I. COPYRIGHT & TRADEMARKS
All of the content included on this PRODUCT, including the text, photographs, graphics, video and audio content, logos, icons, screens and configurations, is the property of MMP or its licensors and is protected by U.S. and international copyright and trademark laws, as a compilation or collective work and/or individually. All software is the property of MMP or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information. You may not copy, reproduce, modify, distribute, transmit, replicate, publish, enter into a database, display, perform, create derivative works, distribute over a network, sell or offer for sale or otherwise exploit the content of this Web site, except for your own personal use as follows: you may make one machine readable copy and/or one print copy strictly for your own personal use. Any other use of the content of this PRODUCT is strictly prohibited.
As a convenience, this PRODUCT may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, MMP is not endorsing any of the other sites and MMP has no responsibility for the content of third party sites. You access any and all linked sites at your own risk.
III. EXPORT RESTRICTIONS
United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including without limitation Cuba, Iraq, Libya, North Korea, Iran and Syria. You are representing that you are not located in any of the prohibited countries.
THIS PRODUCT IS PROVIDED BY MMP ON AN “AS IS” BASIS AND THE USE OF THIS PRODUCT IS ENTIRELY AT YOUR OWN RISK. MMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODUCT, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, PRICES AND/OR TIME FRAMES FOR SHIPMENT INCLUDED ON THIS PRODUCT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MMP OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NOTHING CONTAINED IN THIS SITE IS OFFERED OR INTENDED AS PROVIDING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT A LEGAL, ACCOUNTING OR OTHER APPROPRIATE PROFESSIONAL FOR SUCH ADVICE. This Section shall survive any termination of this Agreement.
V. LIMITATION OF LIABILITY
MMP NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS PRODUCT. YOU AGREE THAT, IN NO EVENT SHALL MMP NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE OR THE USE OF THE SERVICES THROUGH THIS WEB SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM MMP’S NEGLIGENCE. IN ANY EVENT, MMP’S LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive any termination of this Agreement.
You agree to indemnify MMP and its respective officers, directors, shareholders, members, employees, agents representatives, parents, subsidiaries, affiliates, licensors and content providers for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this PRODUCT and any violation of any law, rule or regulation arising out of such use or (b) any violation of this Agreement.
VII. APPLICABLE LAW AND JURISDICTION
This Agreement shall be construed and governed by the laws of the State of Texas, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Bexar County, Texas shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
VIII. FORCE MAJEURE
MMP will not be liable in any amount for failure to perform under this Agreement if such failure is caused by fire, flood, earthquakes, tornadoes, war, acts of God, terrorist acts or the occurrence of any other unforeseen contingency beyond the control of MMP.
IX. ENTIRE AGREEMENT; NON-SEVERABILITY
This Agreement constitutes the entire agreement between you and MMP and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.