcore LLC's sole discretion, including without limitation Mavcore LLC's belief that such access would violate any applicable law or would be harmful to the interests of any Mavcore LLC Provider or another User.


VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User's Mavcore LLC account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Mavcore LLC account.


VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE MAVCORE LLC WEBSITE IS PROVIDED BY MAVCORE LLC PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH MAVCORE LLC PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE."

WITHOUT LIMITING THE FOREGOING, NO MAVCORE LLC PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE MAVCORE LLC WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE MAVCORE LLC WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MAVCORE LLC WEBSITE; OR (IV) THAT THE MAVCORE LLC WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF MAVCORE LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO MAVCORE LLC PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MAVCORE LLC WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE MAVCORE LLC WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY MAVCORE LLC PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY MAVCORE LLC PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MAVCORE LLC WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE MAVCORE LLC WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STOMRE_NAME's RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE MAVCORE LLC WEBSITE.

NO MAVCORE LLC PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE MAVCORE LLC WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH MAVCORE LLC PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PHOTOGRAPHS ARE FOR ILLUSTRATION PURPOSES ONLY AND THE PRODUCT YOU RECEIVE COULD VARY FROM THAT SHOWN. WE ARE NOT RESPONSIBLE FOR VARIATIONS IN COLORS AND THE FACT THAT MANY COMPUTER MONITORS DO NOT ACCURATELY REFLECT THE COLORS AND SHADES IN PHOTOGRAPHS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.


IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.


X. APPLICABLE LAW; JURISDICTION


This site is created and controlled by Mavcore LLC in the State of New York. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Mavcore LLC Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.


XI. BINDING ARBITRATION


Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Mavcore LLC Website, any Content or any item purchased from the Mavcore LLC Website shall be settled by confidential arbitration in Syracuse, New York administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Mavcore LLC from seeking any injunctive relief in State or Federal courts located in the State of New York for protection of Mavcore LLC's or Mavcore LLC licensor’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.


XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Mavcore LLC regarding User's relationship with Mavcore LLC and supercedes any prior statements or representations. When using the Mavcore LLC Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.


XIII. MODIFICATION


Mavcore LLC reserves the right to make changes to the Mavcore LLC Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on June 15, 2010.

 

Footer gif