Updated November 20, 2016
Master Services Agreement
The Company’s Proprietary Rights
All trademarks, logos, trade dress, product names, service names, and service marks on the @Mssg Website and the @Mssg Service are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
We respect the intellectual property rights of others. The Company does not permit copyright infringing activities and infringement of intellectual property rights in connection with the @Mssg Service and the Company will remove any content from the @Mssg Service if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting us at firstname.lastname@example.org and providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Use of the @Mssg Website and the @Mssg Service is also governed by our https://app.atmssg.com/privacy_policy, which is incorporated into this Agreement by this reference.
Links to Other Websites
The @Mssg Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or @Mssg Service available on or through any such site or resource. If you purchase goods and services on such sites or resources or otherwise engage in commerce activities with the third parties operating such sites or resources, you acknowledge and agree that the Company is not a party to any such transaction or commerce activity, and any recourse you may have with respect to such transaction or commerce activity shall we be exclusively with the third parties operating such sites, and not with the Company. The Company specifically disclaims any and all responsibility or liability in conjunction with any such transaction or commerce activity, including any responsibility to provide customer service or support or otherwise intervene with such third parties.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the @Mssg Service in violation of this Agreement or your violation of any law or the rights of a third party.
Governing Law and Venue
To the extent you have in any manner violated or threaten to violate the Company’s or any of its affiliates’ proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of the District of Columbia.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please see our https://app.atmssg.com/privacy_policy to understand more about using the @Mssg Service outside the United States.
Term and Termination
The Company may also in its sole discretion and at any time modify or discontinue providing the @Mssg Website and/or the @Mssg Service, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any termination of your access to the @Mssg Website and/or the @Mssg Service.
This Agreement and our https://app.atmssg.com/privacy_policy will remain in effect following the termination of the @Mssg Website and/or the @Mssg Service. Further, the Company may continue to store and use any data or information about you previously provided or collected by the Company, in accordance with the terms of the https://app.atmssg.com/privacy_policy