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Trademarks and Copyright: Better Your Business and the Better Your Business logo (the “Marks”) are the exclusive and valuable property of MBO. The Marks can only be reproduced or displayed with specific written permission from MBO, and only in accordance with the policies and guidelines associated therewith. MBO has made every effort to supply trademark information about company names, products and services mentioned on the Site. All third-party trademarks are the property of their respective owners.
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MBO reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that MBO shall have the right to terminate your access to the Site or content for violations of any of these rules, including infringement of copyright.
Legal Disclaimers: MBO provides information about certain topics that we feel users of the Site may find of interest as well as products and services. The products, services, information, and Materials provided by MBO should not be relied upon as legal advice, and MBO is not responsible for the results achieved by any company or individual relying on such materials. Each user is solely responsible for the identification and interpretation of any applicable federal, state and local laws, regulations and statutes. Before you make any decision that may have legal implications, you should consult with a qualified legal professional for specific legal advice tailored to your situation.
The Site and the information provided therein are for the convenience of users of the Site. The information provided on the Site and the products and services described on the Site are subject to change without notice. MBO DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED, DOWNLOADED OR OTHERWISE RECEIVED FROM THE SITE. THE SITE AND ASSOCIATED CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MBO DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE CONTENT RECEIVED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. MBO DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MBO, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS MBO OR ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF MBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Governing Law: These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Essex County or the District of Massachusetts with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.
Force Majeure: Under no circumstances shall MBO, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
Entire Agreement: These TOU constitute the entire agreement between you and MBO with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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