Terms and Conditions
These Conditions of Use ("Conditions") are entered into between MBO Partners, a Virginia corporation ("Company" or "we") and you as an "end user," in connection with your use and accessing of this Site. "Site" means www.mbopartners.com <http://www.mbopartners.com> and any other web sites operated by or for Company or any other divisions, subsidiaries or affiliates of Company.
2. End User Agreements
You are responsible for keeping your user name and password confidential and you shall not provide your user name or password to any third party. You are solely responsible for all uses of all services obtained through the use of the website, whether or not actually or expressly authorized by you. Entry of your user name and password by you denotes acceptance and agreement to any terms and conditions and validation of data entered by you.
3. Nonexclusive License
Company grants you a non-exclusive, non-transferable, revocable and limited right to access, use and display the Site strictly in accordance with these Conditions. You may use the Site only as intended by Company as indicated by these Conditions and instructions and other materials on the Site.
4. Prohibited Uses; Your Communications and Other Content
Unauthorized use or modification of any information displayed or stored on the Site 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 Site in any way. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site 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 Site; 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 Site. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (a) impersonates any person or entity; (b) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexuallyoriented, 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 Site, you agree that Company may delete and take other appropriate action with respect to messages, information or files which Company, in its sole discretion, deems objectionable or otherwise in violation of these Conditions, including denying access to the Site to anyone at anytime.
7. Intellectual Property Notices
"MBO Partners" 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 Site 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 Site 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: "© 2008 MBO Partners, U.S.A. All rights reserved."
8. Retention of Rights
All proprietary rights, intellectual property rights, title and interests to the Site or any portion or materials downloadable or subject to activation through the Site, 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 Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
10. E-Mail May Not Be Used to Provide Notice
Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Company or any of its officers, employees, agents or representatives, such as where notice to Company is required by contract, or any federal, state or local laws, rules or regulations.
11. Links to Other Sites and/or Materials
Links may appear on the Site 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 Site 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.
12. 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 Site as a result of your use of the Site. EXCEPT AS EXPRESSLY PROVIDED IN THE MATERIALS ON THIS SITE, THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," 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, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL COMPANY, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE, 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 SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE.
b. Company reserves the right, in its sole discretion and without notice to deny access to the Site 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 SITE TO THE EXTENT CAUSED BY SOURCES OTHER THAN COMPANY'S SOFTWARE OR SITE.
d. We intend to protect the quality and integrity of your personally identifiable information. We have implemented technical and organizational measures, such as using encryption technology, in an attempt to help us keep your information secure, accurate, current, and complete. We will make a reasonable effort to respond in a timely manner to your requests to correct inaccuracies in your personal information.
e. Company shall not have any liability to you for usage charges related to any device that you use to access the Site, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, 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 Site, violation of these Conditions, or the infringement by you, or any other user of your user name or password (unless you have notified Company that your user name and password have been improperly obtained by another party and it is readily ascertainable that such party's use of your user name 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.
14. Applicable Laws
Company operates the Site 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 Site are appropriate or available for use in locations outside the U.S. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site 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 Site alone does not subject Company to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site, these Conditions or to other Site 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 Site or Site content shall be brought in either the state or federal courts with jurisdiction in Loudoun County, Virginia.
15. 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.
17. 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.