TERMS AND CONDITIONS
Date of Last Revision: November 3, 2022
These Terms and Conditions govern the use of the websites (“Sites”) of The MBS Group and its affiliates (collectively referred to herein as “MBS”, “we”, “us”, “our”). When we refer to “you” or “your” we are referring to users of our Sites.
We operate from the state of California and make no representation that the Site or the content herein are appropriate or available for use in any particular jurisdiction. Those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Changes to Terms and Conditions
MBS may modify a Site and the rules and regulations governing its use, at any time. Modifications may be posted on the Site, and any such changes or modifications will be effective immediately upon posting of the revisions on the Site. By continuing use of the Site after such changes are made you will be accepting such changes. If you do not agree to any changes or modifications to these Terms and Conditions, your sole recourse is to stop using the Site.
1. Scope of Use: MBS will allow you to view and use the Site with an individual device for your informational, non-commercial use. Except as otherwise provided herein, no part of any content or software on the Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of MBS. You understand that MBS may discontinue, change, or restrict your use of the Site for any reason without notice.
2. No Warranties: ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MBS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. MBS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
3. Limitation of Liability; Release: UNLESS PROHIBITED BY LAW, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, MBS, AND OUR SPONSORS, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITES OR ANY CONTENTS HEREUNDER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT.
4. Indemnification: You agree to indemnify, defend and hold us, our affiliates, sponsors, and our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) your use of the Site, the contents hereunder or any other information (including “Feedback” as defined below) available on the Site; (b) your conduct; (c) your failure to perform your obligations under these Terms and Conditions (including, but not limited to, your violation of these Terms and Conditions); and/or (d) your violation of the rights of any third party.
5. No Advisory Services. Nothing on our Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice. No information or material in the Site is intended to be a recommendation to buy or sell any securities or an offer to sell, or the solicitation of an offer to purchase, any security. Any transactions listed on the Site are included only as representative transactions and are not necessarily reflective of overall performance.
6. Intellectual Property
6a. Trademarks and Copyrights: The trademarks, logos, and service marks (collectively, the “trademarks”) displayed on the Site are registered and unregistered trademarks of MBS and others. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the trademarks. Unauthorized use of any trademark may be a violation of federal and state trademark laws. This Site is protected by United States’ and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, or individual sections of the design or layout of the Site or MBS logos, without MBS’s written permission.
6b. Feedback: All content submitted to us using the Site or via email or otherwise (“Feedback”) will, to the maximum extent permissible under applicable laws, automatically become our sole property, and you hereby assign to us, exclusively and throughout the world, all rights, title, and interests in such Feedback, all intellectual property rights embodied therein, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty free, assignable, sublicensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback. You are not entitled to any acknowledgment, compensation or reimbursement in connection with such Feedback or grant of rights to same. By providing such Feedback, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) we will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; and (d) we may have something similar to the Feedback already under consideration or in development.
7. Links to Third-Party Sites: This MBS Site may contain links to websites operated by other parties. The linked sites are not under the control of MBS, and MBS is not responsible for the content available on any other Internet sites linked to this Site. Such links do not imply MBS’s endorsement of material on any other site. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this Site. Without limiting the generality of the foregoing, we shall not be responsible for and have no control over any privacy or security practices or any third-party site’s collection, storage, use or disclosure of your information.
8. No Deep Linking: You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site except for your personal use, unless otherwise specifically authorized by us in writing to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us in writing to do so. The content and software on this Site is our property or that of our sponsors, suppliers, or licensors and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
9. Acceptable Use Policy: The Site is available for access and use by you solely for lawful purposes. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates these Terms and Conditions; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Site; or (d) through the use of the Site, abuses, defames, harasses, libels, disparages or threatens another user of the Site or any other third party, is strictly forbidden. You also may NOT:
take any action that attempts to impersonate, deceive, or defraud any person or entity;
harvest, otherwise collect, store, post or share personal information about users or any other third parties, including e-mail addresses, postal addresses, and phone numbers, or otherwise attempt to gain unauthorized access to any network, system, or personal information of anyone;
use any robot, spider, crawler, scraper, bots or other automated means to access or use the Site or to collect other users’ information, third party confidential information, or our proprietary information;
attempt to gain unauthorized access to the Site through hacking, password mining, or other means;
introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other malicious files or computer codes, or take any action that could damage, disable, overburden, or impair the Site or interfere with any other user’s use and enjoyment of the Site;
post, upload to, store, create or otherwise publish through any Site any:
- content that is unlawful, libelous, defamatory, obscene, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- unsolicited promotions, political campaigning, advertising or solicitations, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
- marketing or promotional materials;
- any content that is unlawful, libelous, defamatory, obscene, harassing, abusive, fraudulent or otherwise objectionable or harmful;
- purported or actual financial or other professional advice;
- content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of ours or of any third party. By posting any content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such content; or
- content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate.
10. Security and Viruses: We have implemented reasonable technology and security features, as well as internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use when using the Site.
While we make reasonable efforts to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that our Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms and Conditions, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download.
11. Third Party Service Providers: In certain circumstances, we may deem it necessary or advisable to use certain third-party service providers. Some of those service providers may store information, including your personal information, outside of the jurisdiction in which you reside.
12. Location & Governing Law: The Site is operated by MBS from its offices in California. You agree that the laws of the state of California, without reference to its choice of law rules, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MBS relating to the Site. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles. MBS makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the MBS Site from territories where the content of the MBS Site may be illegal is prohibited. Those who choose to access the MBS Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
13. Violations and Additional Policies: MBS reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site.
14. Termination: Notwithstanding any of these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
15. Communications between MBS and You: When you visit the Site or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by email to your email address indicated in your communications with us, posting general notices on the Site, or posting messages that are displayed to you when you access the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have previously agreed to receive electronic communications from us for direct marketing purposes, you may opt out at any time by notifying us at firstname.lastname@example.org. In addition, if you wish to unsubscribe to any marketing or sales email lists you can do so at any time by clicking on the “unsubscribe” link included in each email.
16. Notices; Contacts: All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site or sending an e-mail to you, or as otherwise provided under Section 13 (Communications between MBS and You) above. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
Attention: Legal Department
1600 Rosecrans Avenue
Manhattan Beach, CA 90026
If you have any questions about these Terms, then please contact us at the address set forth above.
17. Assignment: You will not assign any of your rights and obligations under these Terms and Conditions without our prior written consent. We reserve the right to assign or transfer our rights and obligations under these Terms and Conditions.
18. Void Where Prohibited: The Site, its contents, and any products or service that are described or referenced on the Site or its contents, are intended for use by United States residents only, and have been developed for compliance with the laws and regulations in the United States. MBS reserves the right to restrict the use of our services to any person, geographic region or jurisdiction or otherwise. Any offer made on this Site is void where prohibited.
19. Severability: If any provision of these Terms and Conditions is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms and Conditions.
20. Contact Information: For any further information, please contact us at: email@example.com