These Conditions of Use (“Conditions”) are entered into between MBO Partners, Inc., a Virginia corporation (“Company” or “we”) and you as an “end user,” in connection with your use and accessing of our websites, mobile applications, email notifications, or other online services (collectively, “Services”) that link or refer to these Conditions. “Services” includes any other web sites or mobile applications operated by or for Company or any other divisions, subsidiaries or affiliates of Company.
2. End User Agreements
To register for certain Services, you will create login credentials by providing an email address to us and by selecting a username and password. You will also provide Company certain information during the registration process, which you agree to keep accurate and updated. Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. Company may cancel or suspend your access to the Services if you share your credentials. You are responsible for keeping your username and password confidential and you shall not provide your username or password to any third party. You are solely responsible for all uses of all Services, whether or not actually or expressly authorized by you. Registering for our Services and/or entry of your username and password by you denotes acceptance and agreement to any terms and conditions and validation of data entered by you.
3. Nonexclusive License
Subject to these Terms and Conditions, Company grants you a non-exclusive, nontransferable, revocable and limited right to access, download, install, use, and display the Services strictly in accordance with these Conditions. You may use the Services only as intended by Company as indicated by these Conditions and instructions and other materials on the related Services. You may download, install, and use a copy of the mobile application for your own use with the Services on a mobile device owned or otherwise controlled by you strictly in accordance with the application’s documentation and/or instructions, if any. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this License, or any other rights thereto other than to use the Services in accordance with the license granted. You may not sub-license, relicense, resell, or otherwise use the mobile application for similar commercial purposes.
4. Prohibited Uses; Your Communications and Other Content
Unauthorized use or modification of any information displayed or stored on the Services may result in criminal and/or civil prosecution under Federal, State and local law. You agree not to interrupt, or attempt to interrupt, the operation of the Services in any way. You may not use the Services for anything other than a lawful and legitimate business purposes. You agree not to use the Services to (i) send chain letters, junk mail, “spam,” solicitations (commercial or non-commercial) or bulk communications of any kind; (ii) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (iii) carry out any unauthorized alteration of any data or information on the Services; or (iv) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit Company or any other end user from using and enjoying any portion of the Services. You agree that you will not send, post or otherwise publish through the Services, any message, material, username or other communication that: (a) impersonates any person or entity; (b) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (c) constitutes or encourages the conduct of a criminal offense; (d) gives rise to any liability; (e) causes injury of any kind to any person or entity; (f) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (g) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (h) creates a link to another web site.
5. Denial of Access
While Company has no obligation to monitor the Services, you agree that Company may delete and take other appropriate action with respect to messages, information, data, or files which Company, in its sole discretion, deems objectionable or otherwise in violation of these Conditions, including denying access to the Services to anyone at any time.
7. Intellectual Property Notices
“MBO” and other related marks are trademarks and service marks of Company are protected by law. They may be used publicly only with permission from Company. Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED. All materials and software published on or used on the Services are protected by copyright and other intellectual property right laws and regulations, and are owned or controlled by or licensed to Company, or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED AND MAY SUBJECT YOU TO CRIMINAL OR CIVIL PROSECUTION UNDER FEDERAL, STATE AND LOCAL LAW. Unless specifically provided otherwise, you may download any downloadable materials displayed on the Services only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials: ” © 2015 MBO, U.S.A. All rights reserved.”
8. Retention of Rights
All proprietary rights, intellectual property rights, title and interests to the Services or any portion or materials downloadable or subject to activation through the Services, and any changes or modifications to any of the foregoing, and all related documentation shall be and remain the exclusive property of Company. You agree that you have no proprietary or intellectual property right, title or interest in or to any such materials except as a licensee in accordance with the terms and conditions of these Conditions or separate agreement with Company. You may not at any time, now or in the future, contest or do, or aid others in contesting or doing, anything which otherwise impairs the validity of any proprietary or intellectual property right, title or interest of Company in and to such materials.
9. Modification of Conditions
Company reserves the right to revise these Conditions at any time by updating this posting. Your continued use of the Services constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
10. Links to Other Services and/or Materials
Links may appear on the Services that may be used to link to other web site(s) not operated by or for Company or its divisions, subsidiaries or affiliates. These links are provided as a courtesy to our Services visitors. Company has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. Company is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked web sites or any privacy or other practices of such web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. Company reserves the right to terminate any link at any time.
11. Disclaimer; Limitation of Damages
a. Company is neither responsible nor liable for any software viruses or other software contamination of your computer system or other device used to access the Services as a result of your use of the Services. EXCEPT AS EXPRESSLY PROVIDED IN THE MATERIALS ON THIS SITE, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MOBILE APPLICATIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE, IN THE APPLICATIONS OR ACCESSED BY MEANS THEREOF) ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL COMPANY, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES’ CONTENT BE LIABLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THE SERVICES, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SERVICES.
b. Company reserves the right, in its sole discretion and without notice to deny access to the Services to anyone at any time.
c. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SERVICES TO THE EXTENT CAUSED BY SOURCES OTHER THAN COMPANY’S SOFTWARE OR SERVICES.
e. Company shall not have any liability to you for usage charges related to any device that you use to access the Services, including, without limitation, usage charges for mobile telephones, car navigation systems, tablets, smartphones, and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
You agree to indemnify and hold Company and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, violation of these Conditions, or the infringement by you, or any other user of your username or password (unless you have notified Company that your username and password have been improperly obtained by another party and it is readily ascertainable that such party’s use of your username and password was not with your permission and did not result from your negligence), of any intellectual property or other right of any person or entity.
13. Applicable Laws
Company operates the Services from its offices in Edmond, OK and Herndon, VA in the United States of America (U.S.) and makes no representations that materials in the Services are appropriate or available for use in locations outside the U.S. Access to the Services from any territory where the content is illegal is prohibited. If you choose to access the Services from outside the U.S., you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Services alone does not subject Company to any specific jurisdiction. You may not use or export any of the Services materials in violation of U.S. export laws and regulations. Any claim related to the use of the Services, these Conditions or to other Services materials shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Services or Services content shall be brought in either the state or federal courts with jurisdiction in Loudoun County, Virginia.
14. No Waiver
Company and you agree that no failure to exercise, and no delay in exercising any right, power or privilege hereunder on the part of either party shall operate as a waiver of any right, power or privilege. Company and you further agree that no single or partial exercise of any right, power or privilege hereunder shall preclude its further exercise.
If any part of these Conditions is adjudged by any arbitrator or court of competent jurisdiction to be invalid, that judgment shall not affect or nullify the remainder of the Conditions, and the effect shall be confined to the part immediately involved in the controversy arbitrated or adjudged.
16. Force Majeure
Company shall not be liable for any failure of performance hereunder due to causes beyond its reasonable control, including without limitation acts of God, fire, explosion, vandalism, storm or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including foreign, state and local governments having jurisdiction over any of Company, you, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; national emergencies; insurrections; civil unrest; riots; wars; or strikes, lock-outs, work stoppages or other labor difficulties.
17. Ending These Terms
The Conditions will continue to apply until terminated by you or Company as follows. You may end your legal agreement with Company at any time for any reason by deactivating your account and discontinuing your use of the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 7, 8, 9, 11, 12, 13, 14, 15, 16, and 17.
Nothing in this section shall affect Company’s rights to change, limit or stop the provision of the Services without prior notice.