Terms of Use
INTRODUCTION
These Terms of Use (“Terms”) apply to https://www.mastoloni.com (the “Website” or “Site”). This Site is operated by Frank Mastoloni and Sons, Inc. (“Mastoloni”). Throughout the Site, the terms “we,” “us” and “our” refer to Mastoloni. Mastoloni offers this website, including all information, tools and services available from this Site, to you, the User, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to be bound by these Terms of Use and all applicable laws and regulations governing the Site. Mastoloni.com (“Mastoloni”) reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
TERMS DO NOT APPLY TO SOFTWARE, PRODUCT OR SERVICE OFFERINGS
These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
Mastoloni is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item.
PERMITTED USE
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Mastoloni.
USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
REGISTERING WITH MASTOLONI.COM
In order to take advantage of certain features on the Site, you may be required to register with Mastoloni. For example, you may be required to register with Mastoloni if you want to set up a "Mastoloni" account, where you can save your favorite business profiles, receive discount offerings or other information from Mastoloni. You may also be required to register to receive newsletters with local event information from Mastoloni. Mastoloni’s use of any personal information that you provide to mastoloni.com during any registration process is governed by the Mastoloni.com Privacy Policy.
LINKS AND SEARCH RESULT
The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Mastoloni has no control over these sites or the content within them. Mastoloni cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Mastoloni does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Mastoloni for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify webmaster@mastoloni.com and Mastoloni will investigate your claim and take any actions Mastoloni deems appropriate at our sole discretion.
OFFLINE CONDUCT
Although Mastoloni cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Website pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Website without the prior expressed written permission of Mastoloni.
UNAUTHORIZED USE OF THE SITE
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
CHILDREN
You may not use the Site if you are under sixteen (16) years of age.
VIOLATION OF THESE TERMS OF USE
You agree that monetary damages may not provide a sufficient remedy to Mastoloni for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS
Mastoloni does not promise that the Site will be error-free or uninterrupted, or that it will provide specific results from use of the Site or any content, search, or link on it. The Site and its content are delivered on an "as-is" and "as-available" basis. Mastoloni cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Mastoloni disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Mastoloni will not be liable for any damages of any kind arising from the use of this Site, including, without limitation, direct, indirect, incidental, and punitive and consequential damages.
Mastoloni disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Mastoloni users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Mastoloni is not responsible for the products, services, actions, or failure to act of any third-party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Mastoloni at webmaster@mastoloni.com. Mastoloni may investigate the claim and take appropriate action, at its sole discretion.
DISPUTES
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York.
INDEMNITY
You agree to indemnify and hold Mastoloni, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.