Agreement
The Myers Group (the “Company,” “we,” “us,” or “our”) has created these Terms and Conditions to govern your use of the myersgrp.net website (“Site”). Please read these Terms and Conditions carefully before using the Site. Your use of the Site confirms your unconditional acceptance of the Site’s Terms and Conditions (detailed below) and Privacy Policy. If you do not agree to the Terms and Conditions, do not access or otherwise use this Site.
Content
The term “Content” applies to any data, material, information or comments of any type on the Site, as well as data, material, information or comments provided by third parties. You understand that all user Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility.
Access
The Company will provide you with access to the Site for the purpose of learning about us and our services. By providing this access, we are acting as an online information provider only. Please note that this Site is intended for adult use; if you are under the age of 13 (or such legally required age) do not use this Site. No identifying information about any person under the age of 13 (or such legally required age) should be included in any submission or e-mail to the Site.
Binding Contract
By acknowledging your acceptance of these Terms and Conditions, a contract will exist between you and the Company. We agree that we will honor our obligations contained here and in our Privacy Policy (which we may change from time to time and which changes you accept so long as we post reasonable notice of such changes on the Site), as well as any other terms for providing service which we may place in writing from time to time.
In turn, you acknowledge that you are bound by the Terms and Conditions of this Agreement and that you will honor your promises to us under this Agreement. We reserve the right to modify and amend these Terms and Conditions and to post the amended Terms and Conditions on the Site. By using the Site, you agree to abide by the applicable Terms and Conditions as amended from time to time.
General Terms of Use
The Company will use the information provided by you or collected about you as described in the Privacy Policy. Our current Privacy Policy is available at https://www.myersgrp.net/privacy-policy/. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions. Please read the Privacy Policy.
Intellectual and Proprietary Rights
All information and Content available on the Site is protected by copyright, trademark, service mark, patent or other proprietary rights or laws, unless otherwise specified. You expressly acknowledge our proprietary rights in the Site (“Proprietary Rights”). The Company’s Proprietary Rights include, but without limitation, the images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site. You agree not to infringe any of our copyrights or trademarks, if any, thereby protecting our Proprietary Rights. You additionally agree to indemnify us for any and all costs and expenses (including reasonable attorney’s fees) related to any legal proceedings brought by or against you with respect to our Proprietary Rights. All rights not expressly granted herein are reserved.
You may not, without our permission, download, copy, modify, display or prepare derivative works based upon the Content on the Site. Any reproduction, except for your personal non-commercial use, or republication, distribution assignment, sublicense, sale or creation of derivative works of all or any portion of the Content viewed or accessed from the Site without the express written permission of the Company is expressly prohibited. You may neither copy, post nor upload any of our Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the Site and/or any Content thereon to any other website or location.
You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed or prohibited disclosure, distribution, copying or use of any kind of this information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to us. Any Unauthorized Use by you shall be deemed an infringement of the rights of the Company therein and shall constitute damage to the reputation and goodwill of the Company. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including, without limitation, civil liability and criminal prosecution. Notwithstanding any other remedies available to us in law or equity, you agree we shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized Use by you.
Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.
Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on the Site) or permit anyone else to establish such a link, either to the home page or to any other page herein. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to the Site and/or any Content is expressly prohibited.
Links to Third Party Websites
The Company may provide links on the Site to other third parties. These links are for purely informational purposes only. Through these links you are permitted to leave the Site. We have no control over these linked websites, and we not responsible in any way for the operation, content, practices or legality of those websites. Accordingly, the Company does not endorse, approve or hold itself responsible for the privacy policies, terms of use or information gathering practices of any site that you may link to and/or from our Site. Consequently, our Terms and Conditions and Privacy Policy do not apply to those linked sites. We are providing these links solely for your convenience and does not approve, endorse or control these links and their content. You agree that we are not responsible or liable for any content, goods or services provided on or through these websites and you hereby waive any claim you might have against us with respect to these websites. In addition, third parties may provide links to this Site. Again, these links are for purely informational purposes only and we do not approve, endorse or control any such site’s content and/or practices or policies.
Disclaimer of Warranties
The Company does not warrant or make any representations regarding the operation of the Site, the use, validity or the results of the use of materials or Content on the Site, the products or services obtained through the Site or any other websites linked to the Site, or any transactions entered into through the Site. You use any and all Content at your own risk. We are not responsible for any errors or omissions or for the results obtained from the use of any information provided on the Site.
While we make every effort to make sure the Site is always available to you, we do not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure or free of errors, or that any defects in the site, software, materials or products will be corrected.
While we take reasonable steps to prevent such problems, we cannot guarantee or warrant that the Content, files or information available on, or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating and/or destructive properties. You understand and agree that any Content, files or information downloaded or otherwise obtained through the use of the Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system for loss of data that results from the download of such Content, files or information. We assume no responsibility for the deletion of or failure to hold or store e-mail messages.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND THAT YOUR USE IS AT YOUR OWN RISK. THE COMPANY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, QUALITY, ACCURACY OF INFORMATION, CONTENT, COURSE OF DEALING OR COURSE OF PERFORMANCE AND NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF THE COMPANY HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE COMPANY’S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE. THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, INCOME, GOODWILL OR DATA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF THE COMPANY OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, so the foregoing disclaimers and limitations may not apply to you. In those jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge the Company, its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of us, from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the release contained herein, you acknowledge that you have read and understand, and you hereby expressly waive all the benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. You acknowledge having read and understood Section 1542, which states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby also agree and covenant not to sue and expressly waive any and all claims against us for any claim that is released hereunder.
Indemnification
You agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorney’s fees) and other costs arising out of or relating to (i) your breach of these Terms and Conditions or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) third party claims arising from your use of the Site. We may, in our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations. Your obligations will survive these Terms and Conditions and your use of the Site.
Termination/Cancellation/Modification
We may terminate this Agreement, in our sole discretion, with or without cause, at any time, without notice, and without penalty. We may also terminate or suspend your access to all or part of the Site, without notice, for any conduct that it, in our sole discretion, believe is in violation of these Terms and Conditions, any applicable law or is harmful to the interests of another user of the Site or us. The following provisions shall survive any termination of this Agreement: Intellectual and Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and Governing Law and Jurisdiction.
We may change the Terms and Conditions at any time without notice by posting the changes on the Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. These Terms and Conditions are deemed entered into in Los Angeles County, California. All disputes arising out of or related to these Terms and Conditions, the services or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and supersede any and all prior or contemporaneous agreements, representations warranties and understandings, written or oral. The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of these Terms and Conditions or any of its obligations. Any failure by the Company to enforce any provision of this agreement shall not constitute a waiver thereof or any other provision. If any provision of this agreement is deemed unlawful, void or for any reason held to be unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
The Terms and Conditions (as changed from time to time as provided herein) shall apply to each time you visit the Site.