Please review the Terms and Conditions carefully. If You do not agree to the terms of the Agreement in their entirety, You are not authorized to use this Site and/or the Network offered by Mountain Top.
Use of Services: Mountain Top provides a Network by which publishers and advertisers can advertise products, maximize conversions, increase income and grow their brand. The Network may be used for only lawful purposes and may NOT be used to send unsolicited messages and/or advertisements, or in any illegal or abusive manner, or used in any way that interferes with the legal and/or contractional rights of another. Mountain Top reserves the right at its sole discretion, to determine any violation of the use of the Network and to deal with such violation as Mountain Top in its sole discretion shall determine appropriate. User agrees to assume full responsibility and accept any and all legal consequences that may arise out of User’s use of the Network and/or this Site.
Mountain Top reserves the right to suspend or terminate User’s access and use of the Network at any time, at its sole discretion, and without prior warning if the use of the Network is reasonably believed to violate the Terms and Conditions this Agreement or any applicable law.
Legal Compliance: You acknowledge and agree that Mountain Top is a service provider who provides Users with a Network by which the User can market offers and products to consumers. Under no circumstance shall Mountain Top be liable for any text messages, phone calls, emails, and/or any other marketing materials and/or actions (“Marketing Actions”) taken by You or by any entity on your behalf. Mountain Top shall not be liable for any violations of any federal, state or local, laws, acts and/or regulations including, but not limited to the Telephone Consumer Protection Act (TCPA), and any and all requirements of any national, state and/or local do not call lists resulting from or arising out of any Marketing Actions made by You or by any entity on your behalf .
User Account: When You register on the Site as either a Publisher or Advertiser, You will be set up with an account, which You can access by entering Your username and password (“User Account”). The User Account is for a single User only. Mountain Top will not permit sharing of accounts with any other entities nor with multiple Users on a network. Responsibility for the security and confidentiality of any passwords issued rests solely with each User. Mountain Top will not be liable for any losses or damages suffered by You due to the disclosure of any User Account passwords.
User Accounts are only available to authorized representatives of valid legal entities and/or individuals of eighteen (18) years of age or older, who can enter into legally binding contracts under applicable law. Users must provide a valid email address that is accessed regularly, so that notices and updates can be sent to You. User Accounts registered with someone else’s email address, or with temporary email addresses, will be closed without notice. Mountain Top may require Users to revalidate their User Account if Mountain Top believes they have been using an invalid email address.
User will be responsible and liable for all activities occurring under the User Account. If You suspect that someone has gained unauthorized access to the User Account, You must inform Mountain Top immediately by sending an e-mail to email@example.com or such other e-mail address as may be notified to you from time to time.
Equipment Requirements: It is the responsibility of the User to ensuring that all necessary internet connections and equipment necessary to access and use the User Account are provide and properly functioning.
Prohibited Content: Mountain Top prohibits use of its Network in connection with any of the following content, products, and/or services.
• Pornography, sexual products, otherwise sexually explicit material, and escort Services,
• Illegal drugs and/or drug contraband and promotions of alcoholic beverages,
• Cannabis and CBD products,
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code,
• Instructions or materials for the assembly of bombs or other weapons,
• Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor),
• Pyramid schemes or multilevel-marketing businesses, including but not limited to “get rich quick,” “build your wealth,” and “financial independence” offerings,
• Any libelous, defamatory, scandalous, threatening, or harassing activity,
• Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry or discrimination,
• Advocation, promotion, or other encouragement of violence,
• Any product or service that is unlawful where such product or service or promotion thereof is received,
• Images of authors, artists, photographers, or others without written consent of the content owner,
Modification: Mountain Top, in its sole discretion, may amend these Terms and Conditions from time to time without specific notice to You. The latest version of these Terms and Conditions will be posted on the Site, and You should review these Terms and Conditions prior to using the Site and/or the Network By Your continued use of the Site and/or Network, You hereby agree to comply with all of the terms and conditions contained within these Terms and Conditions effective at that time. It is recommended that You should regularly check these Terms and Conditions for updates and/or changes.
Limitation of Liability: In no event shall Mountain Top, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) User’s access to or use of or inability to access or use the Site and/or Network; (ii) any conduct or content of any third party; and (iii) any unauthorized access, use or alteration of User Account whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Mountain Top has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, Services and other matters related to the Site and/or Network offered by Mountain Top may be protected under applicable copyrights, trademarks and other proprietary rights (including, but not limited to, intellectual property rights). The copying, redistribution, publication, or sale by You of any part of the Site and/or Network is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services, or other materials viewed at or through the Site and/or Network The Mountain Top name and logo are the exclusive property of Mountain Top Affiliate Network Inc. Any posting of information or material on or through the Site and/or Network does not constitute a waiver of any right in or to such information and/or materials.
Indemnification: You agree to indemnify and hold Mountain Top, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Network; (b) Your breach of this Agreement; and/or (c) any dispute between You and any third party or other entity. The provisions of this Section are for the benefit of Mountain Top, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that Mountain Top has the right to seek and recover all of its damages caused by You through any use of the Site and/or the Network in an unlawful manner and in a manner that violates this Agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services provided by Mountain Top and its affiliates whether or not Mountain Top is notified of any possibility of such damages. This section shall survive the termination of this Agreement regardless of the cause or nature of such termination.
Disclaimer of Warranties: MOUNTAIN TOP PROVIDES ITS NETWORK AND ALL RELATED CONTENT ON AN “AS IS” BASIS. MOUNTAIN TOP AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, MOUNTAIN TOP DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, MOUNTAIN TOP DOES NOT WARRANT THAT ITS NETWORK OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH MOUNTAIN TOP SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION. NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY MOUNTAIN TOP, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOUNTAIN TOP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOUNTAIN TOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, NETWORK AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR ANY OF THE SITE AND/OR NETWORK; (D) THE UNAUTHORIZED ACCESS OR USE OF YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, NETWORK AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE MOUNTAIN TOP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF MOUNTAIN TOP TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MOUNTAIN TOP. THE SITE, NETWORK AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY INQUIRE ABOUT AND/OR APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Third Party Websites: The Site may provide and/or refer you to links to other Internet websites. Because Mountain Top has no control over such third-party websites and/or resources, You hereby acknowledge and agree that Mountain Top is not responsible for the availability of such third-party websites and/or resources. Furthermore, Mountain Top does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Termination: Mountain Top, in its sole discretion, may terminate or suspend use of the Site at any time for any reason or for no reason at all, without prior notice or liability to You. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Waiver and Severability of Terms: At any time, should Mountain Top fail to exercise or enforce any right or provision of this Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement shall remain in full force and effect.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Michigan and further agree that any cause of action arising from or relating to the use of the Site and/or Network shall be brought exclusively in the Federal or State Courts residing in Kent County, Michigan.
To the fullest extent of the law, you agree that any claim or cause of action arising from or relating to use of the Site and/or Network must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Under California Civil Code Section 1789.3, residents of California who use the Site are entitled to know that they may file grievances and complaints with: Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
Mountain Top Affiliate Network Inc.
956 3 Mile Rd NW
Grand Rapids, MI 49544
LAST UPDATED October 22, 2020