• TERMS & CONDITIONS
TERMS OF USE.
This website is operated and maintained by MGL COMPANY, LLC, a Florida Limited Liability Company (the “Company”). The Company provides this website to you, subject to the terms and conditions stated in this Terms of Use. The Company may change these Terms of Use from time to time, without notice, so you should review it periodically. By using the Company’s website and related services, you agree to be bound by these Terms of Use and any changes to it. You may download the content of the website only for your personal and noncommercial use. You agree not to make any other copies or modify the content or material.
OTHER WEBSITES.
Clicking on certain links contained on the website may take you to other websites. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the content of them.
LEGAL USES AND PURPOSES; RESERVED RIGHTS.
You agree to use this website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or e-mail any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You agree that any content you provide to the website or other users is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights. You understand that the Company does not monitor all of the website’s users or all the content that users provide to the website or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the website or to any of the website’s users. You agree not to hack into or intentionally upload any malicious computer code to the Company’s website, or intentionally transmit such things to other users.
NOT FOR CHILDREN UNDER 13.
Company’s website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you believe that we may have collected or received personal information from a child under 13, please contact us immediately to request deletion of that information.
INDEMINIFICATION.
You agree to indemnify and hold harmless the Company and its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the website, its chat rooms, message boards, e-mail facilities, or any other use of the website by you, or your violation of any law or the rights of others.
THE WEBSITE AND ITS GOODS AND RELATED SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
ATTORNEY'S FEES.
In the event of a legal action or other proceeding arising under this Agreement or a dispute regarding any alleged breach, default, claim, or misrepresentation arising out of this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, whether incurred before suit, during suit, or at the appellate level. The prevailing party shall also be entitled to recover any attorneys’ fees and costs incurred in litigating the entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of attorneys’ fees and costs due to it. The reasonable costs that the prevailing party shall be entitled to recover shall include any costs that are taxable pursuant to any applicable statute, rule, or guideline (including, but not limited to, the Statewide Uniform Guidelines for Taxation of Costs), as well as costs not taxable thereunder. Such recoverable costs shall specifically include, but not be limited to, 1) costs of investigation; 2) costs of copying documents and other materials, whether for discovery, filing with the court, internal review, or any other purpose; 3) costs for electronic discovery; 4) Westlaw, Lexis Nexis, or other electronic research service charges; 5) telephone charges; 6) mailing, commercial delivery service, and courier charges; 7) travel expenses, whether for investigation, depositions, hearings, trial, or any other purpose; 8) information technology support charges; 9) any and all consultant or expert witness fees, whether or not such fees are incurred in connection with a court-ordered report or testimony at a deposition, hearing, or trial; 10) court reporter and transcript fees, whether for deposition, trial, or an evidentiary or non-evidentiary hearing; 11) mediator fees; and 12) any other reasonable cost incurred by the prevailing party in connection with the dispute.
GOVERNING LAW; FORUM.
This Terms of Use agreement shall be governed exclusively by the laws of the state of Florida (excluding its choice of laws provisions). Venue shall reside exclusively in the Twelfth Judicial District in Sarasota County, Florida. Any waiver of any term of this agreement does not constitute a waiver of any other term or a continuing waiver of it. The Company reserves all of its rights stated in this agreement.
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