Rotorcraft Directory

MainGearbox.com

TERMS OF USE

Latest Update 22 February 2025

Please review the Terms of Use carefully.

WHO WE ARE

Welcome to MainGearbox and the “Rotorcraft Directory”. 

MainGearbox is owned and operated by the Fight Supply Company, LLC.

This document and the other documents that will be reference below make up our Terms of Use (the “Terms” for short) for the MainGearbox websites.  The Terms are a legally binding contract between you and the Fight Supply Company, LLC dba Maingearbox, here after referred to as “MGB.”

Please note Section 19.  Disputes with MGB, contains an arbitration clause and class action waiver.  By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *

This contract sets out your rights and responsibilities when you use the MGB websites, our mobile apps, and the other services provided by the MGB (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms.  If you don’t agree with the Terms, you may not use our Services. 

Do you agree with us?  Awesome, read on!

TABLE OF CONTENTS…..Quick Links to:

  1. INTRODUCTION
  2. DEFINED TERMS
  3. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
  4. UPDATES
  5. USE OF MGB WEBSITES
  6. CONTENT AND IDEAS
  7. MONITORING BY MGB
  8. MATERIALS AVAILABLE ON THE MGB WEBSITES
  9. THIRD PARTY WEBSITES
  10. USER ACCOUNTS
  11. INTELLECTUAL PROPERTY
  12. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
  13. PRIVACY
  14. COMMUNITY
  15. CLASSIFIEDS
  16. DISCLAIMER OF WARRANTIES
  17. LIMITATION OF LIABILITY
  18. INDEMNIFICATION
  19. DISPUTES & ARBITRATION; APPLICABLE LAW
  20. TERMINATION
  21. GENERAL
  22. HOW TO CONTACT US

1. INTRODUCTION

Welcome to MGB.  These Terms govern your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by MGB.  The website is available for your use only on the condition that you agree to the Terms set forth below.  By using the MGB websites, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these Terms on your behalf.  If you violate or do not agree to these Terms, then your access to and use of any MainGearbox.com website is unauthorized.  

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER MGB SOFTWARE, SERVICES, WEBSITES OR ANY OF THE MGB LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

MGB RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE MGB’S SOLE DISCRETION.  CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.  THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

No implication is made that the materials published on the MGB website is appropriate for use outside of the United States.  If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.  Additionally, this website is published in English and we are not responsible for errors in translation.

2. DEFINED TERMS:

In these Terms:

  1. When we say “MGB,” we mean the Fight Supply Company, LLC, MainGearbox.com and the MGB Directories, Listings, Shops, Stores and any subsidiaries of the Fight Supply Company, LLC (including any subsidiaries that the Fight Supply Company, LLC may form or acquire in the future) and their affiliates, directors, officers, employees and agents.  We may also refer to MGB as “we,” “us” and “our.”  But when we say “MGB Entities,” we mean MGB; its sellers, suppliers, vendors, contractors, and licensors.
  2. When we say “MGB websites,” we mean all websites owned and operated by MGB and all related functionality, services, and Content offered by or for MGB on or through the family of MGB websites or the systems, servers, and networks used to make MGB Websites available.
  3. When we say “MGB Apps,” we mean any “MGB App” for iPhone and Android, which may when available, be downloaded from the iTunes App Store or the Google Play Store.
  4. When we say “you” or “your” we mean any user whether you personally or on behalf of an entity (“you”) of any the MGB websites and any person who has notice of these Terms.
  5. When we say “Terms,” we mean these Terms and all other terms and policies posted by the MGB websites (and any updates by MGB to these Terms and those terms and policies).
  6. When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, video clips, and written and other materials.)
  7. When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the MGB websites.
  8. When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of MGB websites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with MGB websites through the tools offered by such social media platforms).
  9. When we say “Materials,” we mean Content that MGB Entities make available on or through MGB websites, including in shop information.
  10. When we say “device,” we mean any device that provides a means of interaction with the MGB websites.

3.  WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

While there are important points throughout these Terms, please note the warranty disclaimers and limitations on MGB’s liability explained in Sections 20 and 21, respectively.

4.  UPDATES

We may update these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms on the MGB websites.  We reserve the right, in our sole discretion, to make changes or modifications to these Terms.  We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.  Please ensure that you check the applicable Terms every time you use the MGB websites so that you understand which Terms apply.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the MGB websites after the date such revised Terms are posted.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes.  You agree that it is your responsibility to regularly check the MGB websites for any updated Terms.  In addition, by continuing to use or access any of MGB websites or otherwise engaging with MGB after we post any changes, you accept the updated Terms.  The “Last Updated” legend above indicates when these Terms were last changed.

5. USE OF THE MGB WEBSITES

You certify that the Content you provide on or through the MGB websites is accurate and that the information you provide on or through the MGB websites is complete.  You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.  The MGB is not responsible for any losses arising out of the unauthorized use of your account.  You agree that the MGB does not have any responsibility if you lose or share access to your device.  Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the MGB websites.  You agree that the MGB is not a party to any such agreement, nor is the MGB responsible for the content, accuracy, or unavailability of any method used for payment.  Your account may be restricted or terminated for any reason, at our sole discretion.  Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the MGB websites or any portion of the MGB Websites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the MGB Websites or any portion of the MGB Websites.

  1. In connection with the MGB Websites, you will not:
    • make available any Content through or in connection with the MGB websites that is or may be in violation of the content guidelines set forth in Section 6.C (Prohibited Content) below.
    • make available through or in connection with the MGB websites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • use the MGB websites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • harvest or collect information about users of the MGB websites.
    • interfere with or disrupt the operation of the MGB websites or the systems, servers, or networks used to make the MGB websites available, including by hacking or defacing any portion of the MGB websites; or violate any requirement, procedure or policy of such servers or networks.
    • restrict or inhibit any other person from using the MGB websites.
    • reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the MGB websites except as expressly authorized in these Terms, without the MGB’s express prior written consent.
    • reverse engineer, decompile, or disassemble any portion of the MGB websites, except where such restriction is expressly prohibited by applicable law.
    • remove any copyright, trademark, or other proprietary rights notice from the MGB websites.
    • frame or mirror any portion of the MGB websites, or otherwise incorporate any portion of the MGB websites into any product or service, unless you obtain the MGB’s express prior written consent to do so.
    • systematically download and store any Materials.
    • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the MGB websites, without MGB’s express prior written consent.
    • cause injury to any person or entity.
    • violate any law, rule, or regulation, or these Terms.
  2. You will not use the MGB websites or the MGB’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a MGB trademark, logo, URL, or product name without the MGB’s written consent;
  3. You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms.

6. CONTENT AND IDEAS

A. Submitting Content and Ideas

MGB provides functionality that enables users to make available Content and Ideas in connection with the MGB websites.  Any text in Content should be written in English.  You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any MGB website.  You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms, including in Section 6(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms.  This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. MGB’s Rights to Use Content and Ideas

You grant to MGB a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed.  You further agree that MGB is free to use any Ideas for any purpose.  MGB may sublicense its rights in Content and Ideas through multiple tiers of sublicenses.  MGB is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea.  You grant to MGB the right to use any name associated with any Content or Idea that you make available to MGB, although MGB has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the MGB websites that:

  1. is false, fraudulent, inaccurate, or misleading;
  2. contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  3. violates any local, state, federal, or international laws or is otherwise tortious;
  4. is protected by or would infringe on the rights of others (including MGB), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  5. is obscene, indecent, pornographic, or otherwise objectionable;
  6. is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MGB in its sole discretion;
  7. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  8. is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  9. contains advertisements, solicitations, or spam links to other web websites or individuals, without prior written permission from MGB;
  10. contains or relates to chain letters or pyramid schemes;
  11. impersonates another business, person, or entity, including MGB, its related entities, employees, and agents;
  12. violates any policy posted on the MGB websites; or
  13. is intended to cause harm, damage, disable, or otherwise interfere with the MGB websites or our partners.

7. MONITORING BY MGB

MGB will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the MGB websites, including to determine compliance with these Terms and any other operating rules that may be established by MGB from time to time.  MGB will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the MGB websites, for any reason, including violation of these Terms, whether for legal or other reasons.  Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify MGB for all claims resulting from any Content you make available.

8. MATERIALS AVAILABLE ON THE MGB WEBSITES

MGB and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time.  Before you act in reliance on any Materials, you should confirm any facts that are important to your decision.  MGB Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.  If you find an error or notice something that does not look quite right on the MGB websites, we would appreciate it if you let us know by contacting us at info@fightsupply.com. (Your feedback is a big part of what helps MGB to get better at helping you!)

THE MGB ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

9. THIRD PARTY WEBSITES

References on a MGB Website to any names, marks, products, or services of third parties, or links to third-party websites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  The MGB is not responsible for the content of any third-party linked website or any link contained in a linked website, including any third-party social media or mobile app platform with which the MGB websites operate or otherwise interact, nor is the MGB responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).

10. USER ACCOUNTS

Some features of the website may require you to create a user account.  You are responsible for maintaining the confidentiality of your account information and password.

11. INTELLECTUAL PROPERTY

The MGB websites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to the MGB, and are protected by U.S. and international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms, and solely for so long as you are permitted by MGB to use the MGB websites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the MGB websites or any Materials is transferred to you as a result of your use of the MGB websites or your accessing, viewing, downloading, or printing of the Materials.  You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the MGB websites.  MGB websites and Materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the MGB websites and the Materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of the MGB websites and Materials is the exclusive property of MGB and is also protected by U.S. and international copyright laws.

MGB names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the MGB website is trademarks or trade dress of the MGB in the United States.  All other marks are the property of their respective companies.

12. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the MGB Websites in a way that constitutes copyright infringement, please see contact us at info@maingearbox.com to report possible copyright infringement.

13. PRIVACY

You acknowledge that any personal information that you provide through the MGB websites will be used by the MGB in accordance with the MGB’s Privacy Policy (available at http://maingearbox.com/privacy-policy), which may be updated by MGB from time to time.  

You authorize your wireless operator (AT&T, T-Mobile, Verizon, or any other branded wireless operator) to disclose to MGB and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship.  See the MGB Privacy Policy for how MGB treats your data.

14. COMMUNITY

 A. Rotorcraft Network

MGB operates a social networking website on MainGearbox.com which enables users to write Posts on Activity Stream and Profiles.  Comments under Posts are nested so users never lose track of the conversations.  Users can set their own avatars and cover images.  Profiles come with custom fields that users can fill in with information about themselves. 

15. CLASSIFIEDS

 A. MainGearbox.com/Classifieds/

The MGB operates a Classified Ads page as part of the MGB Rotorcraft Network.  The classifieds are posted by others.  MGB does not own or sell the items listed on the site.  The actual contract for sale is directly between the sellers and buyers.  Sellers and buyers are solely responsible for all aspects of the transactions in which they choose to participate.  All transactions conducted in the Classifieds must be consistent with any applicable laws, the Supplemental Classifieds Terms of Use and Privacy Policy (together the “Classifieds Policies”) which are incorporated herein by this reference.  The MGB reserves the right to reject or remove any Classifieds listing that is not consistent with the letter or spirit of our Policies or the law.  Please review the Supplemental Classifieds Terms of Use and make sure any transactions you conduct fully comply.

16.  DISCLAIMER OF WARRANTIES

THE MGB WEBSITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MGB WEBSITES, AND/OR THE MGB SHOPS OR STORE LOCATIONS, ARE PROVIDED BY MGB ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NO MGB ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MGB WEBSITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MGB ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, THE MGB ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED.  YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE MGB WEBSITES IS AT YOUR SOLE RISK.   THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE MGB WEBSITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE MGB WEBSITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.  YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO MGB ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE MGB WEBSITES.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY

MGB and its affiliates will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website.

Third-Party Services – Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest).  You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps).  When you access these third-party services, you do so at your own risk.  The third parties may require you to accept their own Terms.  The MGB is not a party to those agreements; they are solely between you and the third party.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE MGB ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A MGB ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO MGB ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MGB WEBSITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

18. INDEMNIFICATION

WARRANTIES – THE MGB IS DEDICATED TO MAKING OUR SERVICES THE BEST THAT WE CAN, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG.  YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED).  WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT:  (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS – TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MGB, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL MGB’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID MGB IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend (at the MGB’s option), indemnify, and hold the MGB Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your use (or misuse) of the MGB Websites, your breach of the Terms, or you or your account’s infringement of someone else’s rights.  The MGB reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with the MGB if and as requested by the MGB in the defense and settlement of such matter.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

19. DISPUTES & ARBITRATION; APPLICABLE LAW

If you are unhappy with us, please let us know, and hopefully we can resolve your issue.  But if we cannot, then these rules will govern any legal dispute involving our Services:

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  Using or accessing the MGB websites constitutes your acceptance of this Arbitration provision.  Please read it carefully as it provides that you and the MGB will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MGB, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT MGB AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  

Governing Law – The Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules, and the laws of the United States of America.  These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Arbitration – You and MGB agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules.  Judgment on the arbitration award may be entered in any court that has jurisdiction.

The arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination should be made the American Arbitration Association (the “AAA”) or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding.  The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

20. TERMINATION

These Terms are effective unless and until terminated by either you or MGB.  You may terminate these Terms at any time, provided that you discontinue any further use of the MGB websites.  We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to the MGB websites, if in our sole discretion you fail to comply with any term or provision of these Terms.  Upon any termination of these Terms by either you or the MGB, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the MGB websites, as well as all copies of such Content, whether made under these Terms or otherwise.  The following sections will survive any termination of these Terms: “Use of the MGB Websites,” “Content and Ideas,” “Monitoring by MGB,” “Materials Available on the MGB Websites,” “Merchandise,” “Third Party Websites,” “Placing an Order with MGB,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

21. GENERAL

These Terms represent the complete agreement and understanding between you and the MGB and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms.  These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the MGB. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect.  The failure of the MGB to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit the MGB’s rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.  Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms) may be made via posting to the MGB Websites or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. CONTACT US

If you have any questions or comments, please contact us HERE.

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