Welcome to msftools.com. The msftools.com website (the "Site") is comprised of various web pages operated by Hazeltools, Inc. ("Hazeltools"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Site is an electronic gaming strategy website. The purpose of our site is to allow players to access detailed ability information for Marvel Strike Force characters, to track the stats of the characters in their roster, to share those stats with others, and to access other strategy tools that will be made available from time to time.
Hazeltools provides selected features of the Site without an account and free-of-charge. Other features of the Site require an account before you can access them. Some of these features additionally require a premium subscription associated with your account or with one or more accounts in your alliance. You acknowledge that other than access to these other features, you do not gain any other rights by signing up for an account or a premium subscription.
Visiting the Site or sending emails to Hazeltools constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account, your password (if you choose to use one), and any third-party account and password (such as facebook) that you use to log into your account on the Site. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hazeltools is not responsible for third party access to your account that results from theft or misappropriation of your account. Hazeltools and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
If you elect to add your e-mail address or any other information to the Settings section of your Profile, you shall provide correct information only and promptly update it.
If you elect to use a password on the Site, you agree not to use the same or similar password for any other purpose, and if your password on the Site becomes disclosed you agree to accept responsibility for any losses incurred with respect to any other purposes for which you used the same or similar password.
Hazeltools does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are between the age of 13 and 18, you may use the Site only with permission of a parent or guardian.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hazeltools and Hazeltools is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hazeltools is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hazeltools of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the msftools.com domain, you hereby acknowledge and consent that Hazeltools may share such information and data with any third party with whom Hazeltools has a contractual relationship to provide the requested product, service or functionality on behalf of Hazeltools’ users and customers.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hazeltools, its suppliers, or FoxNext Games, LLC and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hazeltools content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Hazeltools and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hazeltools or our licensors except as expressly authorized by these Terms.
If you elect to provide feedback regarding the Site, you agree that Hazeltools can use such feedback to update the site and you agree to grant a non-exclusive, non-transferable, irrevocable license to use any of your intellectual property related to such feedback. This provision applies to all feedback, whether submitted directly to Hazeltools or provided via another forum.
If you delete or replace content you published to the Site, it will no longer be available or visible to other users on the Site. Unless you are the leader of your alliance, you might not be able to delete content related to your alliance, such as the name of your alliance and the ranks and divisions of its members. In this case, you can leave the alliance, and the content will no longer be associated with your account. Terms regarding the status of such content shall remain applicable even when you leave the alliance.
The Site is controlled, operated and administered by Hazeltools from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
If you have a dispute with one or more other users of the Site, you shall release Hazeltools (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to indemnify, defend and hold harmless Hazeltools, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hazeltools reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hazeltools in asserting any available defenses.
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR CONCERNING THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN A LOCATION MUTUALLY AGREED UPON BY THE PARTIES. THE ARBITRATOR'S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY'S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARDS TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hazeltools agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAZELTOOLS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HAZELTOOLS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAZELTOOLS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You shall not hold Hazeltools responsible for other User’s content, actions or inactions.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE AND RELATED SERVICES IS TO STOP USING THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAZELTOOLS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE AND RELATED SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HAZELTOOLS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE AND RELATED SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO HAZELTOOLS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Hazeltools’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST HAZELTOOLS MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
In the event that the Site or related services are not accessible to our premium membership subscribers for any period of time longer than two (2) hours continuously (“Period of Outage”), Hazeltools shall extend to the affected accounts a credit for premium membership benefits for the same period of time. Subscriber forfeits any such credit not claimed before the expiration of the premium membership. Regular and previously announced site maintenance, inaccessibility due to user’s hardware, ISP, government action, factors outside the control of Hazeltools, and acts of god shall be excluded from any Period of Outage.
Hazeltools processes payment through a third-party service called Square and does not collect or have access to your payment information. Hazeltools does not provide credit or refunds in case of cancellation or termination.
Hazeltools reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, franchise, employment, or agency relationship exists between you and Hazeltools as a result of this agreement, use of the Site, creation of an account, or activation of a premium subscription. Hazeltools's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hazeltools's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hazeltools with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hazeltools with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hazeltools with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof. The language of this Agreement, and any other documents referred to herein, shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties. Venue in any cause of action, including arbitration, accruing hereunder shall be in Los Angeles, California. This venue clause is a mandatory venue clause. It is not a permissive venue clause.
Hazeltools reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Hazeltools encourages you to periodically review the Terms to stay informed of our updates.
Hazeltools welcomes your questions or comments regarding the Terms:
Effective as of August 6, 2019