Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

This Site is owned and operated by Marcone Servicers Association, LLC (“MSA”). MSA is dedicated to improving the industry by providing the best in hands-on technical and business training from the people who’ve been there – whether vendor, distributor or customer. More than a resource, MSA provides a true community of learners, leaders and experts. For the most part www.MSAWorld.com (the “Site”) is all about our industry and camaraderie. For the protection of our partners, suppliers, you and us, however, the Terms of Use are very important.
These Terms of Use apply to your access to, and use of, the Site and your use of any services provided on or through this Site (the “Services”). However, these Terms of Use don’t alter in any way the terms or conditions of any other agreement you may have with MSA. Your use of the Site and the Services is expressly conditioned upon your agreement to these Terms of Use. You consent to our communicating with you about the Site, the Products and the Services by email and/or system messages, and if necessary, by regular mail or telephone.
MSA reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time in its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.
A. GENERAL TERMS
 

1. Privacy

Please refer to the Site’s Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we store and process your personal information on computers located in the United States.
 

2. License Agreement

MSA’s Site enables any person or entity who owns or is otherwise authorized to license literary content (“Text”), photographs or images of any sort (“Images”), music or audio files (“Sound”), or video with or without sound (“Videos”), collectively referred to herein as “Media” (the “Content Owner”) to post such Media on the Site. By posting any Media, Content Owners agree to be bound by and accept the terms and conditions set forth in Section D below, which are a part of these Terms of Use.
 

3. Copyright and Limited License

The Site and all Media, text, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the “Site Materials”) are the property of MSA or its licensors or users and are protected by United States and international copyright laws.
MSA grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with MSA. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:
a. the collection, copying or distribution of any portion of the Site or the Site Materials;
b. any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
c. modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
d. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
e. with the exception of your own Media, or others’ Media available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
f. any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of MSA or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
 

4. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, MSA has adopted a policy of terminating, in appropriate circumstances and at MSA’s sole discretion, account holders who are deemed to be repeat copyright infringers. MSA may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
 

5. Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
 
Designated Agent:
John Mahoney
Address of Designated Agent:
One City Place, Suite 400
St. Louis, MO 63141
E-mail Address of Designated Agent:
john.mahoney@marcone.com
 

6. Trademarks

“MSA”, the MSA logo, the look and feel of the Site, and any other product or Service names, logos or slogans of MSA contained in the Site are trademarks of MSA (collectively, the “MSA Marks”) and may not be copied, imitated or used without the prior written permission of MSA. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
 

7. Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray MSA or any of its Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by MSA at any time. Further, you may not frame the Site without MSA’s express written consent.
MSA makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. MSA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.
 

8. Third Party Content

MSA may host third party content on the Site (“Third Party Content”) solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by MSA of any Third Party Content. MSA makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
 

9. Advertisements and Promotions; Third Party Products and Services;

MSA may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and MSA does not endorse, approve, or control any such products, services, advertising or promotions. MSA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.
 

10. User Content

The Site includes discussion forums or other interactive areas in which you or other users may post or transmit Text, Images, Sound, Videos, messages, information or other content or materials (collectively, “User Content”). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:
a. User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation Images, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of MSA, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose MSA or its users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use, MSA does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.
Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at MSA’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
Although MSA has no obligation to screen, edit or monitor any of the User Content posted on the Site, MSA reserves the right, and has absolute discretion, to remove, screen or edit any User Content hosted on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you host on the Site at your sole cost and expense.
You retain the copyright in any User Content you post on the Site. MSA neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant MSA a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content and provide the Services.
You understand and acknowledge that any User Content contained in public postings will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. MSA will not be responsible or liable for any third party access to or use of the User Content you post. MSA provides limited security options and settings for your content and you should read and understand them all.
You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
 

11. Your Account.

Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form (“Registration Data”) is complete and accurate. MSA reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as MSA may send important notices about your account or the Services to that email account.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect MSA’s systems and customers, or to ensure the integrity and operation of MSA’s business and systems, MSA may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that MSA’s right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of MSA. For information regarding other ways that MSA may use or disclose your Registration Data, please see the MSA Privacy Policy.
 

12. Account Security

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify MSA of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to MSA.

13. DISCLAIMER OF WARRANTIES

THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MSA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.

MSA DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM MSA OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MSA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT. MSA ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL MSA OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MSA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MSA’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MSA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MSA FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Indemnity

You agree to defend, indemnify and hold harmless MSA and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Site, your use of or inability to use the Site, the User Content, the Site Materials or the Services, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
 

16. Applicable Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Missouri applicable to agreements made and to be entirely performed within the State of Missouri, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Saint Louis County, Missouri and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
 

17. Severability

If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.