MDM COMMERCIAL Terms and Conditions
Last Updated – 6/8/2017
Thank you for visiting this Website (the “Website” or “Site”), operated by MDM Commercial.
From time to time, these Terms and Conditions may change. MDM Commercial reserves the right to modify these Terms and Conditions without prior individual notice. We will post changes to the Terms and Conditions on this Website and changes will become effective once posted. Your continued access to or use of the Website will be considered as acceptance by you of the then-current Terms and Conditions. Please review these Terms and Conditions often so that you will remain abreast of our current policies. You can tell when the Terms and Conditions were last modified by checking the “last updated” date that appears at the top.
Use of Website
This Website is controlled and operated by MDM Commercial from and in the United States of America, and is intended for use in the United States and its territories and possessions. MDM Commercial makes no representation that this Website, or the materials contained on or in it, are appropriate for users located in other countries. If you access this Site from another country you do so on your own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.
Access to and use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution, or use of this Website would be illegal by applicable law, that access, distribution, or use is prohibited. You confirm your acceptance to these Terms and Conditions whenever you visit any area on this Website beyond these Term and Conditions.
By accepting these Terms and Conditions and participating in the activities offered on this Site, you affirm, represent, and warrant that: (i) you are 18 years of age or older; (ii) all information you submit via this Site is and will remain truthful and accurate; (iii) you will abide by these Terms and Conditions; and (iv) your use of the Website will not otherwise violate any applicable law, rule, or regulation.
All Materials displayed on or accessed through this Website, including without limitation, website design, text, graphics, logos, button icons, images, audio files, trademarks, the selection and arrangement of the foregoing, and all software (collectively the “Materials”), are protected under various intellectual property laws and owned or controlled by MDM Commercial, or used with permission of the owner(s) of the Material. The display of Materials in this Website does not imply that we have granted a license of any kind to you to use any of the Materials.
https://www.mdmcommercial.com/, all page headers and footers, and custom graphics are service marks, trademarks, or trade dress of MDM Commercial; you have no authority to use them in connection with any product or service that MDM Commercial has not authorized.
Except as otherwise stated on this Website, copying, reproducing, uploading, downloading, transmitting, or any other use of this Website or of any of the Materials, in whole or part, without the express permission of MDM Commercial, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use, or copying of this Website or the Materials may subject you to liability under applicable law, and may result in legal action.
In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete personal information. You may not use a fake identity or any other person’s identity.
By providing links to other websites that are not controlled or maintained by MDM Commercial, MDM Commercial will not be considered to endorse, recommend, approve, or warrant any third parties or their services or products, or any facts, views, advice, information, promotions or products found on such websites. MDM Commercial is not responsible for the content contained on any other websites, or for the failure of any product or service offered for sale or advertised on any other websites, or for any damages that may result therefrom. Copyrights in the materials or information on linked websites are owned by other organizations.
When you communicate with MDM Commercial electronically, via email, or otherwise, you consent to receive electronic communications from MDM Commercial. You agree that all communications (including, but not limited to all notices, agreements, and disclosures) provided to you electronically by MDM Commercial satisfy any legal requirement that the communication be in writing. MDM Commercial encourages you to retain your own copies of relevant information, however, upon your written request, MDM Commercial will provide you with a copy of the information you provided to MDM Commercial. To make such a request please contact firstname.lastname@example.org.
With respect to all communications you make to or through the Website, including without limitation, feedback, questions, comments, suggestions, and the like: (i) you have no right to confidentiality in your communications and MDM Commercial has no obligation to protect your communications from disclosure; (ii) MDM Commercial is free to reproduce, use, publish, display, disclose, and distribute your communications to others without limitation; and (iii) MDM Commercial is free to use any ideas, concepts, know-how, information, data content, or techniques contained in your communications for any purpose whatsoever, including without limitation, the development, production, and marketing of products and services that incorporate such information.
Disclaimer; Limitation of Liability
MDMCommercial.com is provided ‘as is’ and you use it at your sole risk. MDM Commercial expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, MDM Commercial does not represent or warrant that the information accessible via this site is accurate, complete or current. Pricing and availability information of products or services is subject to change and without notice.
MDM COMMERCIAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In these jurisdictions, MDM Commercial’s liability is limited to the greatest extent allowable under applicable law. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards to which you may be entitled are, to the fullest extent permitted at law, limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and arbitration or court costs, as applicable.
Disputes; Governing Law
Use of this Website and these Terms and Conditions is governed by the laws of the State of Florida and of the United States of America, without regard to its conflict of law provisions. If any portion of these Terms and Conditions is invalid or unenforceable, in any jurisdiction for any reason, that determination will not impair or nullify the remainder of these Terms and Conditions, which will be interpreted to the greatest extent possible as though the offending portion did not exist in that jurisdiction. But if the offending portion can be more narrowly constructed so as not to be invalid or unenforceable, the tribunal making the determination can modify the portion to the extent necessary to make the portion enforceable. No narrowed construction, modification, or invalidation of any portion of these Terms and Conditions will affect the construction, validity, or enforceability of the portion in any other jurisdiction. Waiver by MDM Commercial of any term or condition of these Terms and Conditions or the failure of MDM Commercial to assert any right or demand will not constitute a waiver of any provision or a waiver of compliance on any other occasion.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms and Conditions or accessing or using this Website, you agree that (i) any and all disputes and causes of action you seek to bring arising out of or connected with this Website or the Materials will be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in St. Johns County, Florida, within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with the arbitration conducted according to the then prevailing rules of the American Arbitration Association; and (ii) judgment upon the arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought under these Term and Conditions may be joined to any other action or arbitration. You acknowledge and agree that personal jurisdiction upon them in St. Johns County, Florida is and will be proper and waive all rights to any claim of forum non conveniens.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, MDM Commercial may at any time seek injunctive or other appropriate relief against you or against others, in any state or federal court in the State of Florida or in any other court chosen by MDM Commercial if MDM Commercial believes that there is a violation, or a threatened violation, of any of MDM Commercial’s intellectual property rights and, in such case, you consent to the exclusive jurisdiction and venue of such court.
The Terms and Conditions do not need their own copyright statement, rather the copyright notice should be the one currently in the bottom banner or footer.