These terms contain an agreement to arbitrate below, which will require you to submit claims you have against Modern Business Associates, Inc. and its and all subsidiary, affiliate and parent companies, their shareholders, non-leased employees, attorneys, officers, directors, agents and representatives (hereinafter referred to as "MBA") to binding and final arbitration.
The Modern Business Associates ("MBA") Website is comprised of various web pages operated by MBA.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "MBA Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the MBA Website is owned, controlled or licensed by or to MBA, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The MBA Website may contain links to may contain links to third party sites ("Linked Sites"). When you access Linked Sites, you do so at your own risk. We do not control and are not liable for those sites. Linked Sites may have their own terms and policies, and your use of them will be governed by those terms and policies. Your security when using Linked Sites is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Linked Site. We are not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law). MBA is providing Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by MBA of the site or any association with its operators. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
As a condition of your use of the MBA Website, you warrant to MBA that you will not use the MBA Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MBA Website in any manner which could damage, disable, overburden, or impair the MBA Website or interfere with any other party's use and enjoyment of the MBA Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MBA Website.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, pornographic, abusive, or otherwise illegal material.
Use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, or any other protected category. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Communication Services.
MBA does not and cannot review every user's comment, post, or message ("Submission") and is not responsible for the content of these messages, MBA reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. MBA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MBA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MBA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MBA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MBA does not control or endorse the content, messages or information found in any Communication Service and, therefore, MBA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MBA spokespersons, and their views do not necessarily reflect those of MBA.
MBA does not claim ownership of the materials you provide to MBA (including feedback and suggestions) or post, upload, input or submit to any MBA Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MBA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MBA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MBA's sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MBA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MBA AND/OR ITS VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MBA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MBA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER MBA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "MBA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR MBA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) MBA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MBA AND/OR ITS VENDORS BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY MBA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR MBA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE LINKED SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITE; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE MBA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR MBA CONTENT.
MBA reserves the right, in its sole discretion, to terminate your access to the MBA Website and the related services or any portion thereof at any time for any reason, including, without limitation, breach or assignment of these Terms of Service without notice.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision's restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Middle District of Florida or any State court located in Pinellas County, Florida.
MBA's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of MBA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MBA Website or information provided to or gathered by MBA with respect to such use.
In the event that any provision contained in this Agreement is held to be unenforceable by a court of competent jurisdiction, the validity, legality or enforceability of the remainder of this Agreement shall in no way be affected or impaired thereby.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MBA with respect to the MBA Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MBA with respect to the MBA Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The content of the MBA Website includes, without limitation, (i) MBA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "MBA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website. MBA Content is the property of MBA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any MBA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact MBA. Any use of the MBA Marks without MBA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the MBA Content, including any such notices appearing on any MBA Content you are permitted to download, transmit, display, print, or reproduce from the MBA Website.
Copyright 2017 by MBA and/or its suppliers. All rights reserved.