Effective February 25, 2019
TERMS & CONDITIONS
These terms apply to your use of the www.mastecexpert.com website (the "Website"), including your purchase of MasTec, Inc. products or services through the Website. We may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. This is the entire agreement between us relating to this subject matter.
These terms are governed by and will be construed under the laws of the State of Florida, without regard to its conflict of laws rules. By using this Website you consent to the exclusive jurisdiction of the courts of the Southern District of Florida for the resolution of any disputes arising hereunder.
You agree to indemnify, defend, and hold harmless MasTec, Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website, including without limitation, pricing information, except as required by law.
The availability of the Website may be interrupted due to technical conditions. Your use and browsing of the Website is at your risk. MASTEC DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER MASTEC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. We reserve the right to make changes to the Website at any time without notice.
The information in the Website or referred to therein could constitute forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995, such as statements regarding MasTec's future growth and profitability, growth strategy and anticipated trends in the industries and economies in which MasTec operates. These forward-looking statements are based on MasTec's current expectations and are subject to a number of risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should the underlying assumptions prove incorrect, actual results may differ significantly from results expressed or implied in any forward-looking statements that we make in the Website or the materials referred to herein. These risks, uncertainties and assumptions are detailed in documents filed by MasTec with the Securities and Exchange Commission. MasTec does not undertake to update any statements made in the Website.
All materials contained in this Website are the copyrighted property of MasTec or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, trade names, and trade dress are proprietary to MasTec or its affiliates or licensors. No material from this Website or any Internet site owned, operated, licensed or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In addition to any other prohibition set forth in these terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; or (l) modify or tamper with the Website in any way. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
You may be directed to other websites or sources of information that are beyond our control. We make no representation as to the accuracy or appropriateness of any other website or source of information and are not responsible for the content of any such other website or source. These other websites and sources of information may collect data or solicit personal information and distribute that information. Because these other websites and sources of information operate independently from MasTec, we have no ability to control such collection or sharing of your information. We strongly suggest you review any privacy statements provided by other websites or sources of information you visit.
Equipment and Service Order/Payment Hold
You may order your products and schedule a service date on the Website. Separate charges apply to the purchase of equipment and to the scheduled service. At the time of your order a hold will be placed on your payment source (e.g., credit card or PayPal account) equal to the amount of our standard service fee and the cost of your purchased product. You will not be charged until a service technician arrives to the service location and you agree to the service.
For further information on the types of information we collect during the order process and how we use that information, please refer to our Privacy Statement (https://mastecexpert.com/Orby/PrivacyPolicy).
We reserve the right to refuse any order you place with us. In the event that we cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided at the time the order was made, and you agree to provide current, complete, and accurate contact information when you purchase your product and schedule your service. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Prices do not include applicable taxes, fees, or other assessments. You are responsible for all taxes (including sales tax), fees, assessments, or other charges of any kind imposed by any federal, state, municipal, or other governmental authority that we required to collect or pay with respect to the purchased product and service. We will add any applicable taxes, fees, or other assessments or charges to the sales price where required by applicable law, and you agree to pay such taxes, fees, assessments, or charges.
Risk of Loss
All products shipped to you are F.O.B. MasTec’s shipping point unless otherwise specified. You assume all risk of loss in shipping and all liability for loss or damage, whether direct, indirect, consequential, or otherwise, due to delays once your purchased product has been delivered to the carrier.
Where a MasTec service technician delivers your purchased product, title to your product and risk of loss will pass to you when the service technician arrives at your location and you agree to the service and payment has been tendered.
You may cancel an order at any time prior to the time a service technician arrives to the service location and you agree to the service. If you cancel prior to that time, you will not be charged for the service or for your purchased product. After agreeing to the service you will not be able to cancel.
No Returns or Refunds
Once you agree to the service with the technician and your selected payment method is charged, you may not return the purchased product and no refund will be provided for either the purchased product or the scheduled service.
We are not responsible for returns or refunds of products purchased outside of the Website or though other retailers, which includes Orby TV set-top boxes. For information on returns of such products, contact the business through which you purchased the product.
Products and Services Warranties
THE LIMITED WARRANTIES APPLICABLE TO YOUR PURCHASED PRODUCT OR SCHEDULED SERVICE CAN BE FOUND IN THE DOCUMENTATION PROVIDED WITH YOUR PURCHASED PRODUCT OR BY CONTACTING US BY CALLING 866-234-3069 OR EMAILING ORBYCUSTOMERHELP@MASTEC.COM. MASTEC MAKES NO OTHER WARRANTIES FOR YOUR PURCHASED PRODUCT OR SCHEDULED SERVICE, AND MAKES NO WARRANTIES WHATSOEVER FOR NON-MASTEC PRODUCTS OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
California Transparency in Supply Chains Act
Pursuant to California Civil Code Section 1714.43, MasTec has not taken specific actions with respect to:
Verification of product-supply chains to evaluate risks of human trafficking and slavery;
Conducting audits of suppliers to evaluate compliance with company standards on human trafficking and slavery;
Requiring direct suppliers to certify that their products comply with applicable laws against human trafficking and slavery;
Maintaining any internal standards for employees and contractors who fail to meet company standards regarding human trafficking and slavery;
Providing training on mitigating the risks of human trafficking within the supply chain.