Terms and Conditions

Please carefully read the representations, warranties, conditions, covenants and agreements set forth below in this Terms of Service end user license agreement (the “Agreement”) as they contain the legal terms that govern Your use of MASC, LLC’s (“MASC”, “We”, “Us” or “Our”) social networking service known as MASC (“MASC”) and the App (as defined below). This Agreement is a binding contract between you (“You”, “Your” or the “User”) and MASC and it explains Your rights and obligations when you use the MASC website and/or Phone Apps (the “Services”)

BY CLICKING “AGREE TO TERMS OF USE AND PRIVACY POLICY” AS PART OF THE INSTALLATION AND SET-UP, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT IN CONNECTION WITH YOUR USE OF BOTH THE WEBSITE AND APP. IF YOU DO NOT CLICK “AGREE TO TERMS OF USE” AND PRIVACY POLICY”, YOU SHALL REFLECT THAT YOU DO NOT AGREE WITH THIS AGREEMENT AND YOU WILL NOT HAVE ACCESS TO THE SERVICES.

YOUR CONTINUED USE OF THE SERVICES EACH MONTH WILL CONFIRM YOUR AGREEMENT AND ACCEPTANCE OF THE THEN CURRENT TERMS OF USE, PRIVACY POLICY AND PRICING STRUCTURE FOR SERVICES AS THE SAME ARE MODIFIED FROM TIME TO TIME.

Services

Upon subscription of service, we hereby grant to you a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for your non-commercial use. You shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services, nor make any claim that you have such right. The services provided by us hereunder allow you to make and receive calls and text and MMS messages and send emails via a MASC assigned email address (collectively, the "Services") using a telephone number that we own and control and make available to you for your use while you are subscribing to our Services. Unless explicitly stated otherwise, any new features provided by us that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. We shall not have any responsibility or liability for any communications, information, content and/or materials (collectively, "Content") that you submit to the Service and you assume all such responsibility and liability. We have no obligation to monitor the Service, but we retain the right to do so, as well as to take any action to satisfy any law, governmental request, or to protect us and/or the Service. We shall have no responsibility for the transmission or deletion of your Content. We have the right to restrict termination to any telephone numbers at our sole discretion. These may include, but are not limited to, certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services. You can add as many phone numbers as you wish. Each phone number will incur an additional fee as outlined in the application store (in-app purchases) or on MASC.COM. You may cancel any phone number at any time, but will not receive any credit for the unused portion of the current period of service. If you cancel a number, you have the option to keep that phone number reserved for you and not released for re-issue for a prepaid six month or twelve month period, with the option to renew as many times as you wish. You will also receive an email address for your use, as part of your service subscription that is available for access only through the MASC application.

No Emergency or 911 Service

You acknowledge and understand that MASC does NOT allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. MASC is not intended to replace your primary phone service, such as traditional landline or mobile phone.

Acceptable Use

You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. You represent and warrant that you shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or violate any local, state, or federal laws. Further, you will abide by all rules, regulations, procedures and policies of MASC and any policies of the networks connected to the Services. You represent and warrant that you will abide by all applicable local, state, national, foreign and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. Normal Use. MASC is designed for individual use in social and business settings. Normal usage is considered less than 2 hours per account per month for voice communications, 800 inbound/outbound text messages. Customers with continued use in excess of the normal usage amounts per account may be offered a different plan to fit their specific needs or other options at the sole discretion of MASC. Customers with excessive or non-acceptable usage may have their service limited or terminated at any time at the sole discretion of MASC.

Coverage

Your monthly MASC subscription includes calls to the 50 States (this excludes special, premium, service and non-geographic numbers). Calls to U.S. Virgin Islands, Guam and Puerto Rico are not included and may incur additional charges and/or termination of your account at the discretion of MASC.

Payment for Services; Contract Period; Data Retention and Restoration

We will charge you the rates in effect under your plan as published on www.MASC.com, plus any enhanced service charges and/or taxes at the time of subscription. Such rates may be updated by us from time to time and will be effective when published on www.MASC.com. Some charges (such as, but not limited to, surcharges) may accumulate in your account before you are charged for such amounts, or such amounts may be charged to you as incurred. Some parts of services will be billed through the In-App Purchases through your smart phone application center. Other services will require setting up a payment account online at MASC.com. Your billing cycle starts on the day the subscription purchase is successfully processed. You agree that all payments will be made to us by credit card, issued by a US bank, or by ACH draft of a US bank account, or PayPal. We may change the credit cards accepted at any time, at our sole discretion. Your name and address as it appears on your account must also be on the credit account from which Payment is made. If you provide a credit card number that we accept for payment of your monthly bill, you are authorizing us to charge the amounts you owe, then or later, to that credit card account and to demand immediate payment from the card issuer. Every time you use our Services, you re-affirm that we are authorized to charge your card. You agree to authorize us to charge purchases made online to the credit card account supplied to us when the subscription was initiated, or the card that we have on file when the purchase is made. You agree to pay all costs and expenses, including without limitation attorney's fees, incurred us to collect any monies due under terms of this Agreement.

Services are provided on a month-to-month basis and can be cancelled by you at the end of the current month billing period. When you terminate service we will retain all of your communications and other data for 60 days. You may reactivate your service within the first 30 days of termination without charge, have your data restored and retain your MASC telephone number. You may reactivate your service between the 31st day after termination and the 60th day, and have your data restored, by payment of the then reactivation fee posted at www.MASC.com, but you will be required to select a new MASC telephone number (unless you have opted to reserve your telephone number at the then fee for such reservation service). On the 61st day after you terminate, all of your data (except your account data you provided to us for billing and providing of the Services) will be deleted.

Proprietary Rights

We shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers provided as part of the Services. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. You may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by us.

Registration; Passwords and Privacy

In registering for the Service, you agree to provide and maintain accurate and complete information about yourself. In registering, you will designate a phone number or phone numbers, email address and password and are responsible for maintaining the confidentiality of these items. If you provide data that is, or that we suspect to be, false, inaccurate, incomplete or not current, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. You agree to enter registered private telephone numbers and email address(es) that are controlled by or under the common control of you. If we find any registered private telephone and/or email address information that we suspect to be, false, inaccurate, not current or otherwise not under your control, we have the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. We respect your privacy. Please refer to the MASC Privacy Policy for more details. This policy, which may be updated from time to time by MASC at its discretion, is incorporated into these terms and conditions by this reference.

Modification of Service

During the term of this Agreement, we may modify or discontinue the Services at any time and with or without notice to you. You agree that we shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of voice mails, communications, e-mail, text messages, photos, data or information as a result of, or arising out of, administration of the Services, whether or not you are given prior notice thereof. You are responsible for creating a back-up copy of any important or critical information that is stored on the Services. We shall not be responsible or liable in any way for any information or data loss in connection with the Services. Number porting. MASC does not support number porting. If you cancel your service, your old number may be made available to other customers after a period of time determined by us.

Termination of Service

To maintain or improve the Services, to prevent fraud, for non-payment, or for any other reason determined by us, at our sole discretion, we may restrict, suspend, terminate or modify your service with or without notice. Upon any termination in accordance with the foregoing, we may immediately deactivate or delete your account and all related information and files in your account reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or Services. We shall not be liable to you or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.

Indemnity

You agree to defend, indemnify and hold harmless us, our directors, officers, employees, agents, vendors and affiliates from and against any and all claims, losses, liabilities (including attorney fees), damages, costs and expenses, in any way arising from or related to your use of the Service, your violation of this Agreement or your communication of any Content on or through the Service.

DISCLAIMER OF WARRANTIES. WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, ANY WARRANTY REGARDING CONTENT OR ACCESS TO THE SERVICE, AND ANY WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SERVICE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR ANY OF OUR MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE OR THE CONTENT WHETHER ARISING AT LAW OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration Agreement; Class Wavier; Waiver of Trial by Jury

The laws of the state of New Mexico, excluding its conflicts-of-law provisions, shall govern the interpretation and enforcement of this Agreement. You expressly agree that exclusive jurisdiction and venue for any claim or dispute relating to your use of the Service shall be by MANDATORY BINDING ARBITRATION held in Albuquerque, Bernalillo County, New Mexico. By agreeing to arbitration, you are waiving your right to seek relief in a court of law.

Applicability of Arbitration Agreement. You acknowledge and agree that any dispute or claim relating in any way to your use of MASC, its website, application or services, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Notwithstanding the foregoing, you agree that you will not bring any class action claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

Waiver of jury trial. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

Commencement of Arbitration Proceeding. To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to MASC, LLC, PO Box 6584, Albuquerque, NM 81797-6584. The arbitration will be conducted pursuant to the rules of the American Arbitration Association, https://www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by those rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Albuquerque, Bernalillo County, New Mexico.

No Class Actions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

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