General Terms and Conditions
TERMS AND CONDITIONS OF USE MASTERBUILT.COM AND MASTERBUILT MOBILE APP
BY USING THIS SITE OR MOBILE APP (“SERVICES”), YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SERVICES.
- Agreement. These are the Terms and Conditions for access to and use of Masterbuilt.com (the "Site") and the Masterbuilt mobile application (the “App”) (collectively the “Services”) and describe the terms and conditions applicable to your access of and use of the Services. This Agreement may be modified at any time by Premier Specialty Brands, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Privacy. Your visit to our site is also governed by our Privacy Notice and Policy. Please review our Privacy Notice and Policy Policy at Masterbuilt.com/privacy.
- Ownership. All content included on the Site and App are and shall continue to be the property of Masterbuilt or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site or App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
- Trademarks. MASTERBUILT® and other marks used on the Site and App are either trademarks or registered trademarks of Masterbuilt. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Site Use. If you are accessing the Site, Masterbuilt grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Masterbuilt and Masterbuilt may terminate your use of this website at any time.
- App Use. If you are accessing the Masterbuilt App, Masterbuilt grants you a limited, revocable, nonexclusive license to use the App for your own personal use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Masterbuilt and Masterbuilt may terminate your use of the website at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- Indemnification. You agree to indemnify, defend and hold Masterbuilt and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Services.
- Disclaimer. ALL INFORMATION PROVIDED TO YOU ON THE SITE OR APP IS ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SERVICES IS AT YOUR SOLE RISK. MASTERBUILT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MASTERBUILT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE/APP, YOUR SITE OR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Applicable Law. You agree that the laws of the state of Georgia, United States, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Masterbuilt or its affiliates. =
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of Masterbuilt to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Masterbuilt must be in writing and signed by an authorized representative of Masterbuilt.
- Termination. Masterbuilt may terminate this Agreement at any time, with or without notice, for any reason.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Premier Specialty Brands, LLC
5367 New Peachtree Road
Chamblee, GA 30341
Last updated March 14, 2022.