Terms of Use

Introduction

This document sets forth the terms and conditions Montage Talent, Inc. (hereinafter, “Montage,” “We” or “Us”) imposes upon users of the Montage website (the “Site”). By accessing or using the Site, you accept the terms and conditions set forth below as well as the terms of the Montage Privacy Policy (collectively the “Terms”). If you disagree with any part of the Terms, you must not use this Site. We reserve the right to modify the Terms from time to time and you should review these Terms periodically for such changes. Revised Terms will apply to use of the Site from the date of the publication of the revised Terms.

By using the Site, you agree to be legally bound by the Terms. These Terms apply to use of the Site only. Terms of service for particular Montage services are available through those services.

Acceptable Use

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, or other malicious computer software.

License to use Site; Intellectual Property

Unless otherwise stated, Montage and/or its licensors own the intellectual property rights in the Site and material on the Site. All such intellectual property rights are reserved, subject to the license below.

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and
use the Site.

You shall not reproduce, duplicate, copy, republish, sell, lease or sublicense material from this Site or otherwise edit or modify any material on this Site. You shall not sub-license, assign or otherwise transfer the rights granted to you in this clause. No other right, title, or interest in the Site is granted to you.

Privacy and Security

Our Privacy Policy, which establishes the terms on which we process any personal data we collect from you, or that you provide to us applies to your use of this Site. By using this Site, you consent to such processing and you warrant that all data provided by you is accurate.

Availability

Montage will not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond Montage’s control.

Warranty Disclaimer

THIS SITE IS PROVIDED BY MONTAGE ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MONTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT. NEITHER MONTAGE, NOR ANY OF OUR SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOT ALL PRODUCTS OR SERVICES REFERENCED ON THIS SITE ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. MONTAGE RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE USE OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MONTAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM ANY USE OR THE INABILITY TO USE THE SITE (INCLUDING CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE LINKED TO THE SITE) AS WELL AS UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.

Breaches of these terms and conditions

Without prejudice to Montage’s other rights under these Terms, if you breach the Terms in any way, Montage may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, and/or bringing court proceedings against you.

Links

This Site may contain links to third party websites. These links are provided solely as a convenience  to you and not as an endorsement by Montage of the content on such third party websites. Montage is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you access linked third party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party websites.

Force Majeure

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, if such delay or failure result from events, circumstances or causes beyond our reasonable control.

Governing Law and Jurisdiction

These Terms will be governed by, and construed and enforced in accordance with, the laws of the State of Wisconsin, U.S.A. without regard to conflicts of law principles. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the state and/or federal courts located in Wisconsin.

Contact Information
Questions related to the Terms may be referred to Montage at:

Montage Talent, Inc.
440 Wells Street, Suite 200
Delafield, WI 53018
Phone: 262.264.5964
Email: legal@montagetalent.com

Effective Date: July 20, 2018