The effective date of these Terms of Use (“Terms”) is April 9, 2014.

PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THIS SITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS BELOW AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OR ACCESS THE SITE.

These Terms apply to the website created by Mast (defined below) related to Mast’s VOICE Crisis Alert™ mobile application at http://www.crisisvoice.com/ and any other websites that reference or post a link to these Terms whether accessed via computer, mobile device, or otherwise (the “Site”). The Site is owned or controlled by Mast Therapeutics, Inc. (“Mast,” “we,” “our” or “us”), and Mast is the commercial operator of this Site, although software, hosting, and other functions and content may be provided by Mast’s service providers or other companies affiliated with Mast or by companies that are merely in a business relationship with Mast. These Terms constitute a binding agreement between Mast and you, and they govern your use of the Site. By visiting, accessing, and/or using the Site, you accept and agree to be legally bound by these Terms. These Terms do not govern your use of the VOICE Crisis Alert™ mobile application. If you would like to review the terms of use for the VOICE Crisis Alert™ mobile application, please click here.

Mast reserves the right to amend or replace any of these Terms, or change, suspend or discontinue the Site (including, without limitation, the availability of any feature or Site Content (defined below)) at any time in its sole discretion and without any notice to you (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site. It is your responsibility to review these Terms periodically for any changes before using the Site. Your use of the Site (or other conduct as we may reasonably specify) following the posting of any Updated Terms will signify your assent to and acceptance of the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

You are only authorized to use the Site if you agree to abide by all applicable laws and to these Terms. Please read these Terms carefully. If you do not agree to these Terms, do not use the Site.

TABLE OF CONTENTS

1. Permission to Use App; Mast’s Intellectual Property Rights; Ownership of Site Content

2. Site Access

3. Links to Third Party Sites

4. Code of Conduct

5. User Interactions and Disputes

6. Procedure for Reporting Violations of These Terms and Intellectual Property Violations

7. Modifications to the Site

8. Health Disclaimer

9. Warranty Disclaimer

10. Limitation of Liability

11. Indemnification

12. Termination

13. Delays in Services; Force Majeure

14. Assignment

15. General

16. Location of Site and Territorial Restrictions

17. Governing Law; Disputes

18. Entire Agreement

 

 


1. Permission to Use App; Mast’s Intellectual Property Rights; Ownership of App Content

Mast hereby grants you permission to use the Site and Site Content (as defined below) as set forth in these Terms, provided that: (a) your use of the Site and Site Content as permitted is solely for your personal and noncommercial use; (b) you will not copy or distribute any part of the Site or Site Content in any medium without Mast’s prior written authorization; (c) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (d) you will not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code associated with the Site; and (e) you will otherwise comply with these Terms.

The content on the Site, including without limitation the text, graphics, and photos created by and for Mast, interactive features, past, present and future versions of the Site, content available for download, domain names, source and object code, and the “look and feel” of the Site (“Site Content“) and the trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items that are used to identify or distinguish Mast, its business, services, community, and/or products, or Mast’s affiliates, licensors, or customers, including without limitation all logos and all products and designs and features (collectively, the “Marks“), are the valuable, exclusive property of Mast or its affiliates, licensors, or customers, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Nothing in these Terms will be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use the Site and to download, view, and/or use one copy of the Site Content on any single computer or other device for your personal, non-commercial use only, as long as you comply with these Terms or until Mast terminates these Terms or your access rights. Site Content is provided to you AS IS for your information and personal use only. You may not use, copy, alter, adapt, reproduce, display, distribute, transmit, broadcast, sell, license, publish, rent, lease, sublicense, transfer, or otherwise exploit the Site Content or the Marks for any purpose whatsoever without the prior written consent of Mast or as expressly provided in these Terms. You agree that: (a) you will not use the Site Content in a manner that suggests an association with any of our products, services, or brands; (b) you will make no modifications to the Site Content; and (c) you will not insert any code or product to manipulate the Site Content in any way that affects any user’s experience. Mast reserves all rights not expressly granted in and to the Site, the Marks, and the Site Content.

You may not remove, alter, or obscure any copyright, legal, or proprietary notice in or on any portion of the Site. You agree to not circumvent, disable, or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content.

You must not and agree not to: (a) interfere with or disrupt the Site or any Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law. You agree that you will not access or otherwise use the Site in any unlawful manner, for any unlawful purpose, or in violation of these Terms. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

You agree to use the Site legitimately, honestly, and in accordance with these Terms, any Updated Terms and other applicable terms (collectively, “Applicable Terms”).

Any unauthorized use or accessing of the Site or the Site Content is prohibited.

2. Site Access

By accessing the Site, you agree to take responsibility for all activities that occur during your use, and accept all risks of unauthorized access. Mast reserves the right to terminate or otherwise deny you access to the Site in its sole discretion for any or no reason, without notice and without liability.

By using the Site, you affirm that you are a legal resident of one (1) of the fifty (50) United States or the District of Columbia, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Neither Mast nor its licensors will have any responsibility to provide you with alternate access to the Site if your access is interrupted due to a breakdown or failure of your equipment. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the Mast servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

3. Links to Third Party Sites

The Site may contain links to third party web sites or online features, or other content that are not owned, controlled, or endorsed by Mast. Mast has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the Site, you specifically release Mast from any and all liability arising from your use of any third party site or service.

4. Code of Conduct

By using the Site, you are responsible for conducting yourself in compliance with all applicable laws, rules, and regulations. If you discuss Mast or the Site any element thereof, you agree to only do so in an honest manner that reflects your actual experiences with the Site and, if you do so, you may be required by applicable law, rules, or regulations to disclose any rewards or value you may be receiving from us. Regardless, you must not discuss or promote the Site or Mast on third party web sites that prohibit such activity, or falsely advertise or disseminate any information regarding Mast or the Site.

5. User Interactions and Disputes

You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes. Exercise common sense and your best judgment in your interactions with others when you share any personal or other information through the Site.

6. Procedure for Reporting Violations of These Terms and Intellectual Property Violations

Mast reserves the right to investigate any violation of these Terms and to take any and all remedial action, if any, as it deems appropriate. Mast has the sole discretion to enforce these Terms, including, but not limited to, warning users of violations, disabling or suspending privileges and access, deleting, screening, or editing any content or prohibiting any behavior that does not comply with these Terms.

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Mast encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you think any user activity violates these Terms or infringes anyone’s legal rights, please notify Mast at the address below. We will take action if we believe that action is necessary and appropriate, in our sole discretion. To make a complaint regarding the Site, please send an email to: feedback@crisisvoice.com. Your email must: (a) describe with reasonable detail the offending behavior; (b) identify the intellectual property right or other law, rule, or regulation that is being infringed or violated; and (c) provide information sufficient to permit Mast to contact you (e.g., email address, postal address, and/or fax number).

7. Modifications to the Site

Mast reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Mast will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

8. Health Disclaimer

Any statements or materials provided on or through the Site have not been evaluated by the U.S. Food and Drug Administration. The Site is not intended to diagnose, treat, cure or prevent any disease or condition, but to serve as an informational tool for you to use in support of your general health and well-being.

The information contained in the Site or distributed to you by Mast is for informational purposes only and not intended to be a substitute for the advice of a medical professional. Information made available on or through the Site should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition or to determine whether to seek or refrain from seeking any medical advice or treatment. If you require medical advice or services, you should consult with a qualified and licensed medical professional. Your use of the Site does not create a doctor-patient relationship between you and Mast.

9. Warranty Disclaimer

You acknowledge that the Site may contain inaccuracies and the Mast Parties (defined below) do not warrant the accuracy or suitability of the information for any particular purpose. The Mast Parties will not be liable for any errors, inaccuracies, or delays in content, or for any actions taken by you in reliance thereon. Mast does not guarantee the accuracy of or endorse the views or opinions given by any third parties or users of the Site. The Site may point to other, third-party websites that may be of interest to you, however, Mast does not endorse or take responsibility for the content on such other sites.

YOU ACKNOWLEDGE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT AND ANY SERVICES OFFERED BY MAST THROUGH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE, WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAST AND ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS, SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND THE EMPLOYEES, MANAGERS, OFFICERS, DIRECTORS, MEMBERS, REPRESENTATIVES, AGENTS, AND VENDORS OF EACH (COLLECTIVELY, THE “MAST PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, ANY WARRANTY OF QUIET ENJOYMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE MAST PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MAST OR VIA THE SITE. FURTHER, THE MAST PARTIES DO NOT REPRESENT OR WARRANT: (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS; (B) THAT THE ACCESS OR USE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; (C) THAT DEFECTS WILL BE CORRECTED; (D) THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES; (E) THE ACCURACY OF ANY DATA OR INFORMATION IN OR PROCESSED WITH THE SITE OR THE RESULTS OF ANY SUCH PROCESSING; OR (F) THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL.

BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE MAST PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MAST PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL DEVICE HARDWARE, SOFTWARE AND DATA/INTERNET ACCESS NEEDED TO ACCESS AND USE THE SITE, AND FOR PAYING ALL RELATED CHARGES. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

10. Limitation of Liability

THE MAST PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF THE SITE.

YOU AGREE THAT THE MAST PARTIES WILL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE FOR ANY PURPOSE WHATSOEVER, EVEN IF MAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE WILL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF THE MAST PARTIES BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF MAST OR OTHERWISE, SUCH LIABILITY IS AND WILL BE LIMITED TO $10.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY WILL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE MAST PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

YOU ACKNOWLEDGE AND AGREE THAT MAST WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON OR ARE PASSED THROUGH THE SITE. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD MAST HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF MAST’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE MAST PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE MAST PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnification

YOU HEREBY AGREE TO INDEMNIFY, DEFEND (IF REQUESTED BY MAST), AND HOLD HARMLESS THE MAST PARTIES FOR AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DAMAGES, COSTS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, SETTLEMENTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO: (A) YOUR ACCESS TO AND USE OF THE SITE; (B) YOUR BREACH OR ANTICIPATORY BREACH OF THESE TERMS; (C) YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES, OR ORDERS OF ANY GOVERNMENTAL AND QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING, WITHOUT LIMITATION, ALL REGULATORY, ADMINISTRATIVE, AND LEGISLATIVE AUTHORITIES; (D) INFORMATION OR MATERIAL TRANSMITTED THROUGH YOUR COMPUTER OR MOBILE DEVICE, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES, VIOLATES OR MISAPPROPRIATES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; (E) ANY MISREPRESENTATION MADE BY YOU; OR (F) THE MAST PARTIES’ USE OF YOUR INFORMATION AS PERMITTED UNDER THESE TERMS, THE PRIVACY STATEMENT, OR ANY WRITTEN AGREEMENT BETWEEN YOU AND MAST. You will cooperate as fully required by the Mast Parties in the defense of any claim. The Mast Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of a duly authorized employee of the Mast Parties.

12. Termination

Mast may, without liability or prior notice, immediately terminate access to the Site in its sole discretion for any reason. Further, you agree that all terminations for cause will be made in Mast’s sole discretion and that Mast will not be liable to you or any third party for any termination of your access to the Site. THE PROVISIONS CONTAINED IN THE LIMITATION OF LIABILITY SECTION AND INDEMNIFICATION SECTION, AND IN OTHER SECTIONS THAT WOULD BY THEIR NATURE SURVIVE THE TERMINATION OF THESE TERMS, WILL SURVIVE TERMINATION OF THESE TERMS. Termination, suspension, or cancellation of these Terms or your access to the Site will not affect any right or relief to which Mast may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Mast and its licensors. Any violation of these Terms may be referred to law enforcement authorities.

13. Delays in Services; Force Majeure

Any delays in or failure of performance by the Mast Parties will not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond Mast’s control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes, or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. Mast will have no responsibility to provide you access to the Site while interruption of the Site due to any such or similar cause will continue.

14. Assignment

These Terms, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, or sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Mast without restriction.

15. General

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Mast’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. The section titles are inserted only as a matter of convenience and have no legal or contractual effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. You agree that these Terms will not be construed against Mast by virtue of Mast having drafted them. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use the Site. You also agree to comply with all rules, laws, and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

16. Location of Site and Territorial Restrictions

Unless otherwise specified, the Site is presented solely for legal residents of the fifty (50) United States and the District of Columbia. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mast to any registration requirement within such jurisdiction or country. Mast makes no representations or warranties that the information, products, or services contained on the Site are appropriate for use or access outside of the fifty (50) United States or the District of Columbia. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, 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.

17. Governing Law; Disputes

These Terms are governed by the laws of the State of California without reference to the principles of conflicts of laws thereof. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods. Any disputes pertaining to these terms of use shall be submitted to arbitration which shall be the exclusive means for resolving any such disputes. Such arbitration shall be conducted by JAMS in accordance with its Arbitration Rules and Procedures then in effect. The arbitration shall be administered in the San Diego office of JAMS and the hearing shall be held in San Diego, California. The arbitrators will be selected from a panel of retired judges, will have familiarity with dispute resolution in the applicable industry and will not have a relationship of any sort with either party. Any costs associated with the arbitration shall be borne by the non-prevailing party. All decisions of the arbitrators shall be binding on both parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Neither you nor Mast will participate in a class action or class-wide arbitration for any claims covered by these Terms. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. This binding arbitration and jury trial waiver provision shall survive termination of these terms of use.

18. Entire Agreement

These Terms, as amended from time to time, constitute the entire agreement that governs your use of the Site and supersedes any prior agreements between you and Mast with respect to the subject matter of these Terms.