Terms of Service

These Terms and Conditions are between MASTERINGCOM INC (DBA Phase Rack) ("Company", "we" or "us") and the person or entity agreeing to these Terms and Conditions ("you"). These Terms and Conditions govern your use of our websites and services. By using our websites and services, you agree to be bound by these Terms and Conditions. You must be 18 or older to use our websites and services. If you do not agree with any of these Terms and Conditions, you may not use our website or services.

Services

MASTERINGCOM INC, through its website, provides digital products and related services (collectively, the "Service" or "Services"). Subject to these Terms and Conditions and our Privacy Policy, MASTERINGCOM INC grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services strictly in accordance with these Terms and Conditions and the Privacy Policy. You agree not to use the Service for any illegal or unauthorized purpose, and to only use the Service in compliance with all applicable laws and regulations. You agree not to use the Service to send spam or otherwise duplicative or unsolicited messages. You agree that you will not use the Services to transmit material that (a) violates or infringes in any way upon the rights of others, (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (c) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (d) contains a computer virus or other destructive element, or (e) could otherwise expose MASTERINGCOM INC to liability or damages.

Except as expressly provided in this Agreement, all use of the Services requires separate agreement, including payment as needed. You agree not to misuse any communications tools provided as part of the Service. You understand that MASTERINGCOM INC reserves the right to alter, modify, update, or remove the Service at our sole discretion.

Intellectual Property

All content made available to you by us via the Services, including but not limited to, designs, text, graphics, pictures, video, information, software, music, sound, and other files, and their selection and arrangement (the "Content") is the proprietary property of MASTERINGCOM INC, our affiliates or licensors and is protected by copyright, trademark and other intellectual property laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the Content in whole or in part. You agree not to challenge our ownership or use of any intellectual property that we own or license. You agree not to use our brand features in any way that would diminish or harm them.

Product and Service Descriptions and Pricing

Although we have attempted to be as accurate as possible in our product and service descriptions and pricing, we do not warrant that product or service descriptions or other content on our websites are accurate, complete, reliable, current, or error-free. If a product or service we offer is not as described, your sole remedy is to return it in unused condition in accordance with our return policy. We reserve the right to change prices and to add, alter, or remove special offers at any time.

Refunds

All refund requests are handled on a case-by-case basis. Please contact us at [email protected] if you have any questions or concerns about a product or service you have purchased. We will always do our best to make sure you are satisfied with your purchase.

Limitation of Liability

MASTERINGCOM INC WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, PROFITS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT MASTERINGCOM INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MASTERINGCOM INC'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Third-Party Sites and Services

Our websites may include links to other websites and services. We do not endorse these third-party sites or services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access or use of third-party sites or services.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MASTERINGCOM INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MASTERINGCOM INC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

Indemnification

You agree to defend, indemnify, and hold harmless MASTERINGCOM INC and our licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions, your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services.

Applicable Law

By visiting the Services, you agree that the laws of the Province of British Columbia and federal laws of Canada applicable therein, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MASTERINGCOM INC.

Disputes

Any dispute relating in any way to your visit to the Services or to products you purchase through the Services shall be submitted to binding arbitration in British Columbia, Canada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Arbitration under these terms and conditions shall be conducted pursuant to the rules then prevailing of a mutually agreed upon arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Changes to Terms

MASTERINGCOM INC reserves the right to change these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. If you do not agree to any such change, you may not use our website or services.

Contact

If you have any questions about these Terms and Conditions, please contact us at [email protected].