TERMS OF USE AGREEMENT

This Terms of Use Agreement (the “Agreement”) applies to any and all websites, apps, and online services associated with Mason Companies, Inc., its affiliates and subsidiaries, including without limitation, B.A. Mason, Inc., Figi’s Companies, Inc., Figi’s Services, Inc., and Figi’s Wholesale, Inc., and including its trade names, including without limitation, B.A. Mason, Inc., Figi’s Companies, Inc., Figi’s Services, Inc., and Figi’s Wholesale, Inc., and its brands, including without limitation, ShoeMall®, Stoneberry®, Masseys®, Mason Easy-Pay®, K. Jordan®, Maryland Square®, Figi®’s Gallery, Auditions®, Fifth & GlamTM, Wissota Trader ®, and B.A. Mason® (collectively “Mason Companies,” “we,” “our”, or “us”), including the websites at the domain names adventuresincheese.com, auditionsshoes.com, bamason.com, birchland.com, birchlandmarket.com, figis.com, figisgallery.com, figis.jobs, figisoutletstore.com, figiswholesaleinc.com, gourmetmarket.com, kjordan.com, marylandsquare.com, masoncompanies.com, masoneasypay.com, masseys.com, qualityfootwear.com, shoemall.com, stoneberry.com, theshoediaries.com, theshoediaries.net, theshoediaries.org, fifthandglam.stoneberry.com, and wissotatrader.com (hereinafter “the Mason Companies Websites”).

Use of the Mason Companies Websites constitutes your binding acceptance of this Agreement. This Agreement applies to all users of the Mason Companies Websites. If you do not accept this Agreement, do not use the Mason Companies Websites. Mason Companies reserves the right to modify this Agreement without notice and any modifications are effective when they are posted here.

 

All Rights Reserved

The copyright(s) in the Mason Company Websites, materials hosted on the Mason Company Websites, and publications generated therefrom are held by Mason Companies or its licensees. All material provided on the Mason Companies Websites is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Mason Companies Websites may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without the prior written permission of Mason Companies. Individual visitors of the Mason Companies Websites are permitted to download or print one copy of material published on the Mason Companies Websites solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Mason Companies does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

The trademarks, logos, and service marks (collectively referred to as “Trademarks”) displayed on the Mason Companies Websites are registered and unregistered Trademarks of Mason Companies and no trademark license either express or implied is granted by Mason Companies. You do not have any right to use any Trademark displayed on the Mason Companies Websites without prior written permission of Mason Companies. In the event of unauthorized use or misuse of the Trademarks, Mason Companies may pursue any of its legal remedies.

Any software that is available for download from the Mason Companies Websites is the copyrighted property of Mason Companies or its suppliers or licensors. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, the Mason Companies Websites, if any, is governed by the terms of the agreement applicable to that product or service.

 

Access to Mason Companies Websites

The Mason Companies Websites are intended to be used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and are not barred from using the Mason Companies Websites under applicable law.  Mason Companies may, at any time, in its discretion, terminate your access to the Mason Companies Websites. Access to the Mason Companies Websites may be monitored by Mason Companies. If you are accessing the Mason Companies Websites as a representative of an organization, this Agreement binds both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

 

Prohibited Uses

As a condition of your use of the Mason Companies Websites, you will not use the Mason Companies Websites or any information found therein: (a) for any purpose that is unlawful or prohibited by this Agreement, (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property rights of Mason Companies or others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mason Companies Websites or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Mason Companies Websites or any related website, other websites, or the Internet; or (l) for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products).

You also agree that, in using the Mason Companies Websites: (i) you will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Mason Companies Websites by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use any content in a manner that suggests an unauthorized association with any of Mason Companies or its licensors’ products, services, or brands; (v) you will not make any modifications to the content on the Mason Companies Websites; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by this Agreement or with the prior written consent of an officer of Mason Companies or, in the case of content from a licensor, the owner of the content; and (vii) you will not insert any code or product to manipulate such content in any way that adversely affects any user experience.

We reserve the right to terminate your use of the Mason Companies Websites or any related website for violating any of the prohibited uses.

 

Right to Monitor and Editorial Control

Mason Companies reserves the right, but has no obligation, to monitor or review any materials posted to the Mason Companies Websites or through any feature provided on any of the Mason Companies Websites, and Mason Companies is not responsible for any such materials posted by users. Mason Companies, however, reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Mason Companies’ sole discretion are objectionable or in violation of this Agreement, any other policy or agreement related to the Mason Companies Websites, or applicable law. We may also impose limits on certain features on the Mason Companies Websites or restrict your access to part or all of Mason Companies Websites without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, this Agreement in general, or applicable law, or for any other reason without notice or liability.

 

Linking

You may link to the Mason Companies Websites home page(s), but are not authorized to link to any other page on the Mason Companies Websites without the prior express written consent of Mason Companies provided that Mason Companies reserves the right to withdraw this consent at any time in its discretion. You may not use any of Mason Companies’ proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Mason Companies, its corporate relatives, or any brand owned by Mason Companies or its corporate relatives; 2) cause confusion, mistake, or deception; 3) dilute Mason Companies’ trademarks, service marks, or trade names; or 4) otherwise violate applicable law.

 

Registration

You do not have to register to view the Mason Companies Websites. You can visit the Mason Companies Websites, browse merchandise, review photographs, descriptions, and specifications of products, observe other content, provide reviews, and check on offerings without registering for a user account. You can also contact us about a particular picture, video, product description, or other content without having an account. In order to access certain features of the Mason Companies Websites, however, you may be required to become a registered user by creating an account with one the Mason Companies Websites. By registering an account on the Mason Companies Websites, you agree to provide true, accurate, current and complete information and maintain and promptly update your account information to keep it true, accurate, current and complete. You represent that you are of legal age to form a binding contract. You further agree not to create an account or use the Mason Companies Websites if you have been previously removed by Mason Companies, or if you have been previously banned from any of the Mason Companies Websites, or if you are not legally able to do so. You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and you agree to notify Mason Companies immediately of any unauthorized use of your password or any other breach of security. You also agree to exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mason Companies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mason Companies has the right to suspend or terminate your account and refuse any and all current or future use of the Mason Companies Websites or any portion thereof.

 

Shipping and Return Policy

Please review our Return Policy and information regarding shipping of products. The Return Policy may be found on relevant Mason Companies Websites in the footer of the website. The Return Policy for each of the Mason Companies Websites is incorporated herein and made part of this Agreement. You can also find information about shipping information on each of the Mason Companies Websites.

 

Orders and Restrictions

Specific terms and conditions related to the placement of orders via the Mason Companies Websites are set forth on applicable websites, including credit terms applicable to products purchased with credit offered by Mason Companies. Those terms are incorporated herein. To the extent you are making payment via a third-party credit card, prior to the purchase of any products or services, you must provide Mason Companies or its third-party credit card processor with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to Mason Companies or its third-party credit card processor, you agree that you authorize Mason Companies or its processor to charge your card at Mason Companies’ convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Mason Companies Websites, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Mason Companies will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that Mason Companies does not provide price protection or refunds in the event of a price drop or promotional offering.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Products are provided without warranties beyond any right to return provided under our Return Policy.  Products may be sold subject to manufacturer warranties, and purchasers must contact relevant manufacturers to obtain any recovery under those warranties.  Extended warranties may be available for purchase for certain products, and the terms of those warranties apply and govern the rights and obligations of the purchaser.

Modifications to the Websites and Prices

Descriptions of, content related to, and prices for our products listed on the Mason Companies Websites are subject to change without notice.  Notice of a change on one Mason Companies Website may not be applicable to products sold on other Mason Companies Websites. We reserve the right at any time to amend or discontinue a product listed on the Mason Companies Websites without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a product or access to the Mason Companies Websites or any services provided thereon.

 

Product Availability and Appearance

Certain products may be available exclusively online through the Mason Companies Websites. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. We also may exercise this right on a case-by-case basis to limit the sales of our products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products that we offer.

We strive to display products listed on the Mason Companies Websites as accurately as possible, including the colors and images of our products that appear. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

Errors, Inaccuracies and Omissions

There may occasionally be information on the Mason Companies Websites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any of the Mason Companies Websites or related website is inaccurate at any time without prior notice (including after you have submitted your order). If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If a product you purchased from Mason Companies is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

 

Accessibility

Mason Companies is committed to ensuring accessibility of the Mason Companies Websites and intranet to people with disabilities. All web content produced by Mason Companies meets WCAG 2.0 AA. We routinely review all web content to ensure compliance with WCAG 2.0 AA.

We are committed to working with third-party developers, and selecting future vendors based on their ability to meet WCAG 2.0 AA. This does not include user-generated content.

 

Third-Party Information

Certain information available on the Mason Companies Websites is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Mason Companies has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party’s website an endorsement of such other party, their products or their services.

 

Submissions Policy

Mason Companies and its employees are in constant development of new products, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. Mason Companies welcomes you to submit your ideas for us to review and provide comments. Because Mason Companies receives a number of submissions, Mason Companies may not review or provide comments on your submission and shall assume no responsibility for doing so. By submitting your idea, you represent and warrant that the materials submitted are original to you and no other party has any rights thereto and that you grant to Mason Companies a limited, non-exclusive, royalty free license to evaluate and use such submission. That license permits Mason Companies to evaluate, use, and understand your submission while allowing you to retain ownership of the submission. All submissions will be non-confidential and will not be returned. There may be times that your submission is similar to an idea Mason Companies is developing or has developed. In order to avoid any misunderstanding as to ownership, priority, or rights to any particular idea, you agree that Mason Companies shall retain all rights to the products that it develops and you will not contest Mason Companies’ rights in those products. As Mason Companies has made hundreds of products and is continuing to introduce products already developed, under development, and in future development, you agree that you will bring no legal action against Mason Companies and will hold Mason Companies harmless for any products Mason Companies designs, develops, makes, sells, or markets, even if your submitted idea was similar.

 

Feedback

Mason Companies welcomes user feedback regarding its business and products. In providing feedback, however, users should be mindful of Mason Companies’ submission policy, set forth in this Agreement. If you want to send us your feedback, please provide only specific feedback on Mason Companies’ existing products, promotions, or business. Do not include any submissions that this Agreement will not permit Mason Companies to consider. All feedback shall be deemed non-confidential and Mason Companies shall be free to use such feedback on an unrestricted basis.

 

Questions, Complaints, Claims

If you have any questions, complaints, or claims with respect to the Mason Companies Websites or the products thereon, please contact us at: Mason Companies, Inc., Attn: Contact Center, 1251 1st Avenue, Chippewa Falls, WI 54729. We will do our best to address your concerns. If you feel that your concerns have been addressed inadequately, we invite you to let us know for further investigation.

 

Contests and Sweepstakes

Mason Companies may run contests or sweepstakes of various types from time to time. Such promotions may be promoted or described on one or more of the Mason Companies Websites, or may include use of the Mason Companies Websites as part of the operation of the contest or sweepstakes. All such contests and sweepstakes are subject to the complete and official rules of the contest or sweepstakes even if those rules are not found on the Mason Companies Websites and are void where prohibited, taxed or regulated. Mention of such a contest or sweepstakes on the Mason Companies Websites is not an offer to participate in the contest or sweepstakes, and does not trigger any obligation to participate, or change the odds of winning in any way.

Submission of a user’s name, photograph, likeness, statements, biographical information, voice and address (city and state) as part of any contest, sweepstakes, or when a user provides such information shall give Mason Companies permission to use such information in all forms of media, in perpetuity, without notice or further compensation.

Coupons

Mason Companies may allow consumers to download discount coupons from the Mason Companies Websites. All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Mason Companies Websites relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer.  Mason Companies has no obligation to honor any invalid or third party coupons.

 

Consideration

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Mason Companies Websites and receipt of data, materials and information available at or through the Mason Companies Websites.

 

Disclaimer and Limitation of Liability

Without limiting the foregoing, everything on the Mason Companies Websites is provided to you “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, and those arising from a course of dealing, usage, or trade practice. ADDITIONALLY, MASON COMPANIES DOES NOT WARRANT THAT THE MASON COMPANIES WEBSITES OR THE SERVERS MAKING THE WEBSITES AVAILABLE ARE VIRUS FREE.

It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Mason Companies does not warrant that access to the Mason Companies Websites or use of the Mason Companies Websites will be uninterrupted or error free, that defects will be corrected, or that the Mason Companies Websites or the server that makes them available are free of viruses or other harmful components. Released Parties as defined below do not warrant or make any representations regarding the use or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Neither Mason Companies nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (“Released Parties”) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Mason Companies. Mason Companies shall have no responsibility to provide access to the Mason Companies Websites while the interruption of the Mason Company Websites due to any such cause shall continue. Mason Companies may discontinue providing access to the Mason Company Websites at any time.

Released Parties make no representations or promises to develop, provide or market any software, service or product discussed on the Mason Companies Websites, and you shall not rely on the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.

IN NO EVENT WILL ANY MEMBER OF RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MASON COMPANIES WEBSITES. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THE MASON COMPANIES WEBSITES OR ANY WEBSITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

 

Indemnification

You agree to release, defend, indemnify and hold Mason Companies, its subsidiaries and affiliates, and its respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or in any way connected with your access to or use of the Mason Companies Websites or any website information, or breach of this Agreement.

 

Applicable Laws

Mason Companies controls and operates the Mason Companies Websites from its offices in the United States of America. Mason Companies does not represent that materials on the Mason Companies Websites are appropriate or available for use in other locations. Persons who choose to access the Mason Companies Websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Jurisdiction

Mason Companies controls and operates the Mason Companies Websites from Chippewa Falls, Wisconsin, in the United States of America. This Agreement shall be governed by and interpreted according to the laws of the State of Wisconsin. You agree that any and all disputes, claims, and causes of action arising out of or connected with the Mason Companies Websites shall be resolved individually, without resort to any form of class action. Your consent and the parties mutual agreement to this Agreement shall be deemed to have been executed in Chippewa Falls, Wisconsin. Unless expressly stated otherwise, you consent to the personal jurisdiction and venue of the courts in or around Chippewa Falls, Wisconsin, expressly waive any objection to such jurisdiction and venue, and further consent that any process, notice of motion, or other application to such courts or a judge thereof may be served outside the State of Wisconsin by registered or certified mail, email to a known email address, or by personal service, provided that a reasonable time for appearance is allowed.

 

Termination

Mason Companies may terminate this Agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials.

The provisions of this Agreement, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mason Companies in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and dispute resolution.

In addition, by providing material on the Mason Companies Websites, Mason Companies does not in any way promise that the materials will remain available to you. Mason Companies is entitled to terminate all or part of any of the Mason Companies Websites at any time, without notice to you.

 

Copyright (DMCA) Policy

You agree that Mason Companies may communicate any notices to you under this Agreement, through electronic mail, regular mail, or posting the notices on the Mason Companies Websites. All notices to Mason Companies will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Mason Companies, Inc.,

Attn: Legal Department, 1251 1st Avenue, Chippewa Falls, WI 54729.  Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Mason Companies will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims of infringement (our “Designated Agent”). Our Designated Agent is:

Mason Companies, Inc.

Attn: Legal Department

1251 1st Avenue

Chippewa Falls, WI 54729

Email: [email protected]

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

 

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Mason Companies will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

 

Non-Copyright Intellectual Property Policy

Mason Companies will respond promptly to claims of non-copyright intellectual property infringement, for example trademark infringement, that are reported to the agent that we have designated to receive notifications of claims of infringement (our “Designated Agent”). Our Designated Agent is:

Mason Companies, Inc.

Attn: Legal Department

1251 1st Avenue

Chippewa Falls, WI 54729

Email: [email protected]

If you are an intellectual property owner (or authorized to act on behalf of the intellectual property owner) and believe that your intellectual property has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

 

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the intellectual property claimed to have been infringed, or, if multiple protected intellectual property rights at a single online site are covered by a single notification, a representative list of such alleged intellectual property rights at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Mason Companies will investigate notices of intellectual property infringement and take appropriate actions. Inquiries that do not follow this procedure may not receive a response.

 

Personal Information and Privacy Policy

Please see Mason Companies’ Privacy Policy located here, which is incorporated in this Agreement, relating to the collection and use of information through the Mason Companies Websites. Your submission of personal information to any of the Mason Companies Websites is governed by our Privacy Policy.

 

Entire Agreement

This Agreement shall constitute the entire Agreement (including the Privacy Policy and Return Policy set forth herein) between you and Mason Companies regarding the use of the Mason Companies Websites.

 

Assignment

Mason Companies may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Mason Companies.

 

No Waiver

Except as expressly set forth in these Agreement, (i) no failure or delay by you or Mason Companies in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this Agreement will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

 

California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

 

Changes to Agreement

You may review the most current version of the Agreement at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes at the Mason Companies Websites. It is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Mason Companies Websites following the posting of any changes to this Agreement constitutes acceptance of those changes.

 

Severability

If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.