Agreement/Changes to Terms: IMPORTANT! THESE TERMS AND CONDITIONS GOVERN THE USE OF THE MGB SITE BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “YOU”). BY USING THE SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. MGB RESERVES THE RIGHT TO UPDATE, ALTER OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION WITHOUT PRIOR NOTICE. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE POSTED TO THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY. ACCORDINGLY, DO NOT ACCESS THIS SITE IF YOU DO NOT AGREE TO THE TERMS. AS LONG AS YOU COMPLY WITH THESE TERMS, WE GRANT YOU THE LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE REVOCABLE RIGHT TO ENTER AND USE THIS SITE. ANY UNAUTHORIZED USE OF THIS SITE AUTOMATICALLY TERMINATES THIS PERMISSION.
Trademark/Copyright Ownership: You acknowledge and agree that as between You and MGB, MGB is the owner of all right, title and interest in the Site and all content accessible within the Site (the “Content”), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Site or the Content, without the express written consent of MGB. MGB Development Group, LLC® is a registered trademark, and the MGB Development Group logo and other MGB Development Group marks appearing on the Site are either registered or unregistered trademarks of MGB. Other trademarks, service marks and logos appearing in this Site are the property of either MGB, its content providers or other third parties. MGB, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). You may not download, republish, distribute, prepare derivative works, or otherwise use the Content other than as expressly permitted. Users are authorized to print webpages from this Site for their personal, non-commercial use. Users may only copy, print, display, or redistribute Content or any portion of the Site for commercial purposes if they have been granted express, prior written permission by MGB, in its sole and absolute discretion. Except as stated above, nothing contained herein shall be construed as a right to use, license, or sub-license any intellectual property present on this Site; any commercial use of a trademark, logo, or the Content is prohibited without express authorization from the owner.
Restrictions/Termination: Without MGB’s prior written consent, You may not: (a) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs); (b) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; (c) engage in the practices of “screen scraping,” “database scaping,” or any other activity with the purpose of obtaining Content or other information; (d) use any meta tags or any other “hidden text” utilizing MGB’s name, trademarks, or service marks; (e) use MGB’s logo or other proprietary graphic, trademark, or service mark as part of a link; or (f) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. We may terminate Your access to or use of this Site for any reason, including without limitation, if We believe that You have violated or acted inconsistently with these Terms and Conditions. We may also modify or discontinue providing this Site or any part of this Site with or without notice. MGB will not be liable to You or to any third party for any termination of Your access to or use of this Site or for any modification to or termination of this Site.
Disclaimers: WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIAL ON THIS SITE FOR ANY PURPOSE. ALL MATERIAL IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MGB AND ITS AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MGB HAS MADE NO EFFORT TO VERIFY THE ACCURACY OR SUITABILITY OF ANY INFORMATION CONTAINED IN ANY SUCH SOURCES, INCLUDING, WITHOUT LIMITATION, ANY OTHER WEBSITE THAT YOU CAN LINK TO FROM THE SITE. ACCORDINGLY, MGB HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY CONTENT PROVIDED BY ANY OTHER PERSON CONTAINED ON OR OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH ACTION. WE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED ON THE SITE AT ANY TIME. WE OPERATE THIS SITE FROM THE UNITED STATES OF AMERICA AND MAKE NO REPRESENTATION THAT THE CONTENT IS SUITABLE FOR USE IN OTHER LOCATIONS. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MGB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $100.00 (ONE-HUNDRED U.S. DOLLARS) OR (II) THE AMOUNT OF FEES THAT YOU PAID TO MGB FOR USE OR ACCESS TO THIS SITE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Indemnity: You agree to indemnify, defend, and hold MGB and its subsidiaries, affiliates, officers, directors, employees, agents, contractors, and co-branded partners harmless from any claims, damages, judgments, awards, costs, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) Your violation of these Terms, (b) Your use of this Site and the products and services available on the Site, (c) any materials that You upload, submit, or otherwise transmit through this Site, (d) Your access to or use of any websites linked to this Site, and (e) any claims or dealings between You and any third parties relating to Your use of this Site.
Governing Law: All matters relating to Your access and use of the Site are governed by the laws of the State of Texas without regard to principles of conflict of law. Any suit, action or proceeding concerning the Site, its use, these terms and conditions, or concerning any other policy or procedure of MGB regarding use of the Site, must be brought in a State or Federal Court located in Dallas County, Texas, and You hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and You irrevocably waive, to the fullest extent permitted by applicable law, any objection which You may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Severability: If a portion of these Terms and Conditions is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms and Conditions will be given full effect.
Waiver: No failure or delay on the part of MGB to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by MGB preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by MGB to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Policy: We may allow users to contact Us through the Site in order to provide their comments, suggestions, or questions. If You choose to provide Your name, contact information, or other content (“Personal Information”) on the Site, We will not disclose Your Personal Information to a third party unless We are legally obliged to do so. If You are not 18 or older, do not provide Your Personal Information on the Site. You agree not to upload, submit, or otherwise transmit material that (i) is unlawful, libelous, scandalous, or improper, (ii) infringe another’s IP Rights, (iii) contain viruses or other harmful, disruptive, or malicious computer code; or (iv) You do not otherwise have all necessary rights, title, and interest to. Except as stated herein concerning use of Your Personal Information, You grant MGB an unlimited, perpetual, exclusive, fully paid-up, royalty fee and transferable license to use, implement, disclose, and distribute any content You may provide on the Site.
MGB Development Group, LLC
180 State Street, Suite 225
Southlake, Texas 76092