Terms of Use

License and Site Access

The Site is intended to provide information to customers and potential customers regarding MJB products and services. MJB grants you a limited, revocable, non-transferable, and non-exclusive license to use the object code of the Site on a single computer and not to download (other than page caching) or modify it, or any portion of it. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of MJB . Except with express written consent of MJB , you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site. The license does not include resale of this Site or its contents, or collection and use of any content or any derivative use of this Site or its contents. If you would like to link to our Site, please review the Links to This Site section. You agree not to engage in any conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of MJB , exposes MJB or any of its affiliates to any liability or detriment of any type. Any unauthorized use or violation of the Site shall be grounds to terminate the permission or license granted by MJB to access the Site.

User Communications and Unsolicited Idea Submission

By voluntarily submitting electronic communications (including pictures and anecdotes) to or through the Site, you agree that such submissions are non-confidential for all purposes and agree to any information you provide being stored in a database. Please note, it is MJB ’s policy not to review or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new products or services developed internally by MJB might be similar or even identical to your idea. You agree that if you send MJB a comment or feedback or an unsolicited suggestion, idea, or proposal (collectively, the “Submissions”), the Submission is non-confidential and non-proprietary. You further agree that such Submissions become the property of MJB and that all title and interest therein, including all rights of copyright, rests with MJB at the time they are submitted. MJB has no obligations concerning the Submissions, contractual or otherwise (including, but not limited to, an obligation to keep the Submissions confidential), and will not be liable for any use or disclosure of any Submission. Submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice and MJB is entitled to unrestricted use of Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Unauthorized Data Collection

Systematic retrieval of data from this Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of MJB is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by MJB . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any portion of this Site without prior express written consent.

You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

MJB ’s logos and other trademarks, service marks, labels, product names and service names, including without limitation E.QUALITY®, MJB IMS 168® and MJB VOS 24/7® (collectively, the “Marks”) are owned or licensed by MJB . You may not use meta tags or any other “hidden text” utilizing MJB ’s name or trademarks without the express written consent of MJB . You agree not to copy, display or otherwise use any of the Marks without the prior written permission of MJB . Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not provided by MJB .

The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the site associated therewith, are copyright 2003-2009, MJB Wood Group, LLC . All rights reserved. The copyrighted and proprietary property of MJB may not be duplicated or used without MJB ’s express prior written consent. Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices included by MJB .

Links to This Site

Unless you obtain prior written authorization from MJB , you may not create or establish any link between your own or a third-party Web site and this Site. For written authorization, please contact our Vice president- IT. Even if you have obtained permission to link to our site, you may not:

• Create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site;
• Misrepresent your relationship with MJB ;
• Imply that MJB approves or endorses you, your Web site, or your service or product offerings; and
• present false, derogatory, misleading or otherwise offensive impressions about MJB or its products or services or otherwise damage the goodwill associated with the MJB name or trademarks

You may not use any other MJB logo or other proprietary graphic or trademark as part of the link without express written permission. As a further condition to any permission granted to link to this Site, you agree that MJB may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links.

Links to Other Sites

The Site may contain links to third party websites. Such third party websites are not under the control of MJB . Please note that MJB is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, MJB can make no representation concerning the terms of use, privacy policies or content of these sites to you, nor can the fact that MJB has provided this link serve as an endorsement by MJB of this or any other site. In creating hypertext links to any other website, MJB is not recommending that website or giving any assurances as to its standing. MJB is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. MJB makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Employment Related Information

We may collect information from potential employees on our Site. MJB does not tolerate discrimination in employment on the basis of race, color, age, sex, sexual orientation, religion, disability, ethnicity, national origin, marital status, veteran status, or any other legally-protected status. Drug testing and background checks are performed for all positions. United States Department of Transportation (DOT) physical performed for driver and/or technical positions.

Termination

Your use of the Site is at the sole discretion of MJB , which may deny you further use of the Site at any time with or without cause in its sole discretion, including, without limitation, for your violation of this Agreement. Your use of the Site does not entitle you to continued use of the Site. In the event of termination, all representations, warranties, indemnifications, and promises made by you survive termination.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MJB FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF MJB , ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE OR YOUR USE OF THE INFORMATION CONTAINED ON THE SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• OUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MJB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
• MJB ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
• MJB IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE.
• MJB MAKES NO WARRANTY THAT:
  • YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • YOU ASSUME FULL RESPONSIBILITY TO EVALUATE FOR ITSELF THE CONDITION, QUALITY, ACCURACY, AND SUITABILITY OF INFORMATION PROVIDED ON THE SITE. SUCH INFORMATION DOES NOT TAKE THE PLACE OF ACCOUNTANTS, ATTORNEYS, OR ANY OTHER PROFESSIONAL OR LICENSED SERVICES PROVIDERS.
  • NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MJB OR THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON AND USE OF SUCH CONTENT. NO CONTENT INCLUDED ON THIS SITE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY CONTAINED IN PURCHASE AGREEMENTS FOR OUR PRODUCTS OR SERVICES. EXCEPT AS OTHERWISE SET FORTH HEREIN, OUR PRODUCTS AND SERVICES ARE “AS IS” AND MJB MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Customer Data

CUSTOMER DATA MAY BE PROVIDED THROUGH THE SITE AND, IF IT IS PROVIDED, SUCH INFORMATION IS PROVIDED “AS IS” AND MJB SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY MJB OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. THE INFORMATION PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. BY ACCESSING SUCH INFORMATION, YOU ACKNOWLEDGE AND AGREE THAT ALL OF THE DATA DISPLAYED ON THIS SITE IS FOR YOUR REFERENCE ONLY AND WILL NEVER SUPERSEDE ANY INFORMATION RECEIVED DIRECTLY FROM MJB , SUCH AS AN INVOICE.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MJB IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MJB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SITE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
• ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
• THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE;
• ANY OTHER MATTER RELATING TO THE SITE; OR
• THE PURCHASE OF PRODUCTS OR SERVICES FROM MJB .

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, MJB ’S LIABILITY TO YOU WILL NOT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MJB ARISING OUT OF THE USE OF THE SITE. MJB IS NOT LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Termination

MJB may terminate your right to use this Site or any part of this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Modification

MJB may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments are effective immediately upon posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and MJB with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. If products are available through our Site, the terms applicable to such purchase shall be the terms provided at the time of purchase not any terms contained on this Site. If you are a customer or business partner of MJB who has a written agreement with MJB , this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with MJB . In the case of a conflict between the terms of this Agreement and the terms of any purchase documents or other written agreements with MJB , the terms of the purchase documents or the other written agreements shall control.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

MJB ’s principal office is in the State of Texas and this Site is controlled by MJB Wood Group, LLC from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and MJB agree that the statutes and laws of the State of Texas, without regard to conflict of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort or contract, at law or in equity).

This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto will be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e‑mail satisfy any legal requirement that such communications be in writing.