IMPORTANT: PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MASCARO CONSTRUCTION COMPANY, LP AND ITS AFFILIATED COMPANIES AND PARTNERS CONCERNING THE USE OF THIS WEBSITE
Acknowledgement of Terms
Term and Termination
This Agreement takes effect upon your access and use of the Website and automatically terminates if any of the following occur: 1) you fail to comply with a term, condition, or other obligation; 2) you cease use of the Website; or 3) MASCARO chooses to terminate this Agreement with or without cause.
Change to Agreement
MASCARO reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of the Website after the posting of changes to this Agreement will mean you agree to abide by those changes. Any amendment to this Agreement by you must be agreed to MASCARO in writing. You may at any time print, download and/or store a copy of this Agreement.
The Website, including, but not limited to, text, images, audio, audiovisual content, source code, applets, web modules, and web-enabled programs used in connection with the Website, contains intellectual property and proprietary content of MASCARO or its licensors and is protected under United States and international copyright, trademark, and trade secret laws, where applicable. Except as expressly authorized in writing by MASCARO in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, in whole or in part for any purpose whatsoever.
MASCARO and its licensors grant you a personal, non-transferable and non-exclusive right and license to use the Website on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to access the Website by any means other than through the interface that is provided by MASCARO for doing so.
MASCARO's logo, word marks, design marks, and slogans are either registered and/or unregistered common law trademarks and/or service marks ("marks") of MASCARO. No display or use of such marks may be made without the express written permission of MASCARO.
MASCARO respects the intellectual property rights of others. If you believe that the Website or any other activity taking place on or in connection with the Website constitutes infringement of a work protected by applicable intellectual property laws, please notify us so that we may respond to any such concerns by contacting us at the following address:
MASCARO CONSTRUCTION COMPANY, L.P.
1720 Metropolitan Street
Pittsburgh, PA 15233
You agree to not ship, transfer, or export into any country or otherwise use in any manner the Website in any manner which is prohibited by the United States Export Administration Act or any other applicable export laws, restrictions, or regulations.
Stock Photography and Images
Photographs of individuals on this Website do not necessarily express or imply that the individuals are current clients or employees or are otherwise associated with or endorse the services rendered by MASCARO. Stock photography and images have been duly licensed from their respective sources.
Favorable comments or endorsements from clients quoted on this Website are noted accordingly, but do not guarantee, or otherwise imply, any future outcomes or successes by using the services rendered by MASCARO.
Links to Other Websites
The Website may provide links to the websites or services of third parties. Links to such websites or services do not constitute any endorsement by MASCARO of such third-party websites, or the quality, fitness, suitability, accuracy, or appropriateness of the information, content, materials, products or services which are otherwise presented or made available. YOU AGREE AND ACKNOWLEDGE THAT MASCARO, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE FOR ANY CLAIMS, DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE USE OF ANY THIRD-PARTY WEBSITES OR SERVICES OR FROM THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES PRESENTED BY OR MADE AVAILABLE THROUGH THOSE WEBSITES OR SERVICES.
Representations and Warranties
YOU REPRESENT AND WARRANT THE FOLLOWING: 1) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT, IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANY PARTY, THAT YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO BIND SUCH PARTY TO THE TERMS OF THIS AGREEMENT; AND 2) YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO PERFORM YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Disclaimer of Warranties
THIS WEBSITE AND ALL CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS PROVIDED ON AN "AS IS", "WHERE IS", AND AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF SUCH CONTENT.
MASCARO, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND REPRESENTATIVES, OTHER THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DO NOT WARRANT THAT THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES USED IN CONNECTION WITH THIS WEBSITE WILL BE ACCURATE, TIMELY, RELIABLE, ADEQUATE, USEFUL, SECURE, UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE WILL BE FREE OR VIRUSES OR OTHER HARMFUL OR UNWANTED COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL MASCARO, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MASCARO, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTIES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THIS WEBSITE, OR OTHER ACTION MADE IN RELIANCE OF ANY OF THE FOREGOING. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ANY REMEDY OR ITS ESSENTIAL PURPOSE AND SURVIVE THE TERMINATION OF THIS AGREEMENT.
MASCARO may deliver notice to you by means of e-mail, a general notice on this Website, or by other reliable method to the e-mail and mailing address(es) which you have provided to MASCARO.
Username and Password
If and to the extent the Website offers login functionality: (a) you shall keep your username and password confidential; (b) you are entirely responsible for maintain the confidentiality of your username and password and (c). you shall also notify MASCARO immediately if you suspect any unauthorized use of your account.
You shall indemnify, defend, and hold harmless MASCARO and its partners, directors, officers, employees, agents, service providers, third parties, and each of their respective successors and assigns from and against all losses, expenses, damages and costs, including without limitation reasonable attorneys' fees, resulting from your use of this Website, any violation of this Agreement or any activity related to your account (if applicable) (including negligent or wrongful conduct) by you or any other person accessing the site using your account on this Website or otherwise on your behalf.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Choice of Law and Venue
This Agreement shall be governed by and interpreted in accordance with Commonwealth of Pennsylvania and the United States, without giving effect to any conflict of laws provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in Allegheny County located in the Commonwealth of Pennsylvania. ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of MASCARO to exercise or enforce any right or provision of this Agreement shall not be deemed as a waiver of such right or provision.
Successors and assigns
You will not have the right to assign or transfer your rights under this Agreement to any other person or entity without MASCARO’s prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Website may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under this Agreement.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors or assigns.
The following provisions shall survive the termination of this Agreement and shall apply indefinitely, in addition to any other provisions that are reasonably expected to survive the termination of this Agreement: 1) Intellectual Property; 2) No Export, 3) Links to Other Websites; 4) Representations and Warranties; 5) Disclaimer of Warranties; 6) Limitation of Liability; 7) Severability; 8) Choice of Law and Venue; 9) Waiver; 10) Successors and assigns; and 11) Survival.
All headings contained in this Agreement are inserted for convenience only and are not intended to affect the meaning or interpretation of this Agreement.
Last updated: October 1, 2017