Disclaimer 2018-09-10T12:16:48+00:00

Disclaimer

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://misterback.com (the “Site” ), you agree to abide by these Terms of Use, as they may be amended by Misterback from time to time. Misterback will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.

2. PRIVACY POLICY. Misterback respects your privacy and permits you to control the treatment of your personal information. Misterback is committed to respecting the privacy rights of its visitors and users of this website (the “Site”). We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the Site, and to demonstrate a commitment to fair information practices and the protection of privacy.

2.1 INFORMATION COLLECTION PRACTICES
2.1.1 WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?
(a) Categories of Personally Identifiable Information. We collect personally identifiable information from you only if you sign up for a newsletter or contact us including:
– Your name
– Your email address
– Message details you send with inquiries.
(b) Modification or Removal Process. Please contact us if you wish to modify your information.
(c) Privacy Policy Modifications and Updates. We may update and modify this Privacy Policy. If we modify or update the policy, we will post a notice on the Site for 30 days prior to the change going into effect.
(d) Effective Date: The effective date of this privacy policy shall be December 1, 2017.
(e) Do Not Track Signals. We do not currently honor “do not track” signals issued by browsers or other third party sources.
(f) Third Party Tracking: As a matter of transparency, we’ve decided to disclose to you whether third parties can acquire and track your personally identifiable information through our website. Google and other sites can track you through this Site as we use their services for social media and infrastructure purposes. Google participates in the NIA opt out program.
2.1.3 WHAT ADDITIONAL INFORMATION DOES MISTERBACK COLLECT?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous aggregate “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(b) COOKIES. We may use “cookies” to store a small piece of data on your computer during your visit to collect information. The cookies are used to gain information on how you use the web, which we try to incorporate into the Site to improve your experience.

3. USE AND SHARING OF INFORMATION
3.1. WHAT DOES MISTERBACK DO WITH COLLECTED INFORMATION?
(a) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us or to comply with the law. Examples of such services include, but are not limited to, third parties providing email facilitation and hosting. However, please note that if you leave the Site and purchase a product or service we promote, the company you purchase from will notify us of the purchase as well as certain identifying information for you. We do not share this information with others.
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis. Your personal information will not be detailed in this aggregate data.
(c) USE OF COOKIES. We use information obtained from cookies to analyze your use of the Site and to make appropriate adjustments.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Website, (2) protect and defend the rights or property of Website or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell our Website , including the information collected through this Site.If Misterback is acquired by a third party, your personally identifiable information will be one of the assets transferred to the acquirer.

4. SECURITY
The Site has reasonable security measures in place such as Secure Sockets Layer protocols to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

5. SITE AREAS BEYOND COMPANY’S CONTROL
5.1. THIRD PARTY WEBSITES
The Site contains links to and interfaces with third party websites and online platforms. These websites and online platforms have established their own terms of use and privacy policies. You are encouraged to read those documents as we have no control over their provisions and said documents may differ greatly from our terms and privacy policy.

6. CONTACT INFORMATION AND POLICY UPDATES
6.1. CONTACTING US
If you have any questions about this Policy, our practices related to this Site, please use the contact form for the Site. You can locate it by clicking the “Contact” link in the header of the Site.

7. AGE. The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the access of any such person shall be terminated upon discovery.

8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site , you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

9. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Misterback intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

9. ALLEGED VIOLATIONS.Misterback reserves the right to terminate your use of the Site. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Misterback or its representatives may block your access on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Misterback does not intend to disclose the existence or occurrence of such an investigation unless required by law, but it reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Misterback believes that you have violated any of the Terms of Use, furnished Misterback with false or misleading information, or interfered with use of the Site by others.

10. NO WARRANTIES. MISTERBACK HEREBY DISCLAIMS ALL WARRANTIES. MISTERBACK IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISTERBACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. MISTERBACK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. AFFILIATED SITES.Misterback has no control over, and no liability for any third party websites or materials.Misterback works with a number of affiliates whose Internet sites may be linked with the Site. Misterbackis a participant in the Amazon Services LLC Associate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon. Because the Site has no control over the content and performance of these affiliate sites, it makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Misterback assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Misterback makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES. Misterback imposes certain restrictions on your permissible use of the Site . You are prohibited from violating or attempting to violate any security features of the Site , including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Misterback in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify Misterback for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Misterback, its officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, of any intellectual property or other right of any person or entity. Misterback will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of Site are: Copyright © Misterback. All rights reserved.

15. SEVERABILITY; WAIVER. If for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Misterback or by any third party.

17. AMENDMENTS. Misterback reserves the right to amend these Terms. Should Misterback seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:

(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.

(b)Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.