Terms & Conditions
Agreement between user and MTHD by oscar
Welcome to MTHD. The website www.mthdbyoscar.com (the “site”) is composed of various web pages operated by MTHD by Oscar(“MTHD”). The site is offered to you conditioned on your acceptance of these terms. Your use of the website constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.
www.mthdbyoscar.com is the company's main website.
Visiting the site or sending emails to the email@example.com constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosure and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all the activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MTHD by Oscar is not responsible for third party access to your account that results from theft or misappropriation of your account. MTHD and its associates reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
MTHD collects personally identifiable information from children under the age of thirteen. MTHD collects the information for the following reason(s):
If you are under the age of thirteen, you must ask your parents or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices please contact us using the contact information provided at the end of this agreement. If you are under 18, you may use MTHD only with permission of a parent or guardian.
Link to Third Party Sites/ Third Party Services
MTHD may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MTHD and are not responsible for any content of any linked site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MTHD is providing these links to you only as a convenience and the inclusion of any does not constitute endorsement by MTHD of the site or any association with its operators.
Certain services made available via MTHD are delivered by third party sites and organizations. By using any product, service or functionality originating from the MTHD by Oscar domain, you hereby acknowledge and consent that MTHD may share such information and data with any third party with whom MTHD has a contractual relationship to provide the requested services, product or functionality on behalf of MTHD users and customers.
No Unlawful or Prohibited Use/ Intellectual Property
All content included as part of the services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of MTHD by Oscar or its suppliers and protected by copyright and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, creat derivative works, or in any way exploit any of the content,in whole or in part, found on the site. MTHD content is not for resale. Your use of this site doesn’t entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MTHD and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any license, express or implied, to the intellectual property of MTHD or any license except as expressly authorized by these terms.
Use of Communication Services
The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and /or other message or communication facilities designed to enable you to communicate with the public at large or with a group collectively, (“Communication Services”/ “CS”). You agree to use CS only to post, send and receive messages and material that are proper and related to the particular CS.
By way of example, and not by limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name material or information, upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents; uploaded files that contain viruses, corrupt files, or any other similar software programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such CS specifically allows such message; conduct or forward surveys, contest, pyramid schemes or obtain letters; download any file posted by another user of a CS that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attribution, legal or other property notice or proprietary designations or label of the origin of source of software or other material contained in a file that is uploaded; restrict or inhibit anyother user from using and enjoying the CS’s; violate any code of conduct or other guidelines which may be applicable for any particular CS, harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MTHD has no obligation to monitor the CS, However MTHD reserves the right to review material posted to a CS and to remove any material in its sole discretion. MTHD reserves the right to terminate your access to any or all of the CS at any time without reason whatsoever.
MTHD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulations, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MTHD’s sole discretion.
Always use caution when giving out any personal identifying information about yourself or your children in any CS. MTHD does not control or endorse the content, messages or information found in any CS and, therefore, MTHD specifically disclaims any liability with regards to the CS and any actions resulting from your participation in any CS. Managers and hosts are not authorized MTHD spokesperson, and their views do not necessarily reflect those of MTHD.
Material uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Material Provided to MTHD or posted on Any MTHD web page
MTHD does not claim ownership of materials you provide to MTHD (including feedback and suggestions) or posts, uploads, input or submit to any MTHD site or our associate services (collectively “submissions”). However by posting, uploading, inputting, providing or submitting your submission you are grantting MTHD, our affiliated companies and necessary sublicenses permission to use your submission to connection with the operation of their internal business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of submission, as provided herein, MTHD is under no obligation to post or use any submission you may provide and may remove any submission at any time in MTHD’s sole discretion.
By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission.
The service is controlled, operated and administered by MTHD from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all the local laws. You agree that you will not use the MTHD content accessed through MTHD in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MTHD, It’s officers, directors, employees, agents and third parties, for any losses,costs,liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user posting made by you, violation of any terms of this agreement or your rights of a third party or your violation of any applicable laws, rules or regulations. MTHD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MTHD in asserting any available defenses.
In the event of parties are not able to resolve any dispute between them arising out of concerning these terms and conditions, or any provision hereof, whether in contract, tort or otherwise at law or in equity damages or any other relief, then such dispute shall be resolved only by final binding arbitration pursuant to the federal arbitration act, conducted by the single neutral arbitrator and administered by the American arbitration association, or a similar arbitration service selected by the parties. In a location mutually agreed upon by the parties. The arbitrator’s award shall be final and binding and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable actions, proceeding or arbitration arises out of these terms and conditions, the prevailing party shall be entitled to recover its cost and reasonable attorney’s fee. The parties agree to arbitrate all disputes and claims in regards to these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including tort claims that are a result of these terms and conditions. The parties agree that the federal arbitration act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of the arbitration shall be governed by the arbitration rules. This arbitration provision shall survive the termination of this agreement.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN JAVY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING. SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and agree otherwise. the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION AND/ORITS SUPPLIERS MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY. RELIABILITY. AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MTHD reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MTHD as a result of this agreement or use of the Site. MTHD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MTHD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MTHD with respect to such use, If any part of this agreement is 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 or the agreement shall confine in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MTHD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MTHD with respect to the Site. A printed version of this agreement and of any notice 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. It is the express wish to the parties that this agreement and all related documents be written in English
Changes to Terms
MTHD reserves the right, in its sole discretion, to change the Terms under which MTHD is offered. The most current version of the Terms will supersede all previous versions. MTHD encourages you to periodically review the Terms to stay informed of our updates.
MTHD welcomes questions or comments regarding the Terms
Effective as of the date
Oct 26, 2022