21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MASITSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MASITSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESS RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICESS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.23. SPECIAL ADMONITION FOR SERVICESS RELATING TO FINANCIAL MATTERS
If you intend to create or join any SERVICE(S), receive or request any news, messages, alerts or other information from the SERVICES concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The SERVICES is provided for informational purposes only, and no Content included in the SERVICES is intended for trading or investing purposes. Masitsa and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the SERVICES, and shall not be responsible or liable for any trading or investment decisions based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
25. NOTICE
Masitsa may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the SERVICES.
26. TRADEMARK INFORMATION
The Masitsa, Masitsa logo, Mtukufu trademarks and SERVICES marks and other Masitsa logos and product and SERVICES names are trademarks of Masitsa (the "Masitsa Marks"). Without Masitsa's prior permission, you agree not to display or use in any manner the Masitsa Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Masitsa respects the intellectual property of others, and we ask our users to do the same. Masitsa may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Masitsa's Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
" a description of the copyrighted work or other intellectual property that you claim has been infringed;
" a description of where the material that you claim is infringing is located on the site;
" your address, telephone number, and email address;
" a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
" a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send to: police@masitsa.com
28. GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and Masitsa and governs your use of the SERVICES, superseding any prior agreements between you and Masitsa with respect to the SERVICES. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Masitsa SERVICES, affiliate SERVICES, third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and Masitsa shall be governed by the laws at Sheria House without regard to its conflict of law provisions. You and Masitsa agree to submit to the personal and exclusive jurisdiction of the courts located within the county.
Waiver and Severability of Terms.
The failure of Masitsa to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Masitsa account is non-transferable and any rights to your Masitsa ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. (This does not hold for our reseller/affiliate programs)
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SERVICES or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
29. VIOLATIONS
Please report any violations of the TOS to: police@masitsa.com