Terms of Use

Hereinafter, “MBI” or “We” refers to MBI Solutions, LLC with principal offices at 401 Congress Avenue Suite 2650 Austin, TX 78701(“Company”)

By accessing and using this Website (http://www.mbisolutions.net), the user (“You” or  “Your” hereafter) accepts the following terms and conditions, without limitation or qualification. By using the Website or downloading Materials from the Website, You hereby agree to abide by the terms and conditions set forth in this Terms of Use. In the event of You not agreeing to these terms and conditions, You are requested by MBI not to use the Website or download Materials from the Website. Unless otherwise stated, the contents of this website including, but not limited to, the text and images contained herein and their arrangement are the property of MBI. All trademarks used or referred to in this website are the property of their respective owners. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. MBI does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information. MBI has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

LIMITED LICENSE:
Subject to the terms and conditions set forth in these Terms of Use, MBI grants You a non-exclusive, non-transferable, limited right to access, use and display this Website and the Materials thereon. You hereby agree and confirm that:

Access to this site and the information contained herein is not unlawful under the applicable laws of the jurisdiction where I am resident and from where I am accessing this site.
You agree not to interrupt or attempt to interrupt the operation of the Website in any manner.
Unless otherwise specified, the Website is for Your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.

BLOGS:
This is to inform and clarify that individuals (including but not limited to employees of MBI and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of MBI, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of MBI in any manner. MBI retains all copyright to these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, You expressly agree and acknowledge to abide by the following:
You shall not defame, abuse, harass or threaten MBI or any third party, or otherwise violate the legal rights of MBI or any third party.
You shall not contribute any content or take any action that may in any manner adversely affect the reputation of MBI, or that is otherwise detrimental to MBI.
You shall not in any manner publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent or unlawful topic, name, material or information.
You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language.
You shall not in any manner reveal confidential or proprietary information of any third party. Specifically, You shall not post any material for which You do not have requisite and applicable right(s) under law.
You shall not conduct any contests or publish or propagate any forwards.
You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity but not limited to the foregoing) of any other party including MBI.
You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
You shall not upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
You shall not advertise or offer to sell or buy any goods or services for any business purpose.
You shall not download any file posted that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
You shall not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
You shall not create a false identity for the purpose of misleading others.
You shall not in any way deface or vandalize this Website, or prevent or restrict others from using this Website.
You shall indemnify and hold harmless MBI from any claims and loss incurred by MBI as a result of Your violation of these Terms of Use.
You acknowledge that MBI may, at its sole discretion, monitor, remove or edit any content that You contribute. MBI may also pursue remedies available to it under law for any violation of these terms and conditions.

THIRD PARTY CONTENT:
The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by MBI. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by MBI or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold MBI, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than MBI. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. MBI makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that MBI or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MBI or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of MBI and MBI is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. MBI is not responsible for webcasting or any other form of transmission received from any linked site. MBI is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by MBI in any manner of the website.

THIRD PARTY CONTENT AND DISCLAIMER OF WARRANTIES:
This website, the information and materials on the site, and any software made available on the Website, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. In spite of MBI’s best endeavours, there is no warranty on behalf of MBI that this Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

 


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. MBI SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MBI AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. MBI AND ITS AFFILIATES DO NOT WARRANT THAT (i) ANY PARTICULAR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY PARTICULARE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PARTICULAR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AS A RESULT OF THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBI OR THROUGH OR FROM ANY MBI SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


LIMITATION OF DAMAGES:
In no event shall MBI or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if MBI is expressly advised of the possibility of such damages.

 

EXCLUSIONS AND LIMITATIONS:

 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

POSTING ON THE MBI WEBSITE:
MBI does not claim ownership of the materials You provide to MBI (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") Your Submission You are granting MBI, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by MBI), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by MBI, as provided herein. MBI shall be under no obligation to post or use any Submission You may provide and MBI shall remove any Submission at any time at its own sole discretion.
By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE:
As a condition of Your use of the Website, You shall not use the Website for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair any MBI server, or the network(s) connected to any MBI server, or interfere with any other party's use and enjoyment of any services associated with the Website. You shall not attempt to gain unauthorized access to any section of the Website, other accounts, computer systems or networks connected to any MBI server or to any of the services associated with the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Website.

INDEMNITY:
You agree to indemnify and hold harmless MBI, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to Your use of this Website in any manner, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms of Use and against any applicable law.

CHANGES OR UPDATES:
MBI reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. MBI may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. MBI may also impose limits on certain features and services or restrict Your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that MBI may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials.

INTERNATIONAL USERS AND CHOICE OF LAW:
This Site is controlled, operated and administered by MBI from its offices within India. MBI makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside India. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside India, You are responsible for compliance with all local laws.
These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Bangalore, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.
These Terms of Use constitutes the entire agreement between MBI and You with respect to Your use of the Website. Any claim You may have with respect to Your use of the Website must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.

 

WAIVER AND SEVERABILITY OF TERMS OF USE:

The failure of MBI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.


 

INNACURACIES AND ERRORS:
The website may contain inaccuracies and typographical and clerical errors. MBI expressly disclaims any obligation(s) to update this website or any of the materials on this website. MBI does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. MBI reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. MBI may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.

 

STATUTE OF LIMITATIONS:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.