Welcome to www.mainsail.media (the "Site"), operated by Mainsail, LLC ("Mainsail," "we," "us," or "our"). By accessing or using this Site, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please discontinue use of the Site immediately.
These Terms constitute a legally binding agreement between you and Mainsail, LLC governing your access to and use of the Site. We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
You agree to use the Site only for lawful purposes and in a manner consistent with all applicable laws and regulations. You agree not to:
All content on this Site, including but not limited to text, graphics, logos, images, and the overall design, is the property of Mainsail, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may access and view the content of this Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from this Site without our prior written consent.
The Mainsail name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mainsail, LLC. You may not use such marks without the prior written permission of Mainsail, LLC.
The information provided on this Site is for general informational purposes only and does not constitute legal, financial, tax, or any other professional advice. Mainsail, LLC is not a law firm and does not provide legal services directly. Nothing on this Site should be construed as the formation of a client relationship or as legal, financial, or professional advice of any kind.
You should consult a qualified professional before making any decisions based on information obtained from this Site.
By submitting information through our contact form, you represent that the information you provide is accurate and that you have the right to submit such information. You acknowledge that submission of the contact form does not create any client, contractual, fiduciary, or other professional relationship between you and Mainsail, LLC.
Any information you submit through the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference.
This Site may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Accessing any third-party website linked from this Site is at your own risk.
THIS SITE AND ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MAINSAIL, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAINSAIL, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless Mainsail, LLC and its members, managers, employees, agents, and affiliates 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 or your use of the Site.
Before initiating any formal legal proceeding, you agree to first contact Mainsail, LLC at info@mainsail.media and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt to resolve the dispute informally for a period of sixty (60) days from the date the notice is received. If the dispute is not resolved within that period, either party may proceed to arbitration as set forth below.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Except for disputes that qualify for small claims court, all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Site that are not resolved through the informal dispute resolution process above shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Williamson County, Tennessee, unless otherwise agreed by the parties.
Class Action Waiver: YOU AND MAINSAIL, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.
If the class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the dispute shall be resolved in a court of competent jurisdiction in Williamson County, Tennessee.
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.
For any disputes not subject to arbitration, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Williamson County, Tennessee, and you hereby consent to personal jurisdiction and venue in such courts.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mainsail, LLC with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
If you have any questions about these Terms of Use, please contact us at:
Mainsail, LLC
Email: info@mainsail.media