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Website Use & Privacy Policy

TERMS OF USE

Acceptance of the Terms of Use

These terms of use (with any documents expressly incorporated by reference herein, collectively, these “Terms of Use”) are entered into by and between Mechanical System & Services, Inc., a North Carolina corporation and its operating companies including but not limited to MSS Solutions, LLC and MSS Fire & Security, LLC and its subsidiaries and affiliates (collectively “MSS”, “We”, “Our”, “Us” or “Company”), and you. These Terms of Use govern your access to and use of Our websites where these Terms of Use are posted, including https://msssolutions.com/, and any content, functionality, and associated services offered on or through such websites (as applicable, the “Website” or “Site”).

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website and any service, product, or material We provide on the Website in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Site Content”) are owned, operated, licensed or controlled by MSS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use grant you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Website. Site Content may be used under limited circumstances in strict accordance with Our policies and copyright protections. You must not access or use for any commercial purposes any part of the Website or any Site Content available through the Website.  If you wish to make any use of any Site Content other than as set out in this section, please address your request to GeneralCounsel@MSSSolutions.com.

Trademarks

The trademarks, including but not limited to the MSS trademark, MSS name, logos, product and service names, designs, and slogans displayed on the Website are the property of MSS or other third parties. You must not use such marks without the prior written permission of MSS or the third party that owns such property.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and not in any way that violates any applicable federal, state, local, or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).

You further agree not to use the Website to:

  • Display, send, receive, or store obscene or inappropriate content;
  • Threaten, harass, stalk, defame, or defraud any person or entity;
  • Violate copyright, trademark, or other intellectual property laws;
  • Advertise, promote, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies;
  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of sixteen (16) in any circumstance;
  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”);
  • Send deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes;
  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Website;
  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms of Use, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
  • Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy; or
  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms of Use, your access to the Website may be terminated immediately and without notice.

Copyright Infringement

If you believe that your copyright or other rights have been infringed, please provide Our designated agent at the address below a written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
  • A description of the copyrighted work or other work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on Our sites, networks or other repositories;
  • Your address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent for claims of copyright infringement may be contacted at:
MSS Solutions, LLC
11524 Wilmar Blvd
Charlotte, NC 28273
GeneralCounsel@MSSSolutions.com

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including without limitation information or materials provided to Us by third parties that was added to this Website by Us solely as a scrivener for the benefit of such third parties (collectively, the “Third Party Contributions”). All Third Party Contributions, and all statements and/or opinions expressed therein, are solely the property, opinions and the responsibility of the person or entity providing such Third Party Contributions. These Third Party Contributions do not reflect the opinion of MSS. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third Party Contributions.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.

Disclaimer of Warranties and Limitations of Liability

Except as specifically set forth above, nothing in these Terms of Use confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of MSS or any third party. All rights not expressly licensed are reserved.

Although We have attempted to provide accurate information on the Website, We assume no responsibility for the accuracy of the information.

Our Website may contain links to third-party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this
Website is at your own risk and We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

The Website and all information on the Website are subject to applicable federal, state, and local laws, and United States of America privacy laws and regulations and export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in MSS’s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THE WEBSITE, INCLUDING ANY INFORMATION OR MATERIALS CONTAINED HEREIN RELATING TO ANY EVENT, IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, MSS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

MSS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MSS DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THE WEBSITE IS AT YOUR OWN RISK.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the state of North Carolina, excluding any conflict of laws rules or principles.  If there is any dispute relating to the Website or these Terms of Use, you and MSS agree to exclusive personal jurisdiction and venue in the state and federal courts of Charlotte, North Carolina, United States of America.

Arbitration

At MSS’s sole discretion, We may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.

Waiver and Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms of Use and MSS takes no immediate action, this in no way limits or waives Our rights, such as Our right to take action in the future or in similar situations.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and MSS regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

MSS Solutions, LLC
11524 Wilmar Blvd
Charlotte, NC 28273
GeneralCounsel@MSSSolutions.com

PRIVACY POLICY

 

INTRODUCTION

MSS Solutions, LLC (“MSS,” “Company,” “We,” “Us,” or “Our”) respects the privacy and confidentiality of individuals who visit our website (“Visitors” or “You”) and is committed to protecting it through our compliance with this policy.

Thank you for visiting our  Internet web site located at the URL https://msssolutions.com/ (the “Website”). This Privacy Policy details the types of information we may collect from you or that you may provide to us in the course of our business, including when you visit the Website, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to information we collect (1) on this Website and (2) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy (collectively, “Visitor Data”).

It does not apply to information collected by (1) us offline or through any other means, including on any other website operated by MSS or (2) any third party, including through any application or content (including advertising) that may link to or be accessible from the Website. We encourage you to be aware that when you leave our Website, you should become familiar with the policies of those sites.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree that your information will be handled as described in this Privacy Policy. This Privacy Policy may change from time to time (see Privacy Policy Updates section below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

1. Privacy Policy Updates

MSS may need to update this Privacy Policy from time to time. If so, MSS will post its updated Privacy Policy on the Website along with a change notice on the Website. MSS may also send registered users of our services a notice that this Privacy Policy has been changed. MSS encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Website and/or services after the posting of such notice will be subject to the terms of the then-current Privacy Policy.

2. Information Collection

When you use our Website we may collect and use information we receive from you. “Personal Information” generally means any information that identifies you as an individual, and any other information we associate with it. We collect a few categories of Personal Information, from a few different sources when you use our Website.

Personal Information includes:

  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences and characteristics.

Information You Voluntarily Provide to Us

The information we collect on our Website may include:

  • Information that you provide by filling in forms on our Website, including the Contact Us form. We may also ask you for information when you report issues with our Website.
  • Records and copies of your correspondence (including name, mailing address, or email address), if you contact us.
  • Your search queries on the Website.
  • Your name, drivers’ license, email address, mailing address, phone number, and any other Personal Information or account information you affirmatively provide to us.
  • Details of transactions, including purchaser name and address and products ordered, and/or other related information that may be required from you to complete your application or to otherwise conduct business with us. MSS does not collect or otherwise maintain any financial information such as credit card numbers or bank information from transactions.
  • Personal information submitted by job applicants, such as a résumé or C.V., cover letters, work authorization information, salary history, education history, information about security clearances, citizenship information, ethnicity, race and gender,

You may opt out of providing Personal Information by not entering it to the Website or otherwise not providing it if asked.

Your Financial Information

AXOMO provides us with the online e-commerce platform and online mechanism to sell products to customers. Some of your personal information is stored through AXOMO’s data storage and databases.

Your credit card information is never stored on our servers. We understand that AXOMO stores your personal identification information on a secure server behind a firewall.

Your personal information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our Website and its service providers. For more insight, you may also want to read AXOMO ‘s Privacy Policy found at https://axomo.com/privacy-policy/.

Information We Collect from Other Sources

We also collect information from other sources including social networks when you engage with our content, reference MSS or its products or services, or grant us permission to access information from the social networks and publicly available sources, including data in the public domain and through credit and background checks.

Information We Collect Through Automatic Data Collection Technologies and Cookies

When using our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, your domain type, your IP address and click-stream information and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.
  • We may receive information from third parties such as advertising and marketing partners.
  • Information received from a third-party tracking service that uses cookies to track non-personally identifiable information about visitors to our site in aggregate.

The technologies we use for this automatic data collection may include cookies (or browser cookies), flash cookies, or web beacons. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

You do not need to have the ability to accept cookies turned on in your browser to visit our Website. You can optionally refuse cookies by setting your browser (1) to decline them automatically or (2) to give you the choice of declining or accepting the placement of cookies from the Website. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

In addition to collecting Personal Information, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We may aggregate and use such information to engage in marketing and other activities in a manner that protects our consumers and as allowed by law.

3. How We Use Your Information

We may use Personal Information as permitted by law, for the following business purposes:

  • Provide you with our products and services;
  • Send you communications including promotional materials or responses to your inquiries;
  • Process employment applications, including by assessing qualifications, verifying information, and conducting reference or other employment-related checks;
  • Evaluate potential suppliers and subcontractors and manage our relationships with them;
  • Perform data analyses (including anonymization and aggregation of personal information);
  • Protect against, identify and prevent cybersecurity and other security events, espionage, fraud and other unlawful activity, claims and other liabilities; and
  • Respond to legal requests or for safety purposes, including to maintain the security of our customers, employees, and property, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance.

We also may use the information in other ways for which we provide specific notice at the time of collection.

In addition, we use information collected through automated means for the purposes set forth above, including by (i) customizing our users’ visits to our Website, (ii) analyzing the manner in which our users interact with our Website and online advertisements, (iii) delivering content tailored to our users’ interests and (iv) managing our Website and other aspects of our business.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. If you do not wish to have your email address or contact information used by MSS, you can opt-out by at any other time by following the detailed unsubscribe instructions at the bottom of each email or by sending us an email stating your request to GeneralCounsel@MSSSolutions.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Data Retention

MSS will retain your personal information only for as long as is required for processing and not longer than a maximum period of five (5) years.

4. Children’s Privacy

MSS recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Neither the Website nor our services are intended for children under the age of 16. MSS does not target its services or this Website to children under 16. Other than their name as part of a rental application submitted by a parent or guardian eighteen (18) years of age or older, MSS does not knowingly collect Personal Information from children under the age of 16. If you believe that we have collected Personal Information from a child under 16 without parental or guardian consent, please contact us at GeneralCounsel@MSSSolutions.com and we will take steps to remove that information promptly.

5. Links to Third Party Sites

The Website may provide links to other web sites or resources over which MSS does not have control (“External Websites”). Such links do not constitute an endorsement by MSS of those External Websites. You acknowledge that MSS is providing these links to you only as a convenience, and further agree that MSS is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on the linked to External Websites.

6. Security

We may employ industry standard procedural and technological measures that are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration or destruction. MSS may use, without limitation, firewalls, password protection, secure socket layer, and other security measures to help prevent unauthorized access to your personally identifiable information.

7. Privacy Notices for Consumers from Certain States

Rights of California residents

As a California resident, you have certain rights regarding the personal information that the Company collects and shares. This section outlines your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

Please see the Information Collection and How We Use Your Information sections above for information about the categories of personal information we collect and categories of recipients to which we have disclosed such information over the preceding 12 months.

As a California resident, you have the right to request:

  • To know more about and access your personal information;
  • To receive your personal information in a portable format and to request that MSS transfer your personal information to another company;
  • Any corrections your personal information;
  • The deletion of your personal information; and
  • An opt-out of the sale of your personal information by MSS.

California’s Shine the Light law

This law permits California residents to request and receive, once per calendar year and free of charge, information about our sharing of your personal information (if any) with third parties for their own direct marketing use. If you are a California resident and would like to make such a request, please email us at GeneralCounsel@MSSSolutions.com. In your request, please include your name and attest to the fact that you are a California resident and provide a current California address. We may ask you for additional information to confirm your identity before responding to this request.

Process Used to Verify an Access, Correction, and/or Deletion Request

You will be required to submit information about yourself that MSS will use to determine if we have information about you. If we are able to locate information about you, then we will fulfill your access, correction and/or deletion request. If we are not able to verify your information, then we may provide you with a report that includes the categories of personal information we collect, use, disclose, and sell or share.

If you are an authorized agent, then you will be required to submit your contact information as well as information about the MSS customer for whom you are making a request. As an authorized agent you will receive an email confirming that we have received the request along with a second email asking you to fill out a certification form confirming your information and certifying you have the right to make a request on behalf of the MSS consumer. Once the report is ready, it will be sent to the email or physical address you have given us, depending on the delivery method you choose

If you would like to exercise any of these rights, please contact us at GeneralCounsel@MSSSolutions.com. Please note that some of these rights may be limited in certain circumstances, as required by law. MSS will not discriminate against you for exercising your privacy rights under the law.

MSS is committed to respecting your privacy and protecting your personal information. If you have any questions or concerns, please don’t hesitate to reach out to us.

Rights of Nevada residents.

If you are a Nevada consumer, you have the right to request that a company not sell your personal information for monetary consideration to certain other parties.  This right applies even if your personal information is not currently being sold.  If you are a Nevada consumer and wish to exercise this right, please contact us at GeneralCounsel@MSSSolutions.com.

Rights of Virginia, Colorado, Connecticut and Utah residents.

As a Virginia, Colorado, Connecticut or Utah consumer, you have certain rights regarding the personal information that MSS collects and shares including:

  • To know more about, access, and obtain a portable version of your personal information;
  • To opt-out of the processing of your personal information for targeted advertising, the sale of your personal information, and certain types of profiling;
  • To correct your personal information that is inaccurate; and
  • To request deletion of your personal information.

If you would like to exercise any of these rights, please contact us at GeneralCounsel@MSSSolutions.com. We may need to verify your identity before processing your request. Please note that some of these rights may be limited in certain circumstances, as required by law. MSS will not discriminate against you for exercising your privacy rights under the law.

MSS is committed to respecting your privacy and protecting your personal information. If you have any questions or concerns, please don’t hesitate to reach out to us.

7.  Notice to Users Located Outside of the United States

This Website and the services on this Website are targeted for users in the United States of America only. Any information you enter on this Website may be transferred outside of your home country to the United States of America, which may not offer an equivalent level of protection to that required of your home country’s data protection laws.

This Website is intended for an audience who are citizens of the United States. If you are not a citizen of the United States, we make a reasonable effort not to accept your data, and you should not subscribe to any of our services.

Users from the European Economic Area

The General Data Protection Directive (“GDPR”) grants individuals residing in the EEA certain rights with respect to their Personal Information. These include the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format.  You can exercise these rights by contacting us at GeneralCounsel@MSSSolutions.com.

The GDPR provides that we may limit or deny your requests in certain cases. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we have compelling legitimate interests to keep, including as required by law. You may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed if you have concerns about your rights.

Other International Users

The Website is hosted in the United States. If you are a consumer accessing the Website from Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from laws of the United States, your continued use of the Website, which is governed by United States law and these terms, indicates your consent to transfer of your information to the United States.

8.  Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

MSS Solutions, LLC

11524 Wilmar Blvd

Charlotte, NC 28273

We can be reached via e-mail at GeneralCounsel@MSSSolutions.com or you can reach us by telephone at (704) 372-4344.