Terms of Use

MBCOI operates this web site (the “Web Site”) and by using this Web Site or any of its tools, products or services, you signify your acceptance of these Terms of Use. By accepting these Terms of Use, you also agree that your use of some services provided by MBCOI may be governed by separate or supplemental agreements. MBCOI may revise, modify or amend these Terms of Use at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Web Site or notifying you. You agree to review these Terms of Use periodically to ensure that you are aware of any changes. Your continued use of the Web Site will mean you accept those changes.

Use of Web Site Content
All of the content displayed on this Web Site, including without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the “Content”) is the proprietary property of MBCOI or its licensors (including Web Site users that post Content). Title to the Content remains with MBCOI or its licensors. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of MBCOI or the owner of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features of the Web Site are subject to change or termination without notice at the editorial discretion of MBCOI. All rights not expressly granted herein are reserved to MBCOI and its licensors.

MBCOI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part thereof, of the Content, with or without notice.

Registration
Certain sections of the Web Site may require registration before accessing. If you elect to register, you will establish a personal MBCOI account with your own unique password. You agree to maintain the security of your user identification, password and other confidential information relating to the use of your MBCOI account and to be responsible for any and all charges resulting from use of your MBCOI account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MBCOI passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MBCOI account and password; (3) promptly inform MBCOI of any need to deactivate a password. You grant MBCOI and all other persons or entities involved in the operation of the Web Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web Site. MBCOI cannot and does not assume any responsibility or liability for any information you submit, or for your or any third party’s use or misuse of information transmitted or received using MBCOI tools and services. If you are under the age of 18, you may not use this Web Site. Further, MBCOI reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.

Privacy
See the MBCOI Privacy Policy for disclosures relating to the collection, protection and use of your information. By using the Web Site you acknowledge, agree and consent to the terms and conditions of the MBCOI Privacy Policy, which is incorporated into these Terms of Use in its entirety.

User Submissions
You agree that you will not post any communications or Content of any type to the Public Spaces (as defined below) or elsewhere on the Web Site that infringe or violate any rights of any party. By posting communications or Content to the Web Site, you agree that such submission is non-confidential for all purposes.

You agree that you will not send or transmit to MBCOI by email (including through the email addresses listed on the “Contact Us” link), any communication or Content that infringes or violates any rights of any party. Unless you indicate otherwise, if you submit any business information, idea, concept or invention to MBCOI by email, you agree such submission is non-confidential for all purposes.

If you make any post to a Public Space, you automatically grant, and if you are not the owner of such Content, then you also warrant that the owner of such Content or intellectual property has expressly given you the rights to grant MBCOI and other users a limited, royalty-free, world-wide, nonexclusive license to use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form, format, or forum now known or hereafter developed, solely through the Web Site. You may remove such Content from the Web Site or request us to remove such Content at any time and the license granted above will automatically terminate. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not post them to the Web Site, including Public Spaces, or submit them to MBCOI by email without indicating in writing your desire to keep such submission confidential. You represent and warrant that you own or otherwise control all of the rights to the Content that you post or submit; that the Content is accurate; that use of the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify MBCOI for all claims resulting from Content you supply. We have the right but not the obligation to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.

MBCOI Member-To-Member Spaces (“Public Spaces”)
If you use a Public Space, such as a public profile, chat room, bulletin board or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Spaces. MBCOI is not responsible for the consequences of any communications in the Public Spaces.

In consideration of being allowed to use the Public Spaces, you agree that the following actions shall constitute a material breach of these Terms of Use:
a. Using a Public Space for any purpose in violation of local, state, national, or international laws;
b. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
c. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MBCOI in its sole discretion;
d. Posting advertisements or solicitations of business;
e. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
f. Posting chain letters or pyramid schemes;
g. Impersonating another person;
h. Distributing viruses or other harmful computer code;
i. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
j. Allowing any other person or entity to use your identification for posting or viewing comments;
k. Posting the same note more than once or “spamming”; or
l. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Space or any other part of the Web Site, or which, in the judgment of MBCOI, exposes MBCOI or any parties doing business with or interacting with MBCOI to any liability or detriment of any type.
MBCOI reserves the right (but is not obligated) to do any or all of the following:
a. Record the dialogue in Public Spaces;
b. Investigate an allegation that a communication(s) do(es) not conform to the Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s);
c. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
d. Terminate a user’s access to any or all Public Spaces and/or the Web Site upon any breach of these Terms of Use;
e. Monitor, edit, or disclose any communication in the Public Spaces; or
f. Edit or delete any communication(s) posted on the Web Site, regardless of whether such communication(s) violates these standards.

MBCOI reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. MBCOI has no liability or responsibility to users of the Web Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches and Links to Other Web Sites
MBCOI may provide links to third-party web sites. MBCOI also may select certain web sites as priority responses to search terms you enter and MBCOI may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MBCOI does not recommend and does not endorse the content on any third-party web sites. MBCOI is not responsible for the content of linked third-party web sites, web sites framed within the Web Site, third-party web sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. MBCOI does not endorse any product advertised on the Web Site. MBCOI is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Web Site.

Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying MBCOI that your copyrighted material has been infringed. The copyright agent for receipt of your notice of claims of copyright infringement on the Web Site can be reached at info@mbcoi.net.

Trademarks
We own the names we use for our products and services on the Web Site, and these names are protected by trademark laws in the U.S. and internationally. An ® following a name on our Web Site indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. If your activities are noncommercial, you may make use of our trademarks by linking to us or discussing us with others, as long as you make it clear that we are the owner of the trademark. Any other uses of our trademarks require our prior written approval.

You may not use MBCOI’s trademarks in any of the following ways:
a. In a non-MBCOI product name or publication title;
b. Within or as part of your own trademarks;
c. To identify non-MBCOI products or services;
d. In a manner which will likely cause confusion;
e. In a manner that implies that MBCOI sponsors, endorses or is otherwise connected with your own activities, products, or services; or
f. In a manner that disparages MBCOI.

Linking To Us
Usually, we do not mind if you include a simple link from your web site to ours. However, you must first ask our permission if you want to incorporate our logo as a part of the hyperlink or if you intend to frame our Web Site or incorporate pieces of it into a different web site or product in a way that is not clear to our users. You are not allowed to link to us if you engage in illegal, obscene, or offensive Content, or if the link in any way has a negative impact on our reputation.

Termination of Service
You agree that if you violate these Terms of Use, your permission to use this Web Site automatically terminates. You also agree that MBCOI may, at its sole discretion, terminate your access to this Web Site, or any portion thereof, or discontinue providing the Web Site, or any portion thereof. Further, you agree that MBCOI is not liable to you or any third party for any such termination or discontinuance.

Disclaimers – General
THIS WEB SITE IS OPERATED BY MBCOI ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MBCOI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEB SITE AND THE CONTENT OR INFORMATION PROVIDED THEREIN OR THE PRODUCTS AND SERVICES OFFERED THEREIN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

MBCOI DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE. LINKS TO OTHER WEB SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE.

MBCOI DOES NOT GUARANTEE THAT THE INFORMATION THAT IT PROVIDES ON THIS WEB SITE IS ACCURATE, CURRENT OR SUITABLE FOR A PARTICULAR PURPOSE. MBCOI ASSUMES NO OBLIGATION TO UPDATE POSTED INFORMATION. MBCOI DOES NOT GUARANTEE ACCESS TO THE WEB SITE, OR THAT THE WEB SITE WILL BE FREE OF VIRUSES, OR THAT THIRD PARTIES CANNOT TAMPER WITH THIS WEB SITE.

MBCOI MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

MBCOI ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED ON THIS WEB SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE RELATED TO IMPLIED WARRANTIES.

Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL MBCOI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, MISUSE OR INABILITY TO USE THIS WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MBCOI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MBCOI UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity
You agree to defend, indemnify and hold harmless MBCOI, its parent, subsidiaries and affiliates, licensors and suppliers, and their directors, officers, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Notice
If you register for services or tools on the Web Site, you agree to keep your contact information, such as email address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.

General
You agree that this Web Site shall be deemed solely based in North Carolina. You further agree that this Web Site shall be deemed a passive Web Site that does not give rise to personal jurisdiction over MBCOI, either specific or general, in jurisdictions other than North Carolina. These terms and conditions shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and MBCOI that arises in whole or in part from these terms and conditions or your use of this Web Site shall be decided exclusively by a court of competent jurisdiction located in Wake County, North Carolina. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. These terms and conditions, together with the MBCOI Privacy Policy and any other legal notices published by MBCOI on the Web Site, constitute the entire agreement between you and MBCOI with respect to the Web Site and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MBCOI with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and MBCOI’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, these Terms of Use shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. §§ 1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms of Use shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.

Complete Agreement
Except as expressly provided in a particular “legal notice” on the Web Site, these Terms of Use and the MBCOI Privacy Policy constitute the entire agreement between you and MBCOI with respect to the use of the Web Site and Content.

Questions or comments
Questions or comments regarding these Terms of Use or the Web Site, including any reports of non-functioning links, should be directed by electronic mail to info@MBCOI.com or via U.S. mail to MBCOI at 5600 Marvin K. Moss Lane, Wilmington, NC 28409.

Last Updated February 2015