This Agreement was last updated on 7/23/18.
BY ACCESSING OR USING THIS SITE YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT ACCESS OR USE This Website.
1. The phrase “our website” or “this website” refers to http(s)://mackmedia.us, http(s)://mackmediallc.com, and http(s)://websitemaintenance.us including: all sub-pages, all sub-domains, and any associated web-based and mobile applications (collectively, “Website”) owned and operated by Mackmedia, LLC.
2. The terms “we”, “us”, “our”, “Mackmedia”, “Mackmedia Website Solutions”, “Mackmedia Website Maintenance”, “Website Maintenance”, “Mackmedia.us”, “mackmediallc.com”, and “websitemaintenance.us” shall be used interchangeably and shall refer to Mackmedia, LLC, a Tennessee Limited Liability Company, its affiliates and/or Our subsidiaries and any person or entities associated with Mackmedia, LLC.
3. A “visitor” is someone who merely browses Our Website, but has not registered as a Member.
4. A “member” or “client” is an individual that has registered with US to use Our Service.
5. Our “service” or “services” represents the collective functionality and features as offered through Our Website to Our Member.
6. A “user” or “users” is a collective identifier that refers to either a Visitor or Member.
7. All text, information, graphics, audio, video, and data offered through Our Website are collectively known as Our “Content”.
8. “Professional Service” or “Professional Services” are defined as any Service in which We quote, invoice and bill a Client.
Our Website may contain Our service marks or trademarks as well as those of Our affiliates or other companies, in the form of words, graphics, and logos. Your use of Our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of Our Website is strictly prohibited. Your use of Our Website does not grant you ownership rights of any kind in Our Website.
Mackmedia, LLC respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Mackmedia, LLC has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Mackmedia LLC’s Designated Agent a notice containing the following elements:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that HFT can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent:
Copyright Compliance Department
11205 Lebanon Road
Mt. Juliet, TN 37122
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING MACKMEDIA, LLC OR ITS COUNSEL THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO HFT’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED ON THE CONTACT PAGE OF OUR WEBSITE.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, We do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within Our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Mackmedia, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in Tennessee, U.S.A., and shall be governed by and construed in accordance with the laws of Tennessee, U.S.A., without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of the state and federal courts in Davidson County, Tennessee and the Middle District of Tennessee. Any cause of action by you with respect to Our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of Our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in Our Website conflicts or is inconsistent with Our Legal Terms, Our Legal Terms shall take precedence. Our failure to enforce any provision of Our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Mackmedia, LLC under Our Legal Terms shall survive the termination of Our Legal Terms.
Right to Refuse Service
We reserve the right to refuse to do business with you. We have the right to terminate your Services and give you any applicable refunds, at any time and for any reason.
Operating Hours and Vacation Policies
Our standard operating hours are from 10am-4pm (Central Time), Monday through Friday.Our staff may, on occasion, attend company-wide vacations or outings. During this time, Our offices may be closed.
We reserve the right to refuse Professional Services at any time.
For all Services, including Professional Services, We reserve the right to construct your website on any technology stack and software platform We deem appropriate. If We believe this will not benefit you, We will discuss it with you accordingly.
Non-payment for hourly or project based work
In the event that you agree to have Mackmedia, LLC perform project or hourly based work on your website, and then fail to pay for completed work within fourteen (14) days of completion, We reserve the right to disable your site until payment is rendered in full.
Limitation of Liability
IN NO EVENT SHALL THE MAXIMUM LIABILITY OF MACKMEDIA, LLC EXCEED THE TOTAL FEES COLLECTED FOR OUR SERVICES.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MACKMEDIA, LLC, ITS AFFILIATES AND SUBSIDIARIES, ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS, AND ALL OF THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST MACKMEDIA, LLC, ITS AGENTS, ITS OWNERS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MACKMEDIA, LLC AGAINST LIABILITIES ARISING OUT OF:
1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED, OR SERVICES RENDERED BY YOU, IN CONNECTION WITH MACKMEDIA, LLC SERVERS;
2. ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
3. ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM MACKMEDIA, LLC SERVERS;
4.ANY VIOLATION OF THE LEGAL TERMS; AND/OR
5. ANY BREACH OF SECURITY WITH RESPECT TO CUSTOMER CREDIT CARDS OR PERSONALLY IDENTIFIABLE INFORMATION.
MACKMEDIA, LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MACKMEDIA, LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MACKMEDIA, LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MACKMEDIA, LLC AND ITS EMPLOYEES.