TERMS OF USE

These Terms of Use (“Terms of Use” or “Agreement”) are a legally binding contract between MOS Group, Inc. (“We” or “Company”) and you regarding your use of this website. By using this website, you as an individual and on behalf of any organization for which you are using this website or our products or services agree to these Terms of Use. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE.

Limited License

We hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to access and use this website in accordance with this Agreement—solely for your personal benefit and not for commercial use. We may terminate this license for convenience at any time without notice. You shall abide by all applicable local, state, national and foreign laws, and regulations in connection with using this website. No part of the website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means

You agree that you will not use any robot, spider, or other automated software, device, process, or means to access, scrape data from, or otherwise use this website. You agree that you will not use any software, device, or process that interferes with the proper working of the website nor will you otherwise attempt to interfere with the proper working of this website.

Copyright

The information and materials on this website, as well as the design and layout of this website, are protected by copyright and other intellectual-property laws; and any unauthorized use of the materials and this website as described in the preceding paragraph may violate such laws. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade-secret information with respect to this website.

Trademark Information

The trademarks, logos and service marks ("Marks") displayed on this website are our property or the property of other third parties. You are not permitted to use the Marks without our prior written consent of we or the prior written consent of such third parties, which may own the Marks.

Permission to Link

You may create a plain text link to this website, provided that:

• neither you nor the link portrays us, our affiliates, or this website in a false or disparaging manner;
• neither you nor the link suggests sponsorship, affiliation, or endorsement by or with us, our affiliates; and
• neither you nor the link are engaged in fraudulent or illegal activity.

We may revoke this permission to you at any time for any reason. You may not frame, inline link, or similarly display any of this website’s content.

Disclaimers

ALL INFORMATION AND MATERIALS ON THIS WEBSITE AND ANY PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY AND DISCLAIM ANY WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY USER FROM OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY IMPLIED WARRANTIES DO APPLY TO YOU, TO THE EXTENT PERMITTED BY LAW, ANY SUCH IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

The use of any products or services through this website or the downloading or other acquisition of any information or materials through this website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from us or through or from this website shall create any warranty not expressly stated in this Agreement.

This website may contain links to third-party websites that are not under our control. We makes no representations whatsoever about any other website to which you may have access through this website. When you accesses such a third-party website, you do so at your own risk; and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. We provides these links merely as a convenience; and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or use of such websites.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THIS WEBSITE, ANY INFORMATION, MATERIALS, OR SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU—AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Dispute Resolution

If a dispute arises under this Agreement, upon either party's written request or notice to the other, the parties will each appoint a designated representative to attempt in good faith to resolve such dispute. Except for disputes where preliminary injunctive relief is an appropriate remedy, no formal legal proceedings may be commenced with respect to any dispute until the designated representatives conclude in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely.

Limitation of Liability

IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, PROVIDERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE, OR ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIALS PROVIDED OR AVAILABLE HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

This website is controlled by us from our offices within the State of California, United States of America. By accessing this website, you and we agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the State of California (without reference to its choice-of-law provisions).

Assignment

We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent. For any permitted assignments, this Agreement will bind and inure to the benefit of any assignees or successors in interest.

No Third Party Beneficiaries

This Agreement is between you and us. There are no third party beneficiaries.

No Waiver; Severability

If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, that part shall be superseded by a valid enforceable provision that most closely matches the intent of the original provision; and in any event. the remainder of this Agreement will remain in full force and effect.

Products and Services (and Other Agreements)

For clarity, these Terms of Use in particular govern your use of this website only—and do not reduce, affect, or modify any terms, conditions, or agreements you may have or make with us, such as in the course of completing and submitting an application relating to one of our products or services or otherwise entering into a transaction with us.

Changes to These Terms of Use

If we decide to change these Terms of Use, we will post the changes to this page. We reserve the right to modify these Terms of Use at any time, so please review this page frequently. By continuing to use this website, you as an individual and on behalf of any organization for which you are using this website agree to these Terms of Use (including as may be revised).

Last updated June 1, 2009.