By using this site, www.mosaictec.com, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material changes to these terms. If at any time you choose not to accept these terms and conditions of use please do not use this site.
Scope of Terms and Conditions
These terms and conditions (“Terms”) apply to your use of this and other websites and services owned or operated by Mosaic Technology, Corp. a New Hampshire corporation (hereafter “Mosaic”, “We” or “Us”), and any other site that we may own or operate in the future (collectively, “the Site”). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which the Site only links.
Restrictions on Use of Materials
The contents of this site are protected by national and international copyright and trademark laws, and are the property of Mosaic. You may access the materials located within the Site only for your personal use, so long as you don’t change or delete any trademark, legend or copyright notice. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site.
Linking to our Website
You may link only to the homepage of the Site. Links to other pages of the Site may only be established after obtaining our written permission.
We grant you a limited, non-exclusive, non-transferable, revocable, royalty-free license to use our service mark and Internet icon(s), if available, for the sole purpose of serving as a link from your web site to the Site. You may not use our trademarks or service marks for any other purpose.
If you link to the Site you agree not to:
•create frames around the Site or use otherwise alter the visual presentation of the Site;
•imply that we are endorsing you or your products and services;
•imply an affiliation between you and us without our prior written consent;
•present false or misleading impressions about our products and services;
•include materials that may be interpreted as distasteful or offensive.
You agree to remove any links you have to the Sites upon our request.
Links on our Website
These terms and conditions apply only to the Site, and not to the sites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to those sites’ administrators or webmasters.
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER MOSAIC NOR ANY OF ITS RESPECTIVE LICENSORS, AFFILIATES, OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MOSAIC OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MOSAIC NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL MOSAIC OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE MOSAIC SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY MOSAIC OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
You agree to defend, indemnify and hold harmless Mosaic its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise with your use of the Site, transmission of all communications on the Site or from your violation of applicable law.
mosaictec.com, our logos, and product and service names are registered trademarks or service marks (“Site Marks”). You agree not to display or use in any manner the Site Marks without our prior written permission.
These terms will be governed by and construed in accordance with the laws of the State of New Hampshire and the United States of America, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, you agree that any action related to or arising out of these terms will be filed only in the courts of the state of New Hampshire, USA and you consent to the jurisdiction of those courts.
In the event you breach or threaten to breach these Terms, you acknowledge and agree that Mosaic may be greatly and irreparably harmed and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, which regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief either in law or equity.
If any provision of these Terms is held to be unenforceable, this will not affect the validity of the other provisions. These Terms constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to the Site and the information contained therein, and supersedes all other agreements with respect to the subject matter hereof.
These Terms are for the benefit of Elavon, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
These Terms may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.