TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ("TERMS OF USE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF "Mount Master Pro" WEBSITE AND "Mount Master Pro" COMPUTER SERVICE AND YOUR RELATIONSHIP WITH "Mount Master Pro". YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER.
IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE "Mount Master Pro" SERVICE.
"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, ANY ADDITIONAL TERMS MENTIONED FOR YOUR PLAN ORDER AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND "Mount Master Pro" (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if it has been acknowledged by Mount Master Pro in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the Mount Master Pro Websites (defined below), or obtain Mount Master Pro Services (defined below).
DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and are incorporated by reference to these Terms and Conditions.
"Content"
Software, Materials, Services and other related information are collectively referred to as "Content."
"You" or "you"
"You" means you individually, any person, including any employer that you are acting on behalf of.
"Mount Master Pro(s)"
"Mount Master Pro means" technicians and specialists certified by Mount Master Pro to perform the Services under this Agreement.
"Subscription Based Plans"
"Subscription Based Plans" or "Subscription(s)" are tenured Subscription plans offered by Mount Master Pro that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.
"Services"
All references to "Services" refer to any Mount Master Pro service delivered under the plan that you enter into with Mount Master Pro through use of the Mount Master Pro Websites (defined below) or by calling the Mount Master Pro phone number mentioned on the Mount Master Pro Websites. These Terms of Use govern all plans available through Mount Master Pro Website, and any use of the Mount Master Pro Websites. In the event of any conflict these Terms of Use control any valid Plan Order form that you submit requesting Services ("Plan Order").
"Mount Master Pro Websites"
Mount Master Pro Websites includes mountmasterprm.live, or any other owned, operated, licensed or controlled by Mount Master Pro LLC.
"Materials"
"Materials" means any web casts download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the Mount Master Pro Websites are the proprietary and copyrighted work of Mount Master Pro and/or its suppliers. The definition of "Materials" does not include the design or layout of the Mount Master Pro web site or any other Mount Master Pro owned, operated, licensed or controlled website.
"Software"
"Software" means a computer program of any kind, whether owned by Mount Master Pro or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both Mount Master Pro and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").
"Submission of Plan Orders; Service Plans"
You may order Services by submitting Plan Orders through the Mount Master Pro Websites or by calling Mount Master Pro. Once Mount Master Pro accepts the Plan Order submitted by you, then you will receive an email from Mount Master Pro at the email address that you provide or have provided to Mount Master Pro as part of the Registration Process for the Services. Mount Master Pro is not responsible for rendering Services in connection with a Plan Order that it has not accepted. Upon acceptance by Mount Master Pro of a Plan Order, you will have a Service Plan.
Undertaking
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Mount Master Pro will address your query using commercially reasonable efforts in providing appropriate solutions under the Services.
In most cases, Mount Master Pro will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including access. You understand that if access is used on your computer there will be no residual software from the session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Service Plans are subject to Mount Master Pro's Limited Warranty, which is set forth below. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Payment
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. Mount Master Pro has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made. You understand that certain Service Plans may have fee including, but not limited to "Service Fee" and/or "Activation Fee" payable either on a Subscription basis or one time Fix Fee. Subject to the applicable Term Plan, all payments under the Subscription Plan shall be made upfront at time of commencement of the subscription cycle. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a term of one time fix, one month ("Term Plan"). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other Mount Master Pro services ("Bundle Discount"). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the Mount Master Pro services you were required to purchase to receive the special rate as notified to Mount Master Pro; or (3) You terminate the agreement/Service Plan before the expiry of the relevant term.
Credit Card Billing
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize Mount Master Pro to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Mount Master Pro and/or any other company who bills products or services, or acts as billing agent for Mount Master Pro to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide Mount Master Pro with updated credit card information upon Mount Master Pro's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Mount Master Pro nor any affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enrol, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at Mount Master Pro's option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may, at our discretion, charge you an additional $15.00.
Renewal Policy
Mount Master Pro will not automatically renew any of the services/subscriptions offered to their customers.
Refund Policy
For subscription based plans, a full refund will be issued if Mount Master Pro has not been able to resolve even a single issue for you within the first 30 days of the subscription. If there are one or more resolved issues, the fees for the Subscription Service will not be refundable.
Notwithstanding this Mount Master Pro may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.
For incident based plans, you will be eligible for refund when any of the following criterions are met:
You have all the prerequisites which were required to resolve the problem. Issue was not resolved until the time account was active.
30 days have not passed after the issue was last worked upon by a Mount Master Pro technician.
Privacy Policy
The Mount Master Pro's Privacy Policy which is an integral part of these Terms and Conditions is incorporated here by reference. Visit mountmasterprm.live for the full privacy policy. If you have not yet reviewed the Mount Master Pro's Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to Mount Master Pro over the telephone, electronically or otherwise, is not confidential or proprietary to you.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
Limitation of Liability
Notwithstanding anything to the contrary in no event shall Mount Master Pro be liable to you in excess of the amounts actually paid by you to Mount Master Pro under the Plan Order that is the subject of the dispute.
Limitations on Actions
Any cause of action by you must be commenced within 3 months after the cause of action arose or it shall be forever waived and barred.
Severability; Waiver
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Mount Master Pro's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Modification
Mount Master Pro reserves the right to amend the Terms and Conditions, and the Mount Master Pro Websites at any time by (a) posting a revised version of the Terms and Conditions on the Mount Master Pro Websites mountmasterprm.live, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to Mount Master Pro in connection with registration. You are responsible for regularly reviewing the Mount Master Pro website to be notified of any amendments to the Terms and Conditions.
ARBITRATION AND CLASS ACTION WAIVER Arbitration
The Terms will be governed by the laws of the State of Connecticut, United States of America. The Terms are the entire agreement between You and Mount Master Pro relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon your breach of any term contained herein and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Before you take a dispute to arbitration or to small claims court, you must first contact us by writing us and describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought ("Demand") and give us an opportunity to resolve the dispute.
Class Action Waiver
The Parties hereby expressly agree that any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THIS AGREEMENT.
Should you have any questions concerning the Terms, please write to: contact@mountmasterprm.live