Please review the following terms and conditions carefully. By using, browsing or accessing the Site, you agree to comply with and be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you should not use the Site. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit to MBSQuoteline or the Site is correct and complete.
1. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement. This Agreement is between you and Ress No. 1 Ltd., a Texas limited partnership d/b/a MBSQuoteline ("MBSQuoteline"), the owner of the Site. When using, browsing or accessing the Site, you will be subject to all applicable policies, rules and guidelines posted on the Site (collectively, the "Policies").
2. Fee-Based Services.
Certain features or areas of the Site are available only through registration and the purchase of a subscription (a "Fee-Based Service"). These features may be offered at no charge on a temporary basis at the discretion of MBSQuoteline during a Free Trial period.
- You agree to pay in advance, using a valid credit card that MBSQuoteline accepts, the monthly subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access the Fee-Based Services. MBSQuoteline reserves the right to increase the fees and surcharges or to institute new fees at any time upon notice posted on the Site or via electronic mail or conventional mail to you. This Agreement will automatically renew on a monthly basis unless either party has terminated this Agreement. Upon such renewal, MBSQuoteline will automatically charge your account for renewal of your subscription. The renewal charge will be the current published rates for the term of your subscription. In the event MBSQuoteline cannot charge your account, MBSQuoteline reserves the right to terminate your access to the Fee-Based Services.
- In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
- For purposes of identification and billing, you agree to provide MBSQuoteline with accurate, complete, and updated information required by the subscription registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check the "My Profile" section of the Site, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at MBSQuoteline's sole option, result in immediate suspension or termination of your right to use the Fee-Based Services.
- You agree to promptly update your Registration Data in the "My Profile" section of the Site, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, go to the "My Profile" section of the Site to update your Registration Data.
- You agree that MBSQuoteline may terminate, modify or suspend the Fee-Based Services to you at any time for any or no reason.
- Each registration is for your personal use only and not on behalf of any other person or entity. MBSQuoteline does not permit (a) any other person using the Fee-Based Services under your name or password; or (b) access to Fee-Based Services through a single name or single password being made available to multiple users on a network. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
3. Registration for Sections that are Not Fee-Based.
In addition to the Fee-Based Services sections, certain other sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide MBSQuoteline with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. MBSQuoteline does not permit (a) any other person using the registered sections under your name or password; or (b) access through a single name or single password being made available to multiple users on a network. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
4. Modifications to this Agreement, Policies, the Site and Services.
MBSQuoteline has the right to modify at any time this Agreement or any Policy affecting the Site. Your continued use of the Site or any MBSQuoteline Service after the effective date of such modifications constitutes your acceptance of and agreement to such changes. (All references to "MBSQuoteline Services" mean the Fee-Based Services and all other services and products provided by MBSQuoteline through the Site.)
MBSQuoteline has the right to modify, suspend or discontinue, at any time without notice or liability, all or any portion of the Site or any MBSQuoteline Service, including, without limitation, any charges associated with the use of any Fee-Based Service. MBSQuoteline may also impose limits on certain features and services or restrict your access to all or any portion of the Site at any time without notice or liability.
You are responsible for regularly reviewing the terms and conditions of this Agreement and the Policies and notices posted on the Site. The latest form of this Agreement will be posted on the Site. You should review this Agreement prior to each time that you use, browse or access the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any content or part of the Site, except as allowed by Section 7 below, is strictly prohibited. Reproduction or storage of all content on the Site, including, without limitation, text, graphics, button icons, logos, audio clips, images, digital downloads, documents, information, data compilations and software (collectively, the "Content") downloaded, accessed or retrieved from the Site is subject to the U.S. Copyright Act of 1976 and all applicable state, federal and international laws, treaties and conventions. All Content is copyrighted material of MBSQuoteline or any of its affiliates, vendors, contractors, agents or content providers. Except as expressly provided in this Agreement, MBSQuoteline and its affiliates, vendors, contractors, agents and content providers do not grant any express or implied rights or licenses under or related to any patents, copyrights, trademarks, trade secrets or other intellectual property rights. You will not acquire any ownership rights to any of the Content.
6. Trademarks and Service Marks.
Any word, name, symbol or device bearing the symbol "TM", "SM" or "®" or any similar indication is a trademark or service mark of MBSQuoteline or any of its affiliates, vendors, contractors, agents or content providers, or any third party. No right or license related to any trademark or service mark is provided to you. Unauthorized use of any service mark or trademark appearing on the Site is strictly prohibited.
7. Limited License; Permitted Uses.
You are granted a limited, non-exclusive, non-transferable, revocable license (a) to access and use the Site, Content and the MBSQuoteline Services strictly in accordance with this Agreement; (b) to use the Site, Content and the MBSQuoteline Services solely for internal, personal, non-commercial purposes; (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you comply with this Agreement and all Policies and preserve all copyrights; and (d) to distribute certain Content, but only to the extent such distribution is expressly permitted on the Site and provided that no deletions or modifications are made to such Content and that you comply with this Agreement and all Policies, preserve all copyrights, and mark such Content with the appropriate copyright markings. You agree to destroy all Content and other materials obtained from the Site or any MBSQuoteline Service upon the termination of your subscription or this Agreement.
8. Restrictions and Prohibitions on Use.
Your license for access and use of the Site, the Content and the MBSQuoteline Services are subject to the following restrictions and prohibitions on use:
- You also may not use the Site or any MBSQuoteline Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a MBSQuoteline official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (f) upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) act in a manner that negatively affects other users' ability to access the Site and the MBSQuoteline Services and to engage in real time exchanges; (h) interfere with or disrupt the Site, any MBSQuoteline Service or other service or servers or networks connected to the Site; (i) intentionally or unintentionally violate any applicable law, regulation, treaty or convention, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users; or (l) frame or utilize framing techniques to enclose any Content.
9. Do Not Rely on Market Information.
MBSQuoteline may make available to you through the Site or any MBSQuoteline Service a broad range of financial information that MBSQuoteline obtains from third party content providers. This includes, without limitation, financial market data, quotes, news, analyst opinions, and research reports (collectively, the "Market Information"). MBSQuoteline does not endorse or approve Market Information, and MBSQuoteline makes it available to you only as a service and convenience. MBSQuoteline and it third party content providers do not (a) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (b) warrant any results from your use or reliance on Market Information. Market Information may be or may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither MBSQuoteline nor any third party content provider is obligated to update any information or opinions contained in any Market Information, and MBSQuoteline may discontinue offering Market Information at any time without notice. You agree that neither MBSQuoteline nor any third party content provider will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. Except as expressly provided in Section 7 above, you will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by MBSQuoteline to receive Market Information. The Market Information and all other Content are for personal informational and personal entertainment purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendations, or sponsorship of any company, investment or security by MBSQuoteline. You acknowledge and agree that any request for information is unsolicited and shall neither constitute nor be construed as investment advice by MBSQuoteline to you. You acknowledge and agree that any reliance upon the Market Information available through the Site, or through links accessible through the Site, is at your own sole risk
10. No Investment Advice or Recommendations
IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED SECURITIES PROFESSIONAL OR PROFESSIONAL FINANCIAL ADVISOR PRIOR TO MAKING ANY SECURITIES INVESTMENT. MBSQuoteline does not provide or guarantee any legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or informational source. Although the Site or Content may provide information relating to investment approaches and opportunities to buy or sell securities or bonds, you should not construe any Market Information, features, tools or other Content or any MBSQuoteline Service as legal, tax, investment, financial or other advice. Nothing contained in any MBSQuoteline Service or any other Content constitutes a solicitation, recommendation, endorsement, or offer by MBSQuoteline or a third party content provider to buy or sell any securities, bonds or other financial instruments.
You should not base any investment decision upon any information obtained through the Site, any MBSQuoteline Service or any Market Information or other Content. You alone assume the sole responsibility for evaluating the merits and risks associated with any investment that you may make. In exchange for using the Site and the MBSQuoteline Services, you agree not to hold MBSQuoteline or any third party content provider liable for any possible claim or action for any costs, fees or damages arising from any decision you make based on information made available to you through the Site or any MBSQuoteline Service, including without limitation, the Market Information and all other Content.
IF YOU INTEND TO USE ANY MARKET INFORMATION OR OTHER CONTENT ACCESSED THROUGH THE SITE OR ANY MBSQUOTELINE SERVICE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS SET FORTH IN SECTIONS 18 and 19 REGARDING THE DISCLAIMER AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. MBSQuoteline makes the Market Information and all other Content available subject to this Agreement, including without limitation, the Disclaimer and Limitation of Liability provisions set forth in Sections 18 and 19 below. Investing in securities carries certain risks, and neither MBSQuoteline nor any Affiliated Party (as defined in Section 16 below) shall be responsible for any investment losses incurred in reliance on any Market Information or any information available through the Site.
When using chat rooms, message boards, clubs, and BBS forums concerning investments and securities, investors should be wary and cautious of any information they find. Information obtained through these sources or through any part of the Site cannot be a substitute for independent research into particular companies, industries, and investments. Investment or trading decisions should not be based on information obtained through chat rooms, message boards, or BBS discussions. The people who make such information available in such forums may not be who they claim to be or may not be affiliated with whom they claim to be. The information they make available may be incorrect, either because of mistakes or, unfortunately, because of intentional deceit. MBSQuoteline disclaims all responsibility and liability for the Market Information and its accuracy or completeness.
11. No Linking to the Site without Prior Written Consent.
You may not link to the Site without the prior written consent of MBSQuoteline. MBSQuoteline may refuse any request to allow links to the Site in its sole discretion. If MBSQuoteline grants you prior written consent to link to the Site, MBSQuoteline may withdraw such consent at any time.
The Site may contain advertising. MBSQuoteline is not responsible for the illegality or any error, inaccuracy or problem in any advertiser's materials. Your participation in promotions of, or correspondence or business dealings with, any advertiser on the Site, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations relating to such dealings, are solely between you and such advertiser. You agree that MBSQuoteline will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of such advertisers on the Site.
13. Errors, Corrections and Changes.
MBSQuoteline does not represent or warrant that the Site or any other web site available through the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. MBSQuoteline does not represent or warrant that the Content available on or any content, materials or information available through the Site will be correct, accurate, timely or otherwise reliable. MBSQuoteline may make changes to the features, functionality or content of the Site at any time. MBSQuoteline reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
14. Content and Opinions.
MBSQuoteline is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content. You understand that the information and opinions in the Content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect MBSQuoteline's belief.
15. Unlawful Activity.
MBSQuoteline reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you, your profile, email addresses, usage history, credit card information, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold MBSQuoteline and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, content and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site, the Content or any MBSQuoteline Service.
Your right to use the Site, the Content and the MBSQuoteline Services is not transferable or assignable. Any password or right given to you to obtain information or to access the Site or any MBSQuoteline Service is not transferable or assignable.
YOUR USE OF THE SITE, ANY MBSQUOTELINE SERVICE OR ANY CONTENT IS AT YOUR SOLE RISK. THE CONTENT AND MBSQUOTELINE SERVICES AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE, THE CONTENT AND THE MBSQUOTELINE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MBSQUOTELINE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, MBSQUOTELINE SERVICES OR OTHER SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE (INCLUDING WITHOUT LIMITATION, THROUGH ANY LINKING TO ANOTHER PARTY'S WEB SITE), EXCEPT AS PROVIDED IN SECTION 19(b) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MBSQUOTELINE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MBSQUOTELINE AND YOU. THE SITE, THE MBSQUOTELINE SERVICES, CONTENT AND INFORMATION PRESENTED OR AVAILABLE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBSQUOTELINE, THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MBSQuoteline, Inc. has not verified any of the information or content contained in or accessible through the MSBQuoteline.com web site (this "Site"). MBSQuoteline, Inc. shall have no responsibility or liability for any inaccuracy, incompleteness, tardiness or unreliability of any such information or content. Human error and mechanical error as well as other factors are possible and the information and content provided is without warranty of any kind and, in particular, no representation or warranty, expressed or implied, is made nor should any be inferred as to the accuracy, reliability, timeliness, or completeness of any such information or content. All information and content contained within or accessible through this Site is to be used and accessed only by paid subscribers strictly for personal, noncommercial use. All of such information and content is not to be redistributed, transferred or sold under any circumstances. Under no circumstance shall MBSQuoteline, Inc. have any liability to any person or entity for any loss or damage in whole or in part caused by, resulting from or relating to any error (neglect or otherwise) or other circumstances involved in procuring, collecting, compiling, interpreting, analyzing, editing, transcribing, communicating or delivering any such information or content. MBSQuoteline does not make any recommendation, sponsorship or endorsement as to any investment, security, company, advisor or other service or product or to any material submitted by third parties or linked to or framed by this Site. MBSQuoteline does not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy. None of the information or content contained in or available through the Site shall be used or construed as an offer to sell, a solicitation of an offer to buy, or endorsement, recommendation or sponsorship of any company, investment or security by MBSQuoteline, Inc. This Site contains links to and may contain framing of other websites that are not maintained by MBSQuoteline, Inc. MBSQuoteline, Inc. is not responsible for the content of any linked or framed web site. MBSQuoteline, Inc. may provide such links or framing for your convenience only but does not necessarily recommend or endorse the material on those web sites.
19. LIMITATION OF LIABILITY.
- MBSQUOTELINE AND EACH OF ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DELAY IN, FAILURE IN PERFORMANCE, ERRORS IN OR OMISSIONS FROM THE SITE, THE MBSQUOTELINE SERVICES OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR THE MBSQUOTELINE SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE OR ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, OR (E) ANY COMPUTER VIRUSES OR OTHER HARM TO COMPUTERS, SYSTEMS, SOFTWARE OR TELECOMMUNICATION SERVICES.
- THE AGGREGATE LIABILITY OF MBSQUOTELINE AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THE PRODUCTS, CONTENT, INFORMATION, MBSQUOTELINE SERVICES, OR OTHER SERVICES PROVIDED OR AVAILABLE ON OR THROUGH THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST MBSQUOTELINE AND ANY AND ALL AFFILIATED PARTIES.
20. Use of Information.
21. Third-Party Merchants.
The Site may allow access to certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that MBSQuoteline does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. MBSQuoteline is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY MBSQUOTELINE OR ANY AFFILIATED PARTY, WHETHER EXPRESSED, IMPLIED OR OTHERWISE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS MBSQUOTELINE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE SITE.
22. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. MBSQuoteline is not responsible for information provided by you to Merchants. No Merchant has authority to make any representations or commitments on behalf of MBSQuoteline.
24. Links to or Framing of other Web Sites.
The Site may contain links to or framing of other web sites. MBSQuoteline is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked or framed web site on the Site does not imply approval or endorsement of the linked of framed web site by us. If you decide to leave MBSQuoteline's Site and access these third-party sites, you do so at your own risk.
25. Notice and Procedure for Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MBSQuoteline's Copyright Agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MBSQuoteline's Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
RESS No. 1 Ltd.
4807 Spicewood Springs Road
Building One, Suite 1105
Austin, Texas 78759
By phone: 1-800-627-1077
By fax: (512) 343-1828
26. Information and Press Releases.
The Site may contain information and press releases about MBSQuoteline. MBSQuoteline disclaims any duty or obligation to update this information or any press release. Information about companies other than MBSQuoteline contained in any press release or otherwise should not be relied upon as being provided or endorsed by MBSQuoteline.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, regulations, treaties and conventions regarding your use of the Site, the Content and the MBSQuoteline Services.
28. Refund Policy; Cancellation.
You may cancel your subscription to the Service at any time by notifying MBSQuoteline's Customer Service Department by telephone at 1-800-627-1077, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m. CST. If you wish to cancel your subscription outside regular business hours, please leave a message including your name, User Name, the email address associated with your account, and a telephone number where MBSQuoteline can reach you to confirm cancellation. Please allow at least five business days for such cancellation to become effective.
After you submit your notice of cancellation, your subscription will remain active for the remainder of the time period for which you have already paid, if any. There will be no refunds for any unused portion of advance payments, except at the discretion of MBSQuoteline.
29. General Information.
Entire Agreement. This Agreement constitutes the entire agreement between you and MBSQuoteline and governs your use of the Site, the Content and any MBSQuoteline Service, superseding any prior agreements between you and MBSQuoteline. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services or third party content or services.
Choice of Law. This Agreement shall be treated as though it were executed and performed in Austin, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles).
Statute of Limitations, Other Limitations. You agree that regardless of any law to the contrary, a claim or cause of action arising out of or related to the use of the Site, this Agreement, the Content or any MBSQuoteline Services (or any information, documents, products or services related thereto) must be filed within one (1) year after the cause of action arose or be forever waived and barred. All claims and actions shall be subject to the limitations set forth in Sections 18 and 19 above and the provisions of Section 30 below.
Assignment. Your information, this Agreement and all incorporated agreements, and any and all rights and obligations hereunder or thereunder may be automatically assigned by MBSQuoteline in its sole discretion to a third party in the event of an acquisition, sale or merger. You may not any assign this Agreement or any of your rights or obligations under this Agreement.
Severability of Term, Precedence and Waiver. Should any portion of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. MBSQuoteline's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Survival. MBSQuoteline's rights under this Agreement shall survive any termination of this Agreement.
30. Arbitration; Venue; Forum.
Any dispute or claim arising out of or relating to this Agreement, the Site, any Content or any MBSQuoteline Service will be submitted to mandatory and binding arbitration in Austin, Texas, except for any legal action taken by MBSQuoteline to collect or recover damages for, or obtain any injunctive or other appropriate relief relating to, Site operations, intellectual property, or any MBSQuoteline Service. The arbitration will be conducted on an expedited basis before a single arbitrator under the Commercial Arbitration Rules then prevailing of the American Arbitration Association (as modified by this paragraph). The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Except as set forth above, you and MBSQuoteline agree that a court of competent jurisdiction in Austin, Texas shall be the sole and exclusive forum and venue to resolve any disputes or claim arising out of or relating to this Agreement, the Site, any Content or any MBSQuoteline Service.
31. Termination of Access, Services and this Agreement.
MBSQuoteline may terminate this Agreement at any time with or without cause and with or without notice. MBSQuoteline also may terminate at any time your access to the Site or any or all MBSQuoteline Services offered on the Site, including without limitation the Fee-Based Services, with or without cause, and with or without notice. If you do not comply with the terms of this Agreement, MBSQuoteline reserves the right to pursue all remedies that it may have at law or in equity.