Terms of Service

Welcome to Mashbord, a service being provided to you by Mashbord, inc. ("Mashbord"). By accessing or otherwise using Mashbord you agree and acknowledge to be bound by these Mashbord Terms of Service ("Mashbord Terms"). If you do not agree to these Mashbord Terms or to our Privacy Policy located at http://mashbord.com/privacy-policy, please do not access Mashbord. Mashbord reserves the right to change these Mashbord Terms at any time. Mashbord recommends that you periodically check this page.

1. Usage License
Mashbord grants you a limited license to access and use Mashbord in accordance with these Mashbord Terms and the instructions and guidelines posted on Mashbord. Mashbord reserves the right to terminate your license to use Mashbord at any time and for any reason or to charge for commercial usage in the future.

2. User Responsibility
You are solely responsible for your use of Mashbord. Because Mashbord merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Mashbord, inc., and Mashbord makes no claim of accuracy of any user-posted material. Mashbord allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under the control of Mashbord, and Mashbord is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on Mashbord does not imply any endorsement by or any affiliation with Mashbord. In accessing Mashbord or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using Mashbord. You understand that the creation of bookmarks in Mashbord for purposes of specifically boosting exposure of a site in Mashbord and/or search engines is a breach of these Mashbord Terms, that Mashbord views such entries as spam and that Mashbord reserves the right to take appropriate action to restrict such entries up to and including termination of your access to Mashbord.

3. User-Posted Content
By posting content, you are granting permission to Mashbord and others to access and use it in connection with Mashbord and otherwise in connection with its affiliates’ businesses. You can mark content as private to restrict access and use to those users to whom you explicitly grant access.

Mashbord is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. Mashbord provides you with the ability to retrieve and remove your posted content and your personal information from Mashbord. This ability does not extend to copies that others may have made or to copies that Mashbord may have made for backup purposes.

4. Feeds
Mashbord provides access to portions of Mashbord via RSS feeds; for the purposes of these Mashbord Terms, such access constitutes use of Mashbord. Mashbord asks that you use this feature respectfully. You may not use this or any other features or Mashbord itself to allow the display of a substantial portion of the Mashbord database or reproduce, duplicate or copy Mashbord. Mashbord reserves the right to change these features at any time and to disable access to the feeds at any time for any reason.

5. Intellectual Property (Trademarks & Copyrights)
Mashbord, the Mashbord logo and the Mashbord design, are the trademarks or trade dress of Mashbord, inc., and may not be used without express written permission from Mashbord, inc., other than for attribution. All other trademarks not owned by Mashbord, inc. that appear on Mashbord are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mashbord, inc. Mashbord-originated content included on the Site, such as text, graphics, logos, data compilations, software and the compilation of all content on the Site, is the property of Mashbord and its licensers and protected by United States and international copyright laws. Except as set out in these Mashbord Terms, no reproduction of any Mashbord-originated content is permitted without written permission from Mashbord.

Any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.

6. No Warranty and Limitation of Liability
MASHBORD PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MASHBORD SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use Mashbord at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL MASHBORD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT MASHBORD HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH MASHBORD SHALL BE TO TERMINATE USE OF MASHBORD. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

7. Other
Mashbord and you are independent entities, and nothing in the Mashbord Terms, or via use of Mashbord, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Mashbord and you.

These Mashbord Terms supersede any previous agreement related to your use of Mashbord and represent the entire agreement between Mashbord and you with regard to your use of Mashbord. These Mashbord Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Mashbord Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Mashbord Terms will not be prejudiced, and the illegal or unenforceable provision of the Mashbord Terms shall be severed accordingly. Any notices may be sent to Mashbord in English at Mashbord's contact page.

8. Dispute Resolution
In the event of any dispute, claim, question or disagreement arising from or relating to this agreement or performance of Services hereunder, the parties shall use reasonable efforts to settle the matter, including but not limited to the voluntary exchange of relevant, non-privileged information and views. Should informal discussions not be successful, the parties agree to try to settle the dispute by mediation, using a mediator mutually acceptable to the parties selected from the roster of the Suffolk County Bar Association ADR Committee. Except when injunctive relief may be necessary to prevent irreparable harm or to preserve the status quo, neither party shall initiate litigation until thirty days following the delivery of a request for mediation by one party to the other.

The formation, effect, performance and construction of this Agreement shall be governed by the laws of the State of New York. The prevailing party shall be entitled to recover its attorneys fees and costs in any litigation arising from or related to this Agreement. Any such lawsuit must be filed in federal or state court in Suffolk County, New York.

Each of the parties waives their right to trial by jury, if any, in any and all actions or proceedings of any kind, nature, or description whatsoever, in any court, whether arising out of, under, or by reason of this Agreement. This waiver also applies to proceedings resulting from a party's act or failure to act under this Agreement and to proceedings brought to determine the interpretation or validity of any part of this Agreement. This clause will survive the termination of this Agreement whether for cause or without cause.