TERMS OF USE

PLEASE READ THESE TERMS OF USE BEFORE USING THE SITE.

Introduction

Welcome to the Mac at Home website.  Your use of this website (the "Site") is governed by these Terms of Use.  Your use of the Site constitutes your agreement and acceptance without modification of these Terms of Use.  If you do not agree and accept without modification these Terms of Use, do not use the Site.  Mac at Home reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time in accordance with the procedures set forth in the Amendment Section below.

Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, including, but not limited to, your use of the Site, receipt of information, data, graphics or other materials available at or through the Site.

Restrictions on Use

All information, content and materials contained on the Site are Mac at Home’s copyrighted property or the copyrighted property of its licensors.  All trademarks, service marks, trade names, and trade dress are the property of Tofasco of America, Inc.  You may not copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from the Site.  You may download one copy of the information, content or materials from the Site on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright, trademark, service mark and other proprietary notices, (ii) you make no modifications to the information, content or materials, (iii) you do not use the information, content or materials in a manner that suggests an association with any of Mac at Home’s products, services or brands.  You may not use any information, content or materials on this Site on any other internet site.

You may not use the Site in any way that is unlawful, or harms Mac at Home or any other person or entity, as determined in Mac at Home’s sole discretion.  Use of the Site for any illegal purpose or in any manner inconsistent with these Terms of Use is expressly prohibited by law, and may result in civil and criminal penalties.  Mac at Home reserves the right to prosecute any and all violators to the maximum extent of the law.

If you download software or information from this Site, the software and information, including all files and images contained in or generated by the software and data, are deemed to be licensed to you by Mac at Home for your personal, noncommercial home use only with the limited license revocable by Mac at Home for any reason and without notice.  You shall have a nonexclusive, nontransferable, revocable limited personal license to use the software or data solely in its object code version.  We do not transfer title to the Software or its intellectual property to you.  Without limiting the foregoing, you shall not: (a) alter, merge, modify or adapt any software, data or information contained on or made available through this Site; (b) reverse engineer, disassemble or decompile any software or information contained on or made available through this Site; (c) disclose, lease, transfer, or otherwise make any such software or information available to third parties in any form or manner; or (d) use the software or information for the benefit of any third party.  Software from the Site is further subject to United States export controls.  No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (ii) to anyone on the U.S. Commerce Department's Table of Deny Orders or the U.S. Treasury Department's list of Specially Designated Nationals.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

Privacy

Please review our Privacy Policy, which also governs your visit to the Site.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  

Links to Third Party Sites

Certain links on the Site will take you to other sites not under Mac at Home’s control.  Mac at Home is providing these links as a convenience and the inclusion of any such link is not an endorsement by Mac at Home.  You acknowledge that when you click on a link that leaves the Site, Mac at Home is not responsible for those sites or their content.  Consequently, Mac at Home cannot be held responsible for the accuracy, relevancy, copyright compliance or legality of material contained on such third party sites.  Mac at Home reserves the right to disable links from third party sites to any Mac at Home Site, although Mac at Home is under no obligation to do so. 

Where to Buy

Please see our where to buy tab for a list of retailers which carry our products.

Copyright Notice

© 2008 Mac at Home.  All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mac at Home or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on the Site is the exclusive property of Mac at Home and protected by U.S. and international copyright laws.  All software used on the Site is the property of Mac at Home or its software suppliers and protected by United States and international copyright laws.  The content on the Site may not be duplicated, cached, distributed, publicly performed, republished, uploaded, posted, transmitted or otherwise used or transmitted in any manner, except with the prior express written permission of Mac at Home.  Fair use of Mac at Home's intellectual property requires proper acknowledgement.

Trademarks/ Service Marks

Mac at Home name and logo are trademarks and service marks of Tofasco of America, Inc (“Tofasco”).  Tofasco’s trademarks, trade dress and service marks may not be used in connection with any product or service that is not Mac at Home or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Mac at Home and/or Tofasco, in their sole discretion.  All other trade and service marks not owned by Tofasco that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mac at Home and/or Tofasco.  Trade and service marks may only be used by you with the written permission of Tofasco.  Fair use of Mac at Home and/or Tofasco’s intellectual property requires proper acknowledgement.

Disclaimer

MAC AT HOME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPROPRIATENESS OF THE SITE FOR ANY PURPOSE.  THE INFORMATION, CONTENT AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAC AT HOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  MAC AT HOME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  MAC AT HOME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MAC AT HOME BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF MAC AT HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL MAC AT HOME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $25 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.

IN ADDITION, UNDER NO CIRCUMSTANCES WILL MAC AT HOME, OUR LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND MAC AT HOME’S OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF MAC AT HOME OR MAC AT HOME’S LICENSORS AND LICENSEES, OR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER MAC AT HOME, ITS LICENSORS AND LICENSEES, NOR ANY OF SUCH ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, THUS SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnification

You will indemnify, defend, and hold Mac at Home, its affiliates, licensors, licensees, distributors, agents, representatives and other authorized users, and their respective resellers, distributors, service providers and suppliers, and all of their respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s).  You shall use your best efforts to cooperate with Mac at Home in the defense of any claim.  Mac at Home reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law, Venue and Jurisdiction

All related disputes concerning these Terms of Use, shall be interpreted according to California law, without regard to its conflict of law principles, and the sole and exclusive venue for all disputes shall be Los Angeles County, California.  The parties consent to jurisdiction in Los Angeles County, California.

Amendment

Mac at Home reserves the right, in its sole discretion, to change, modify, add or delete all or portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes.  Your use of the Site following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use.

General Provisions

These Terms of Use contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties concerning their subject matter.  There are no representations, agreements, arrangements, or understandings, whether written or oral, between the parties relating to the subject matter of these Terms of Use that are not fully expressed in this Agreement.  The captions of paragraphs in these Terms of Use are for convenience only and do not in any way limit or amplify the terms and conditions of these Terms of Use.  The failure to enforce, or timely enforce, any provision of these Terms of Use shall not be a waiver of, or limitation on, enforcement of that provision at a later time or the enforcement of any other provision.  Every provision of these Terms of Use shall be construed as though each party participated equally in the drafting and any rule of construction that a document is to be construed against the drafting party shall not be applicable.