Last modified January 30th, 2024
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) are entered into between you (“you,” or “User”) and Maison Ventures, LLC (“Maison” “we”, “us” or “our”). These Terms govern your access to and use of Maison services offered on the Maison mobile and/or web application (collectively, the “App” or “the Sites”), and access to www.joinmaison.co. The App is published, owned, and operated by Maison Ventures, LLC
Please read both these Terms and our Privacy Policy carefully, which is incorporated herein. By accessing, browsing, submitting information to and/or using the App, you accept, agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, do not use the App. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of the App following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made. Your continued use of the App after any such change is communicated shall constitute your consent to such change(s).
APP CONTENT.
Maison Ventures, LLC exclusively owns and controls the App, which provides information about our products and services and may, from time to time, provide access to educational materials and networking opportunities pertaining to a variety of Membership Organization You agree that use or access to any or all of the App does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the App, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Maison Ventures, LLC.
YOUR CONTENT.
Any Content you create or own, or contain a license and use on the App is considered “Your Content”. In sharing Your Content on the App, you warrant and represent you have the legal right to use Your Content and grant Maison an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any App services as described in these Terms and in any posted policies on the App. The App services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching, so please be cognizant of what you share. By using the App, you consent to features that may require us to access, store, and scan Your Content.
USE OF THE APP.
Maison grants you a non-exclusive right to access and use the App and the data, material, content or information herein (collectively, the “Content”) solely for your personal, non-commercial use, only while being an active Member of Maison.You agree to use the App only for lawful purposes, comply with all rules and laws governing any use of the App. You agree that you will:
Not use the App to violate your Membership Agreement;Not impermissibly share advertisements, affiliate links, solicit other members impermissibly, inconvenience, or harass other members;Maintain a productive and respectful participation, in accordance with your Membership Agreement
Upon being given an account, or access to the App (including any password for the App), you are solely responsible for maintaining the confidentiality and security of your account, and are immediately responsible for all activities that occur under your account. You agree to notify Maison immediately of any unauthorized use of your account. Maison is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password(s).
RESTRICTION OF ACCESS AND TERMINATION.
In its sole discretion, Maison may terminate or suspend your access to the App for breach of these Terms or for any reason whatsoever, with or without notice. Maison shall not be liable for any losses or damages arising from any such termination of service.
Any cause of action or claim you may have arising out of or relating to these Terms or the App must be commenced within one (1) calendar year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
INTELLECTUAL PROPERTY.
Unless explicitly stated otherwise, as between you and Maison, Maison owns all right, title, and interest in and to the App, including, without limitation, graphics, App content, design, organization, compilation and other matters related to or included on the App (the “Content”). Our name, Maison Ventures, LLC and all related names, product and service names, logos, slogans, and designs are our trademarks and you may not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained within Maisons App should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on Maison’s App without the written permission of Maison or such third party that may own a trademark displayed on Maison’s App. Your misuse of Maison’s trademark(s) displayed on Maison’s App, or any other Content on Maison’s App, except as provided herein, is strictly prohibited. You are granted a non-exclusive, non-transferable, revocable license to access and use the App strictly in accordance with these Terms. The App and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Maison or applicable owner. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the App. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Maison or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
If you believe that your work has been copied on the App in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
THIRD PARTY RIGHTS.
Content and materials linked to the App may contain links to apps, platforms, and websites controlled by companies or persons other than Maison(“Linked Site(s)”), or may contain be the copyrighted content of others (“Third Party Content”) that is used by Maison either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
LINKING TO OUR APP.
Anyone linking to the App must comply with all applicable laws and must not: (i) misrepresent its relationship with Maison; (ii) present false or misleading information about Maison or damages our reputation; (iii) establishes a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent; or (iv): contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful. Linked Sites are not under the control of Maison, and Maison is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. You agree and understand that Maison is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. You additionally agree and understand that Maison is providing these links to you only as a convenience, and the inclusion of any link in no way implies endorsement by Maison of the site or any association with its operators or owners. You are responsible for viewing and abiding by the privacy policies and terms of use posted on each Linked Site. You are solely responsible for any dealings with third parties who support Maison or are identified in the App, including any delivery of and payment for goods and services.
You acknowledge that your access and use of any third-party applications or software on our App and Content (the “Third-party Applications”) is at your discretion and risk, and Maison has no liability to you arising from your use of the Third-party Applications. Maison hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Maison harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
INDEMNITY, WARRANTIES.
The App is provided solely for informational purposes and the purposes of enabling communication between you, Maison, and other participants of the App. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Maison disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our App, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Maison through the App shall be handled in accordance with the App’s Privacy Policy.
You agree to defend, indemnify and hold harmless Maison and its affiliates, directors, officers, employees, and/or agents (collectively, “Maison Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of Maison Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the App, or from any other misuse of the App. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Maison Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, Maison reserves the right to assume the exclusive defense and control of any proceeding that relates to Maison, the App, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with Maison in our defense thereof.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. MAISON, TOGETHER WITH ITS AFFILIATES, THIRD-PARTY LICENSORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE APP. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE APP. THE ENTIRE RISK FOR USE OF THE APP AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
UNDER NO CIRCUMSTANCES SHALL MAISON OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APP OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APP, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF MAISON OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAISON AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MAISON FOR THE APP IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
MAISON FURTHER MAKES NO WARRANTY THAT THE APP WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT YOU ARE USING THIS APP AT YOUR SOLE RISK AND THAT MAISON, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APP OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST MAISON FOR DISSATISFACTION WITH THE APP OR THE CONTENT IS TO CEASE YOUR USE OF THE APP AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of New York without regard to any conflict of laws. For any dispute regarding these Terms or the App, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Dutchess County, New York. We make no claims that the App or any of its contents are accessible or appropriate outside of the United States, and require that all documents relating to this Agreement be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects. Access to the App may not be legal by certain persons or in certain countries.
GENERAL TERMS.
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the Parties. You have no right to assign this Agreement, by operation of law or otherwise. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Maison as a result of these Terms or use of the App, and you agree that you will not impersonate or attempt to impersonate Maison, an employee of Maison, or any other members or participants of the App. Maison may assign these Terms, in whole or in part, at any time. Maison’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Maison’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Maison with respect to such use. You expressly assume any risk of using the App. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Maison with respect to the App, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Maison. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
DISPUTE RESOLUTION: ARBITRATION
You agree to forego any right to take any potential dispute arising out of this Agreement to court. If a dispute arises under this Agreement, it shall be settled exclusively by submitting to a mutually agreed-upon arbitrator in Dutchess County, NY. any disputes arising from use of the App, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. Judgment by the arbitrator will be binding upon the parties. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
YOUR COMMENTS AND CONCERNS.
This website is operated by Maison Ventures, LLC 1646 West Snow Avenue, Suite 33 Tampa, FL 33606. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: [email protected]
Thank you for using the App!