Connect Terms of Service

Last updated January 01, 2022

This Terms of Service and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which, Webb-Mason, Inc., the operator of this Website (“WebbMason”, “we,” “us” or “our”) offers you access to and use of the https://connect.webbmason.com Website or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between WebbMason and you. If you have a question about this Agreement or the Services, please contact WebbMason via compliance@webbmason.com.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

  • YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
  • YOU WILL COMPLY WITH THIS AGREEMENT; AND
  • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT

IMPORTANT NOTE

Please read carefully the sections titled “DISCLAIMER OF WARRANTIES”, “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION”. These provisions limit WebbMason’s liability to you and affect how disputes are resolved.

If you do not agree to any term of this Agreement, please do not use the Services.

1. CHANGES TO TERMS

The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement without notice. It is your responsibility to review this Agreement from time to time for changes. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of our agreements, notices or statements about this Agreement.

2. ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3. CONNECT CONTENT

WebbMason retains full and complete title to all information and materials provided on or through or submitted to the Services, including any, artwork, graphics, text, video and audio clips, trademarks, logos

and other content (collectively, “Connect Content”). All other trademarks not owned by WebbMason that appear in the Services are the property of their respective owners.

By continuing to use the Services constitutes agreement with this Agreement (as well as any Additional Terms), and permits you to download, print and/or copy Connect Content solely for your own personal use.

You may not:

  • Incorporate any Connect Content into any other work (such as your own website) or use Connect Content in any public or commercial manner;
  • Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Connect Content in any form or by any means;
  • Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Connect Content; or
  • ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT. WEBBMASON IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. WEBBMASON TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED IN ANY ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.

4. USING THE SERVICES

Age of Eligibility: You must be the age of legal majority or older to use the Services.

Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services without notice.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. WebbMason treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. WebbMason may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify WebbMason using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

We do not guarantee availability of the Services at all times of the day. WebbMason may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, WebbMason has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful purposes only.

You agree that you will not (and you agree not to encourage or allow any third party to):

  • Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or WebbMason’s computer systems or networks,
  • Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
  • Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
  • Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
  • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
  • Use the Services to advertise, buy or sell any products or services;
  • Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
  • Reformat or frame any portion of the web pages that are part of the Services without WebbMason’s written consent;
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  • Create an Account under fraudulent pretenses; or
  • Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

5. DATA PRIVACY

The Website is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), consequently if your interactions would be subjected to such laws, you may not use this Website. You may not use the Website in a way that would violate the Gramm- Leach-Bliley Act (GLBA).

For information pertaining to CCPA compliance, please review our Privacy Policy located at: https://www.webbmason.com/connect-privacy-policy/. Information pertaining to GDPR compliance is available upon written request by contacting WebbMason via compliance@webbmason.com.

6. SUBMISSIONS

WebbMason may from time to time offer areas in the Services where you and other users can share information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant that:

  • Your Submission is true and accurate;
  • You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations as a Connect site user under this Agreement;
  • Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
  • Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

You acknowledge and agree that the WebbMason has the right (but not the obligation) to monitor Submissions and to alter, remove without notice or refuse to post or allowing posting of any Submission. WEBBMASON TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.

By sharing your Submissions, you grant WebbMason and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and WebbMason’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

WebbMason encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.

7. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST WEBBMASON ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WEBBMASON KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that WebbMason would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

9. DISPUTE RESOLUTION

If you have a complaint about the Services, please contact WebbMason via compliance@webbmason.com.

To the maximum extent permitted by applicable law, you and WebbMason agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Maryland (“WebbMason’s Jurisdiction”), without giving effect to the principles of conflicts of laws of such state and is binding upon the parties hereto in the United States.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Any dispute between you and WebbMason and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the State of Maryland, other than for actions to enforce any order or judgment entered by such courts.

10. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is WebbMason with its principle place of business being the address listed at the top of this webpage.

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

11. INTERNATIONAL USE

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

WebbMason’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are 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 that would subject WebbMason or its affiliates to any registration requirement within such jurisdiction or country.

12. TERMINATION

You may terminate your Account at any time for any reason effective upon written notice to WebbMason. WebbMason reserves the right to immediately suspend or terminate your account and access to the Services without notice if WebbMason believes you violated this Agreement.

Termination will not limit any of WebbMason’s other rights or remedies. The sections titled Connect Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

13. LINKS TO OTHER WEBSITES AND SERVICES

This Service may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of WebbMason and WebbMason is not responsible for Linked Services or for any information or materials on, or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by WebbMason of the Linked Services or any association with the operators of the Linked Services. WebbMason does not investigate, verify, or monitor the Linked Services. WebbMason provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

14. GENERAL TERMS

§ This Agreement (i) inures to the benefit of and will be binding upon Connect site users and you and your successors and assigns, respectively and (ii) may be assigned by WebbMason but you may not assign them without the prior express written consent of WebbMason.

  • This Agreement, together with our Privacy Policy, contain the entire understanding by and between WebbMason and you with respect to the matters contained herein.
  • If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
  • If Connect fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
  • Nothing contained in this Agreement will be deemed to constitute Connect or you as the agent or representative of the other or as joint venture or partners.
  • If Connect is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
  • The headings and captions contained herein are for convenience only.
  • This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewithin.

16. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.webbmason.com/connect-privacy-policy/. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

17. QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact WebbMason via compliance@webbmason.com.

Webb-Mason, Inc.

10830 Gilroy Road

Hunt Valley, MD 21031

United States

Phone: 410-785-1111

compliance@webbmason.com

https://www.webbmason.com