Dated: November 29, 2022
CAREFULLY BEFORE USING THE MASNSPORTS.COM WEBSITE, THE MASN MOBILE APP, OR ITS
SERVICES (collectively, the "Services").
These terms constitute the Agreement between you and The Mid-Atlantic Sports Network (MASN) and its affiliates (collectively, "MASN" or "we" or "us").
Notice Regarding Dispute Resolution: This Agreement contain provisions that govern how claims you and MASN have against each other are resolved (see Applicable Laws, Arbitration, and Additional Considerations Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
SPECIFIC TOPICS COVERED IN THIS AGREEMENT
1. Ownership; Copyrights; Trademarks
3. Restrictions on Use
5. United States Only
6. User Submitted Content; Contests
7. External Sites
8. Indemnity, Disclaimer; Limitation of Liability
9. Applicable Laws; Arbitration; Additional Conditions
10. Provision or Suspension/Withdrawal of the Services
11. California Residents
12. Modification of this Agreement
13. Miscellaneous; Survival
15. MASN's Contact Information
<![if !supportLists]>1. <![endif]>Ownership; Copyrights; Trademarks
The Services are owned by MASN.
Except for User Submitted Content (as defined in Section 6, “User Submitted
Content; Contests” below), all content and materials contained on the Services
("Content") are either owned by or licensed to MASN, and the
applicable owner or licensor retains all rights to the Content. Without
limiting the foregoing, Content includes text, images, photographs, graphics,
illustrations, designs, tools, video, audio, information, data, logos,
software, scripts, copyrights, trademarks, intellectual property, and other
proprietary rights related to the Services.
Images or photographs of people displayed on the Services are either the property of MASN or used with permission. Any use of these images or photographs by you, or anyone else authorized or facilitated by you, is prohibited unless express permission is granted elsewhere on the Services. Any unauthorized use of these images or photographs may violate applicable laws (including but not limited to copyright, trademark, privacy and publicity, communications regulation, and other laws, regulations, and statutes). MASN does not represent or warrant that your use of Content displayed on the Services, whether permitted by this Agreement or otherwise, will not infringe upon the rights of third parties.
The entire collective work of the Content in these Services, including but not limited to design, interfaces, code, and the selection and arrangement of the Content is MASN's property and protected under U.S. copyright and other laws. The collective work also includes works that are licensed to MASN. ALL RIGHTS RESERVED. Copyright 2018.
The trademarks, service marks, word marks, logos and proprietary marks of MASN and MASNSPORTS.COM (individually and collectively "MASN Trademarks") are the exclusive property of MASN. All other trademarks, word marks, logos and proprietary marks which appear on the Services (individually and collectively "Trademarks") are Trademarks of their respective owners (e.g. the Trademarks of the Baltimore Orioles and Washington Nationals are owned by their respective MLB Clubs). Nothing contained on the Services should be construed as granting (expressly or implicitly or by estoppel or otherwise) any right or license to use any MASN Trademarks or Trademarks in any manner without the prior express written authorization by its respective owner. Any use of the MASN Trademarks or Trademarks or other Content, except as provided in this Agreement, is strictly prohibited.
DMCA Copyright Infringement
MASN takes allegations of copyright infringement seriously. If you believe that your copyright or other intellectual property has been infringed by users posting content on the Services, pursuant to Title 17, United States Code 512(c)(2) you may submit a notification in writing to MASN's Designated Copyright Agent as described below. Upon receipt of notices complying with the Digital Millennium Copyright Act ("DMCA"), we will act to remove or disable access to infringing material or material found to be part of infringing activity.
If you believe that your work has been copied in a way that constitutes copyright infringement, you will need to send a signed, written communication to MASN's Designated Copyright Agent with the information listed below. Please consult with your legal counsel and/or see 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act to confirm the following requirements:
<![if !supportLists]>1. <![endif]>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
<![if !supportLists]>2. <![endif]>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services
<![if !supportLists]>3. <![endif]>Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MASN to locate the material (providing URLs will assist us in locating the content described)
<![if !supportLists]>4. <![endif]>Information reasonably sufficient to permit MASN to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
<![if !supportLists]>5. <![endif]>A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
<![if !supportLists]>6. <![endif]>A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Please note that under
Section 512(f) of the DMCA, any person who knowingly materially misrepresents
that material or activity is infringing may be subject to liability.
Please note that MASN may, at our discretion, send a copy of such notices to a third-party for publication or to a third-party who posted the allegedly infringing content. As such, your notification may be forwarded for publication or to such third-party.
If you believe that your content was misidentified as infringing, you may elect to send MASN a counter-notice. If the original claim of alleged infringement was filed with MASN's Designated Copyright Agent under Section 512(c) of the DMCA, your counter-notice is governed by Section 512(g) of the DMCA, and you may send a written communication to MASN's Designated Copyright Agent with the information listed below for it to be effective. Please consult with your legal counsel and/or see 17 U.S.C. Section 512(g)(3) to confirm these requirements:
<![if !supportLists]>1. <![endif]>Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
<![if !supportLists]>2. <![endif]>A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
<![if !supportLists]>3. <![endif]>Your name, address, and telephone number, email address and any username on the Services
<![if !supportLists]>4. <![endif]>A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in Maryland, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person
<![if !supportLists]>5. <![endif]>Your physical or electronic signature
Please note that under
Section 512(f) of the DMCA, any person who knowingly materially misrepresents
that material or activity was removed or disabled by mistake or
misidentification may be subject to liability.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed. MASN may then reinstate the material in question at our discretion. However, please note that in accordance with this Agreement, we reserve the right to remove any content submitted or posted on the Services for any reason or no reason at any time, and MASN reserves the right not to repost any content which has been removed.
MASN’s Designated Copyright Agent
MASN's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement is as follows:
Notification by Mail:
Attn: MASN Legal Department
333 West Camden Street
Baltimore, MD 21201
Notification by Email
Subject: Attn: Legal Department – DMCA Notice of Infringement
For clarity, only DMCA notices should go to the MASN Designated Copyright Agent. All other inquiries not relevant to or not complying with the DMCA procedures will receive no response. If you fail to comply with all of the requirements of the DMCA, your DMCA notice(s) may not be valid. For a complete description of the rights that you have under the DMCA, please refer to the full text of the DMCA or seek independent counsel. Nothing in this Agreement is intended to supplant the requirements and procedures contained in the DMCA. If there is conflict between this Agreement notification policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.
THIS IS NOT LEGAL ADVICE. YOU SHOULD CONSULT YOUR ATTORNEY FOR ADVICE IN SUBMITTING ANY NOTIFICATION AND/OR COUNTER-NOTIFICATION.
<![if !supportLists]>2. <![endif]>Privacy
<![if !supportLists]>3. <![endif]>Restrictions on Use
The Content on the Services
is provided for your personal, general informational purposes and not for
commercial use. Subject to any express terms, conditions or restrictions
relating to specific Content, you may electronically download and print hard
copies of portions of the Services only for your personal, non-commercial use
provided that you also maintain all copyright and other proprietary notices
contained on the Content. Except as set forth in the preceding sentence, MASN's
Content may not be used, reproduced, republished, uploaded, posted,
distributed, copied, transmitted or displayed, or reposted in any manner
without the prior express written authorization of MASN or the copyright holder
identified on the Services. Further, you may not modify, license, create
derivative works from, transfer or sell any Content or software from the Services
without the prior express written authorization of MASN or the copyright holder
identified on the Services. You may not use any Content for public or
commercial purposes or on any other website or mobile application without the
prior express written authorization of MASN.
In addition, without limiting anything else contained in this Agreement, you may not:
<![if !supportLists]>· <![endif]>utilize or exploit the Services for any commercial use
<![if !supportLists]>· <![endif]>solicit for the sale of any product, commercial service, organization or enterprise
<![if !supportLists]>· <![endif]>make any derivative use of the Services
<![if !supportLists]>· <![endif]>download, copy or use account information, if any, for the benefit of any third party
<![if !supportLists]>· <![endif]>use data mining, robots or similar data gathering and extraction tools
<![if !supportLists]>· <![endif]>frame or utilize framing techniques to enclose any Trademark or other proprietary content or information without our prior written consent
<![if !supportLists]>· <![endif]>use any meta tags or other "hidden text" using our name, trademarks or other proprietary content or information without our prior written consent
<![if !supportLists]>· <![endif]>misuse our Services
<![if !supportLists]>· <![endif]>incorporate any portion of the Services or software or compile any portion of it with other programs or otherwise modify, decompile, reverse engineer, tamper with, bypass any security of, create derivative works of, distribute, or license any portion of the Services or the software
<![if !supportLists]>· <![endif]>use harassing or threatening words, symbols or other communication in any manner or form on the Services or use obscene or abusive language on the Services
<![if !supportLists]>· <![endif]>post (or submit for posting), upload, distribute, publish or communicate any libelous, defamatory, obscene, threatening, abusive, fraudulent, deceptive, misleading, illegal, discriminatory or objectionable content
<![if !supportLists]>· <![endif]>post (or submit for posting), upload, distribute, publish or communicate any content which is offensive or otherwise unacceptable to MASN in its sole discretion
<![if !supportLists]>· <![endif]>post (or submit for posting), upload, distribute, publish or communicate any content in violation of a copyright, trademark or other intellectual property right of another
<![if !supportLists]>· <![endif]>post (or submit for posting), upload, distribute, publish or communicate any content which invades the privacy or publicity rights of others, or which may violate the rights of any party, or violate any law, or incite or encourage violence or other criminal offense
<![if !supportLists]>· <![endif]>impersonate others, including but not limited to a MASN employee or representative
<![if !supportLists]>· <![endif]>disrupt, damage or interfere with the operation of the Services
You many not use the Services if you fail to abide by these restrictions or the spirit thereof, as well as the other terms and conditions in this Agreement. Further, you may use the Services only as permitted by law.
<![if !supportLists]>4. <![endif]>Children
No individual under the age of 16 may provide any personal data or otherwise submit personal data through the Services. By accessing, using and/or submitting information to or through the Services, you represent that you are at least age 16.
<![if !supportLists]>5. <![endif]> United States Only
The Services are hosted and intended for use only in the United States. You are responsible for compliance with any local laws if you access or use the Services anywhere else.
<![if !supportLists]>6. <![endif]>User Submitted Content; Contests
MASN does not review all
content and materials posted (or submitted for posting) to the Services or
created by commenters, bloggers, contributors, or users using the Services
(each is individually considered “User Submitted Content”), and MASN is not
responsible in any such User Submitted Content. You acknowledge that by
providing you with the ability to view, comment on content, and upload to the Services,
MASN is merely acting as a passive conduit for such distribution and is not
undertaking any liability or obligation in connection with User Submitted
Content posted to the Services. Notwithstanding the foregoing, MASN reserves
the right to not post (or authorize the posting of), block, edit, modify or to
remove User Submitted Content at any time for any reason, including but not
limited to, if it violates the term of this Agreement or is otherwise in
violation of law. You are solely responsible for any User Submitted Content that
you post (or submit for posting), which information may be made public and may
remain public. You have no right to withdraw your User Submitted Content once
submitted or posted to the Services. Do not post or upload other people's
content without permission.
When you post User Submitted Content to the Services, you grant MASN (and any third party designated by MASN) an irrevocable, royalty-free, transferable, sub licensable, worldwide right and license to use, copy, excerpt, host, store, index, reproduce, publish, cache, tag, encode, display, perform, distribute, modify, transmit, broadcast, commercialize, exploit, create derivative works of and adapt in any form or media now known or hereinafter developed, your User Submitted Content. You acknowledge and agree that MASN may arrange your User Submitted Content in any way we desire, in any location we desire, and that MASN has no obligation to provide you with any credit when utilizing, reproducing, publishing, cashing, displaying, performing, distributing, modifying, transmitting, broadcasting, commercializing, exploiting or creating derivative works of your User Submitted Content. You acknowledge that your User Submitted Content may be published, transmitted, and displayed, by us in a manner you determine is disagreeable to you and you waive any rights you may have against us in connection therewith. By providing the Services with your User Submitted Content, you are consenting to its display and publication on the Services and for related online and offline promotional uses by MASN. MASN and its designees and assignees are free to copy, disclose, distribute, incorporate and otherwise use such User Submitted Content (including, but not limited to all, data, images, sounds, text and metadata in such User Submitted Content), in any manner it so chooses, including for commercial purposes. Further, you are not entitled to any compensation or payment from MASN in connection with any of the foregoing.
MASN may, but is not obligated to, monitor or review any areas on the Services where commenters, bloggers, contributors or users post User Submitted Content to the Services, and MASN shall have no liability in connection with such User Submitted Content. In addition, MASN may offer the use of third party software or services in connection with posting User Submitted Content on the Services and, as stated more fully in Section 7 “External Sites” below, MASN shall have no responsibility or liability in connection with any such third party software or services.
We may change, suspend or discontinue any or all of the Services at any time, including but not limited to the availability of any product, feature, data or Content.
In the event you participate in a contest, give-away or sweepstakes through the Services, the contest shall be governed by our Default Contest Rules, available at: https://www.masnsports.com/contest-rules, and any other Additional Contest Rules provided with the applicable contest, give-away, or sweepstakes (collectively, the “Contest Rules”). The Contest Rules will be posted and available for your review in connection with such contest, give-away, or sweepstakes, and it is your responsibility to review them. To the extent there is any conflict or inconsistency between any Additional Rules, the Default Contest Rule, and the Agreement, the following order of precedence will apply in respect of the Services: (1) the Agreement; (2) the Additional Contest Rules; and (3) the Default Contest Rules.
Please be aware that if you post (or submit for posting) any material, information or other communication (including, but not limited to, personally identifiable information) to the Services, any such material, information or other communication you transmit, upload or post will be considered non-confidential and MASN will have no obligations with respect to such submissions.
<![if !supportLists]>7. <![endif]>External Sites
These Services may contain
links to, or interact with, or be available on, other sites, software, or
services on the Internet that are owned and/or operated by affiliates,
sponsors, advertisers and other third parties, such as social media providers,
including, but not limited to, Disqus, Facebook, Twitter, and Google (the
"External Sites"). MASN has no responsibility or liability for these
External Sites, the content of such sites, or the privacy policies or terms of
use of such sites or other actions of any External Sites or service that may be
enabled within the Services. As such, we are not liable for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance
on any External Sites. It is your responsibility to review their privacy policies
through External Sites, such as social media providers; however, MASN is not
liable for any damage or loss caused or alleged to be caused by or in
connection with the use or reliance on any External Sites, including but not
limited to, social media providers. The links to, interaction with, or
availability of, External Sites are provided for your convenience only and your
access and use of them is at your own risk. Links to, interaction with, or
availability of, External Sites do not imply that MASN sponsors, endorses, is
affiliated or associated with the External Site or its owner(s), nor does it
imply that MASN or you are authorized to use any content, trademark, design,
logo, copyrighted material or intellectual property of the External Site or its
<![if !supportLists]>8. <![endif]>Indemnity, Disclaimer; Limitation of Liability
MASN makes no warranties or
representations about the accuracy or completeness of these Services. These Services,
the operation of the Services, and the Content, materials, and information,
including software, are provided "AS IS" and without warranties of
any kind, express or implied and on an "AS AVAILABLE" basis. You
expressly agree that your use of the Services is at your sole risk. To the
fullest extent permissible by law, MASN disclaims all warranties, express or
implied, including, but not limited to implied warranties of merchantability
and fitness for a particular purpose, non-infringement, freedom from computer
virus, and warranties arising from course of dealing or course of performance.
MASN does not represent or warrant that the functions contained in the Services
will be uninterrupted or error-free, that defects will be corrected, or that these
Services or the server(s) that make the Services available are free of viruses
or other harmful components. Moreover, MASN makes no representations or
warranties regarding the use of the Services or Content in terms of its
accuracy, completeness, timeliness, reliability, or otherwise. YOU ACKNOWLEDGE
THAT ANY RELIANCE UPON ANY CONTENT ON THE SERVICES SHALL BE AT YOUR SOLE RISK. Further, WE make no commitment to update the SERVICES
or any content CONTAINED ON THE SERVICES.
To the fullest extent permissible by law, we are not liable for any damages of any kind arising from the use of the Services or from any materials, information, content, products (including software), or other services included on or made available to you through the Services, including but not limited to, any direct, indirect, incidental, punitive and/or consequential damages or any damages whatsoever, even if we have been previously advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
To the maximum extent permitted by law, the total liability of MASN, for any claim, cause of action, or dispute, arising out of or relating to your use of these Services or this Agreement, including but not limited to for any implied warranties, is limited to one thousand dollars (US $1,000.00).
<![if !supportLists]>9. <![endif]>Applicable Laws; Arbitration; Additional Conditions
Please read this Carefully. We want you to know how it affects your rights.
If you choose to visit or use the Services, your
access and use of the Services is subject to this Agreement. Your use of these Services
shall be governed in all respects by the internal laws of the State of Maryland
without regard to its conflict of laws principles. Any cause of action, claim
or dispute you may have arising out of or relating to the or this Agreement
must be commenced within one (1) year after the claim or cause of action or
dispute accrues or it is forever barred. We make no representation or warranty
that materials or services on the Services are available for use, and access to
them from locations or territories where their content is illegal is
prohibited. If you choose to access these Services from locations outside
Maryland, you do so on your own initiative and you are responsible for
compliance with applicable local laws.
Initial Dispute Resolution.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. Any claim, cause of action, or dispute arising out of or relating to your use of these Services or this Agreement, shall be resolved through final and binding arbitration in the State of Maryland and you waive any right to claim that such location is an inconvenient forum. you are giving up the right to litigate a dispute in court before a judge or jury. The arbitration shall be conducted under the auspices of the Judicial Arbitration and Mediation Services, Inc. (the "JAMS"), on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, MASN will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and MASN will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver
You and masn agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us waives any right to file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of you, MASN, and any other parties to the arbitration or proceedings.
Exception - Small Claims
As an exception to this arbitration agreement, MASN is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction, whether or not you discussed with us informally first, as long as you proceed on an individual basis.
30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the following address: MASN (attn: Arbitration Request), 333 W. Camden Street, Baltimore, Maryland 21201. The notice must be sent within thirty (30) days of registering to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, MASN also will not be bound by them.
Exclusive Venue for
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Maryland (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Maryland for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Maryland for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Maryland over any litigation arising in connection with, out of, or as a result of (a) this Agreement or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with this Agreement or the Services.
This agreement to arbitrate will not preclude you or MASN from seeking provisional remedies in aid of arbitration, including without limitation, orders to stay a court action, compel arbitration or confirm an arbitral award from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or MASN from seeking a temporary restraining order, preliminary injunction or other interim relief as necessary or seeking relief to enjoin infringement or other misuse of intellectual property rights.
<![if !supportLists]>10. <![endif]>Provision or Suspension/Withdrawal of the Services
You understand and agree
that: (a) the Services may change from time to time without notice to you. Any
new feature that augments, enhances or modifies the current Services is subject
to this Agreement; (b) we may decline to provide access to the Services or stop
(permanently or temporarily) providing the Services (or any feature, program or
content within the Services) to you or other users at our sole discretion,
without notice or liability to you; and (c) if we disable access to your
account, you may be prevented from accessing the Services, your account
details, or any files or other content which are contained in your account.
<![if !supportLists]>11. <![endif]>California Residents
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following information: The provider of the Services is The Mid-Atlantic Sports Network (MASN), located at 333 W. Camden Street Baltimore, Maryland 21201.
To file a complaint
regarding the Services or to receive further information regarding use of the
"California Resident Request" as the Subject Line. In addition to the
information provided in this Agreement, the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North market Blvd, Suite N 112, Sacramento
CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
<![if !supportLists]>12. <![endif]>Modification of this Agreement
We will notify you of
changes to this Agreement by posting the amended terms on the Services and
providing any advance notice required by law. If you have provided us with your
email address, we will also notify you of material changes to this Agreement that
affect your substantive rights by sending an email before the effective date of
such changes to the email address you most recently provided to us. We
encourage you to keep the email address you provide to us current, and to
promptly notify us of any changes to your email address, so that you may
receive any notices we send to you regarding material changes to this
Agreement. If you do not agree to the new terms, you should stop using the
Services. Otherwise, the new terms will take effect on the date listed in the
notice we provide.
MASN reserves the right to change, at any time, this Agreement and any additional terms and conditions contained on the Services by posting an amended Agreement on the Services. Your use of the Services after such amended Agreement is posted will constitute your acceptance of the amended Agreement. You are responsible for regularly reviewing the Agreement on the Services and for reviewing any changes. Unless otherwise stated in this Agreement, the then current Agreement will apply to use of the Services.
<![if !supportLists]>13. <![endif]>Miscellaneous; Survival
MASN's failure to insist
upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right, nor shall trade practice
act to modify any of these terms and conditions. We may assign our rights and
duties under this Agreement to any party at any time without notice to you.
Even if you stop using the Services or this Agreement terminates, it will not limit any of MASN's rights or remedies, and any other provision of this Agreement that by its nature should survive in order to give proper effect to the intent and purpose of this Agreement, including but not limited to Section 1 “Ownership; Copyrights; Trademarks”, Section 8 “Indemnity, Disclaimer; Limitation of Liability”, and Section 9 “Applicable Laws; Arbitration; Additional Conditions”.
<![if !supportLists]>14. <![endif]>Severability
If any provisions of this Agreement are deemed unenforceable or invalid by a court decision, arbitration decision, statute, rule, or are otherwise rendered invalid, the remainder of this Agreement shall be considered severable and will not be affected by any such unenforceability or invalidity, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the unenforceable or invalid provisions.
<![if !supportLists]>15. <![endif]>MASN’s Contact Information
Please feel free to contact
us with any general comments or questions you might have regarding this
Agreement. In doing so, you acknowledge and agree that the information you
submit to us is not confidential or proprietary information. By contacting us,
you consent to receive communications from us, including but not limited to,
electronic email or text messages. If at any time you wish to stop receiving
email or text messages, you will have the option to opt-out of receiving (a)
email by clicking the link in any email from MASN or (b) text messages by
texting STOP after receiving any text from MASN. You also may opt-out of
Our address is:
333 W. Camden Street
Baltimore, Maryland 21201