TERMS OF USE

Welcome to www.mastgeneralstore.com (the “Mast Website”), which is an ecommerce website that is owned by Mast General Store (hereinafter, “Mast General Store” or “we”). The Mast General Store has long conducted business with a handshake and kind words among friends. As we move into old-fashioned cyberspace, it is our intention to continue in much the same manner. That said, we recognize that we need to state, upfront, some of the obligations that we are bound to uphold and that you are agreeing to by visiting with us here around our virtual pot-bellied stove. We appreciate the time you spend with us in person and online and hope both experiences are memorable and noteworthy.

general

By accessing or using the Mast Website, you, the user of the Mast Website (“you,” “your,” or “user”), are subject to and agree to be bound by this Terms of Use Agreement (“Agreement”), our Privacy Policy, and any other additional terms incorporated by reference herein. You are only authorized to use the Mast Website if you agree to abide by all applicable laws and regulations. Please read this Agreement and the Privacy Policy carefully. If you do not agree with the terms herein, you should leave the Mast Website and discontinue use of the Mast Website immediately.

modifications to this agreement

Mast General Store may modify this Agreement from time to time, and any such modifications shall be effective upon posting by Mast General Store on the Mast Website. You agree to be bound to any changes to this Agreement when you use the Mast Website after any such modification is posted. It is therefore important that you review this Agreement each time before accessing the Mast Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to this Agreement, you will need to terminate your account, if any, and refrain from using the Mast Website or ordering any products after that date. No other amendments will be valid unless they are in a paper writing signed by Mast General Store and by you.

modifications to the mast website

You understand and agree that Mast General Store may discontinue or change the Mast Website at any time, without notice to you. Mast General Store makes no commitment to update the information and content on the Mast Website.

registration and password

In consideration of your use of the Mast Website, you agree to provide true, accurate, and complete information about yourself as prompted by the Mast Website account registration or ordering processes. In addition, you agree to update that information in order to maintain its truth, accuracy, and completeness. You agree that all information you provide to register with the Mast Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE MAST WEBSITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Mast Website for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Mast General Store immediately to authorize Mast General Store to deny access to the Mast Website to anyone else presenting your password. Mast General Store reserves the right to disable any user name, password or other identifier, whether chose by you or provided by us, at any time if, in our sole opinion, you have violated this Agreement.

use and termination

This license to use the Mast Website is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Mast General Store. You understand and agree that Mast General Store, in its sole discretion, may terminate your account, direct you to cease using the Mast Website, and discontinue or restrict your access to the Mast Website, all without notice to you and for any reason. You agree that Mast General Store shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mast Website, your status as an account holder, or any parts thereof.

intellectual property protection

The Mast Website and its entire contents, features, and functionality including but not limited to all information, software, text, artwork, designs, graphics, page headers, logos, button icons, images, audio clips, video clips, digital downloads, prices, product descriptions, data compilations, scripts, trade names, service names, trade dress, and the design, selection, and arrangement thereof (collectively, “Content”), is the property of Mast General Store, its licensors, or other third party providers, and is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, reproduce, distribute, alter, display, perform, publish, license, broadcast, transmit, create derivative works from, download, disassemble, decompile, or store such Content without the prior written consent of Mast General Store; provided, however, you may print or download one copy of a reasonable number of pages of the Mast Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. Systematic retrieval of data or other Content from the Mast Website to prepare any collection, compilation, database, or directory is strictly prohibited. The trademarks in the Content shall not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mast General Store or the respective trademark owners. EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER MAST GENERAL STORE NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE MAST WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

user contributions

The Mast Website may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Mast Website. Any User Contribution you post to the Mast Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Mast Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that: (A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (B) All of your User Contributions do and will comply with this Agreement, including the Contribution Standards below. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Mast General Store, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Mast Website.

contribution standards

These contribution standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

monitoring and enforcement

Mast General Store reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mast Website or the public or could create liability for Mast General Store; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mast Website; and terminate or suspend your access to all or part of the Mast Website for any or no reason, including without limitation, any violation of this Agreement. We do not undertake to review all User Contributions before they are posted on the Mast Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

copyright infringement

If you believe that any User Contributions violate your copyright, please send us a notice of the copyright infringement. It is the policy of Mast General Store to terminate the user accounts of repeat infringers.

Reliance on Information posted

The information presented on or through the Mast Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Mast Website, or by anyone who may be informed of any of its contents.

made in the usa

At the Mast General Store, our buying team sources goods first locally, then regionally, then nationally and internationally. We are always looking for opportunities to support artisans, craftsmen, and manufacturers making their goods in the United States. That being stated, we depend upon the product information that our vendors and manufacturers provide to us in order to designate the items as Made in the USA. We require that our partners notify us if their manufacturing changes in a way that would change their products' Made in the USA status. If you learn that a "Made in the USA" product designation is questionable, please contact us and let us know.

online purchases and other terms and conditions

All purchases through the Mast Website are subject to our additional terms of sale, which are hereby incorporated into this Agreement, including without limitation our Exchanges & Returns Policy and our Shipping Policy.

links to other sites

The Mast Website may contain hyperlinks to third party websites that are not under the control of Mast General Store. Mast General Store is not responsible for any content in any advertisement or hyperlink on the Mast Website or for any content in any hyperlinked website. If you access a third party website from the Mast Website, then you do so at your own risk. A hyperlink to a third party website does not imply that Mast General Store endorses the content on or the business of the hyperlinked website. You are solely responsible for determining the integrity and reliability of the information in the advertisement or hyperlink on the Mast Website as well as the information on the hyperlinked website. Mast General Store provides hyperlinks only as a convenience. Additionally, your dealings with or participation in promotions of advertisers found on the Mast Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Mast General Store shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

disclaimer of warranties

Mast General Store uses reasonable efforts to provide accurate, complete, and current information on the Mast Website. However, Mast General Store does not guarantee or warrant that the Content herein is accurate, complete, timely, or free of technical or typographical errors. It is your responsibility to verify any information provided. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE MAST WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAST GENERAL STORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAST GENERAL STORE MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE MAST WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES MAST GENERAL STORE MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, PRODUCTS, OR SERVICES PROVIDED OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. MAST GENERAL STORE MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE MAST WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

limitation of liability

YOU AGREE THAT NEITHER MAST GENERAL STORE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MAST WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE MAST WEBSITE, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE MAST WEBSITE, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE MAST WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE MAST WEBSITE. IN NO EVENT SHALL MAST GENERAL STORE, ITS AGENTS, AND PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE MAST WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED, OR FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE MAST WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MAST GENERAL STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAST GENERAL STORE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAST GENERAL STORE FOR THE ACCESS TO AND USE OF THE MAST WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless Mast General Store, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys’ fees, arising from your use of the Mast Website, breach of this Agreement, or breach of any third party’s rights. This indemnification shall survive any termination of your status as an account holder or use of the Mast Website.

governing law and jurisdiction

You acknowledge that the Mast Website is controlled in and originates from the United States. Mast General Store makes no representation that any of Mast Website is appropriate or available for use in other locations. Mast General Store has no responsibility for any access to the Mast Website from territories where the Content may be illegal or otherwise prohibited. If you choose to access the Mast Website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of the Mast Website and any Content shall be governed by the internal substantive laws of the State of South Carolina, without regard to its conflicts of laws rules. You expressly consent to the jurisdiction of the state and federal courts of South Carolina for any such claim.

limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MAST WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

waiver and servability

No waiver of by Mast General Store of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of mast General Store to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

entire agreement

This Agreement, as amended, and the consents provided by you, constitute the entire agreement between you and Mast General Store.

comments and concerns

All feedback, comments, requests for technical support and other communications relating to the Mast Website should be directed to: [email protected].