Applicable to the Websites of MUVZ, Inc. dba:
The Traffic Safety Store™,
The Airport Safety Store™,
The Parking Block Store™, and
Last Updated: September 8, 2022
IMPORTANT LEGAL NOTICE:
Your access to and use of this website and any pages contained herein including all web pages whose URL’s include:
- www.parkingblock.com, and
1. YOUR AGREEMENT TO THESE TERMS
Our Websites are designed for use by U.S. residents over the age of 18. They are not designed for use by children, and we do not intentionally collect personal information from children through our Websites. You must be at least eighteen (18) years of age to have the right to access and use our Websites (the “Initial Criteria for Use”).
2. PRIVACY AND SUBMISSIONS
Additionally, please note that use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
3. USER SUBMITTED CONTENT AND CONDUCT
Except as otherwise provided elsewhere in these Term of Use or on our Websites, anything that you submit or post to our Websites and/or provide to MUVZ or any of its business divisions, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, "User Submissions") is and will be treated as non-confidential and nonproprietary. You hereby grant MUVZ and its affiliates a perpetual, royalty-free, irrevocable, non-exclusive, transferable license in any copyrightable material that you transmit or post to our Websites, and MUVZ and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such User Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such User Submissions. Furthermore, MUVZ and its affiliates are free to use any ideas, concepts, know-how, or techniques in any communication that you send to us through our Websites or otherwise for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services. All User Submissions shall automatically become the sole and exclusive property of MUVZ and shall not be returned to you.
In addition to the rights applicable to any User Submissions, when you post communications, comments, or reviews to our Websites, you also grant MUVZ and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the User Submissions that you post on our Websites and that use of your User Submissions by MUVZ and its affiliates will not infringe upon or violate the rights, including intellectual property rights, of any third party.
You agree not to use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead MUVZ or third parties as to the origin of any User Submissions. You agree not to post any content that is: illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or is otherwise generally objectionable or constitutes any manner of: political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" all of which constitute prohibited conduct. MUVZ may, in its sole discretion, but shall not be obligated to, remove or edit any User Submissions (including reviews, questions, or answers).
Although MUVZ may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on its Websites, it is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on its Websites. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. MUVZ will fully cooperate with any law enforcement authorities or court order requesting or directing MUVZ to disclose the identity of anyone posting any such information or materials.
4. REPRESENTATIONS MADE BY YOU
By accessing, browsing, and/or using this Website, you represent, warrant and agree that you are a U.S. resident over the age of 18; that you have any and all authorizations as may be necessary to enter into this Agreement; that your use of the Website, including the provision or use of any Content, does not violate any applicable law; and that you have read, understood, accept, and agree to be bound by the terms of this Agreement. You also represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and you understand that if you provide incorrect or incomplete information it may affect the value of the Website to you. Additionally, If you are using the Website on behalf of someone else or an entity, your further represent and warrant that you have the authority to bind such other person or entity to the terms of this Agreement.
5. ADDITIONAL USER OBLIGATIONS
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of this Website and that you will not interfere (i.) with the use and enjoyment of this Website by other Users or (ii.) with MUVZ's operation and management of this Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on this Website, including, without limitation, information required to be provided through any MUVZ registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, MUVZ reserves the right to terminate your access and use of this Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using this Website, or defame or otherwise harm any party through your use of this Website.
In addition you also agree that you will not use our Website or services to:
- (a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (b) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- (c) log on from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to our Website from one of these countries may result in your access being restricted and/or terminated; or
- (d) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
6. RESTRICTIONS ON USE
A. LIMITED LICENSE
We do not charge Users of this Website any fee to access the public portions of our Website. Accordingly, we grant each User a limited, revocable, non-exclusive license to access the Website in order to view its Content or make legitimate inquiries to us regarding our Website, and the products and services offered or advertised on our Website, all in accordance with this Agreement.
You are granted permission to use the information provided to you on or via this Website solely for your own personal, non-commercial use. The Content on the Website is made available only for each User’s personal use in accordance with the limited license grant contained herein. All Content on the Website, and the Website itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Content on the Website.
Other than for your personal, non-commercial use, Content may not be used, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without prior written permission of the copyright holder.
Importantly, this limited license does not include any right of collection, aggregation, display or modification of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
B. UNAUTHORIZED USE
Any other use of this Website or its Content is expressly prohibited. You acknowledge that you are responsible for all information and content you send to the Website. Except to the extent otherwise provided within this Agreement, or unless otherwise applicable law requires us to allow you to do so, among other things you may not do any of the following without our prior written consent:
You may not:
- Copy, reproduce, upload, post, display, republish, distribute, scrape, capture, store, or transmit any part of the Content in any form whatsoever;
- Reproduce any portion of the Website on your website or anywhere else, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website;
- Reverse engineer, disassemble, attempt to derive the source code of, or decompile all or any part of this Website;
- Offer to or actually rent, lease, lend, sell, transfer, redistribute, reproduce, license or sub-license all or any portion of the Website in any form to any third party;
- Use our Website to advertise or otherwise refer to or promote your own company’s goods or services, or to advertise the products and services of any other entity;
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Website;
- Use the Website other than to view its Content or make legitimate inquiries to us regarding our Website, products, and services, as applicable, in accordance with this Agreement;
- Use the Website to create any false or fraudulent account or inquiry;
- Post or transmit any unlawful, illegal, harmful, threatening, abusive, harassing, discriminatory, tortious, libelous, defamatory, obscene, offensive, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material, or material that is invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil action or liability, or otherwise violate any law or confidentiality agreement, or for any other purpose that is unlawful or prohibited by this Agreement;
- Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website or any other computer systems or networks used by us or the Website, or infringes on our copyright or on the copyright of our licensors or others;
- Violate, plagiarize or infringe the rights of us or of any third parties including, without limitation, copyright, trademark, or patent rights; rights of publicity or privacy or any other intellectual property, proprietary, or other rights;
- Upload or transmit to the Website or use in connection with the Website any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of, the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, systems, or networks;
- Disguise the origin of any information or inquiry transmitted through the Website; or
- Use or exploit this Website or its Content in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespass or burdening network capacity.
If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
If we believe that you are engaging in any activity through or in connection with the Website that appears to be in violation of the above, or in violation of any other provision of this Agreement, we may, without limiting our other rights and remedies, refuse to post any such message, take down such message, immediately terminate or revoke your right to further use of our Website without notice, and/or take appropriate legal action.
7. OUR BUSINESS
MUVZ and its business divisions are leaders in traffic and airport safety e-commerce, product sourcing, and manufacturing. This Website and any products or services accessible on or through this Website may not be available in all jurisdictions, and the availability of such products and services may change from to time without notice. Any products or services accessible on or through this Website may be discontinued, suspended, or terminated in any specific area at any time, without prior notice.
8. NO PROFESSIONAL ADVICE, INSTRUCTION, OR EXPERTISE
The information and other Content provided to you on or through our Websites is made available for informational purposes only and is not intended as a substitute for professional or expert help, instruction, or advice on any particular topic. Always seek the advice of a professional or other qualified expert to address any questions you may have. Additionally, nothing made available on or through our Websites is intended as a recommendation or endorsement of any specific tests, products, procedures, third-parties, opinions, or other information that may be mentioned or referenced herein. Any reliance on any information or other content made available to you on or through this Website, or by Website personnel or others at the invitation of the Website and/or by other visitors to the Website is solely at the User's risk.
9. OWNERSHIP RIGHTS IN WEBSITE CONTENT
Our Websites, all of their Content, and any files associated with them, are protected by law, including without limitation United States copyright law and trademark law, international conventions, and other applicable intellectual property law. We reserve all rights in and to these Websites and their Content, and in all related intellectual property not expressly granted under this Agreement.
Our Websites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All text, files, images, photos, maps, and other copyrightable material, compilations, and arrangements contained on our Websites, including without limitation our Websites’ respective domain names and the Websites themselves, ("Content") is protected by copyright and database rights, and is the exclusive property of MUVZ or its licensors (as applicable), with all rights reserved unless otherwise noted.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of MUVZ or other third parties used here under license (“Trademarks”). By way of example and not of limitation, MUVZ, The Traffic Safety Store, The Airport Safety Store, The Parking Block Store, TrafficCones.com; any logo of MUVZ or any of its business divisions; and www.muvz.com, www.trafficsafetystore.com, www.airportsafetystore.com, www.parkingblock.com, and www.trafficcones.com are all trademarks or service marks owned by MUVZ, some of which may have been registered in the United States. All goodwill arising from the usage of this Content shall inure to our (or our licensors’, as applicable) sole benefit.
Nothing in our Websites grants, nor should it be construed as granting, any right(s) or license to use any Content or Trademarks without the written permission of its owner. Except as expressly provided in this Agreement, your use of any of our Websites’ Content without the written permission of the Content owner is strictly prohibited. Additionally, you shall not use MUVZ’s name(s) or logo(s) in any form of publicity or promotional or advertising material, or in any communications with the media without MUVZ’s prior written consent to the specific contemplated use. You are also advised that MUVZ may aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution.
If you submit comments, suggestions, ratings, or other feedback on our Websites regarding these Websites or your experience ("Feedback"), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
10. COPYRIGHT INFRINGEMENT
Just as MUVZ asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its Users to do so as well.
If you are a copyright owner or an agent thereof and believe that any third-party Content on our Websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Website are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MUVZ to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MUVZ’s designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
MUVZ’s Copyright Agent for notice of claims of copyright infringement on our Websites can be reached as follows:
1247 Wright’s Lane, Unit E
West Chester, PA 19380
Attn: Copyright Agent
A copy of your notice and supporting materials should also be submitted electronically to us -- under the subject heading: Attention Copyright Agent -- through the following email address:
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
For clarity, please note that only DMCA notices should go to the Copyright Agent. Any feedback, comments, requests for technical support, and other communications unrelated to copyright issues should be directed to MUVZ’s other personnel, using the information provided under the heading “Contact” or “Contact us” on our Websites.
In the event that you believe MUVZ removed any of your Content in response to a false notice of copyright infringement, you should notify MUVZ promptly in writing pursuant to the DMCA, at the mailing address and email address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, MUVZ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. MUVZ has a policy of terminating the account of, or denying access or use of the Website to, in its sole and absolute discretion, any User who repeatedly infringes the copyrights or other intellectual property rights of others.
11. LINKS TO THIRD-PARTY SITES
MUVZ does not monitor, make any representations with respect to, or assume any liability for, any third-party sites, including, without limitation, (i.) with respect to any content, website policies, terms and conditions, products, or services made available to you on or through such sites, and (ii.) with respect to the security of such sites. Without in any way limiting the foregoing, MUVZ specifically disclaims any responsibility if such sites: (1) infringe any third party's intellectual property rights; (2) are inaccurate, incomplete, or misleading; (3) are not merchantable or fit for a particular purpose; (4) do not provide adequate security; (5) contain viruses or other items of a destructive nature; or (6) are libelous or defamatory.
Additionally, if you establish a link to our Website or to any of the third party sites which may be linked from our Website, you do so at your own risk and without our permission. You accept the risk of any consequences or liability which may arise by your linking to our Website or to any third party sites, as referenced above.
12. CHANGES TO WEBSITE
We may change, remove, suspend or discontinue any aspect of our Website at any time, including the availability of any Website features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Website without notice to you or liability to us.
13. DATA TRANSMITTAL
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to our Websites from such User at locations both within and outside of the United States. By using our Websites, you consent to the transfer of your information to the United States and agree that any transactions you conduct through our Websites will be deemed to have occurred in the United States.
14. IDENTITY VERIFICATION
User verification on the Internet is difficult, and we cannot and do not confirm each User’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Website or the Internet, generally.
15. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of our Websites, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to one or more of our Websites, overloading, "flooding," "spamming," "mailbombing," or otherwise "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security of which we become aware will result in the User being denied access to our Websites and may result in civil or criminal liability. MUVZ may, in its sole discretion, investigate occurrences that involve such violations and will cooperate with law enforcement authorities in prosecuting Website Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of our Websites or any activity being conducted on our Websites. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate our Websites other than the search engine and search agents available from MUVZ on our Websites and other than generally available third party web browsers (e.g., Microsoft Internet Explorer or Edge, Google Chrome, Mozilla Firefox, Safari, etc.). You will be responsible for the security of any password you use on our Websites. MUVZ may, in its sole discretion, monitor the use of any password.
16. LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL MUVZ, OUR BUSINESS DIVISIONS, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS (COLLECTIVELY, THE “MUVZ GROUP”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FEES, FINES, OR PENALTIES; LOSS OF REVENUE, PROFITS, DATA, OR BUSINESS; OR LIABILITIES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY OTHER WAY RELATING TO YOUR USE OF OUR WEBSITES, OR SITES ACCESSED THROUGH OUR WEBSITES, ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH OUR WEBSITES, AND/OR ANY SERVICE YOU ACCESS ON OR THROUGH OUR WEBSITES AND/OR THROUGH ANY TRANSACTION BETWEEN YOU AND A VENDOR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OUR WEBSITES OR ANY SERVICE YOU ACCESS ON OR THROUGH OUR WEBSITES, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE MUVZ GROUP, ANOTHER USER, OR OUR WEBSITES WITH RESPECT TO THIS AGREEMENT OR OUR WEBSITES THEMSELVES, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SITES IS TO DISCONTINUE USING THEM AND ANY SERVICES YOU ACCESSED ON OR THROUGH THEM.
IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE MUVZ GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITES OR ANY SERVICE YOU ACCESSED ON OR THROUGH OUR WEBSITES, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00 U.S. DOLLARS.
THESE WEBSITES AND ANY SERVICES PROVIDED HEREIN, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITES OR THROUGH ANY SERVICE YOU ACCESS ON OR THROUGH OUR WEBSITES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER – EXPRESS; IMPLIED; THROUGH COURSE OF DEALING, USAGE, OR TRADE PRACTICE; OR OTHERWISE – RELATING TO THE USE OF OUR WEBSITES OR SERVICES, MATERIALS, INFORMATION, OTHER CONTENT, AND FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH OUR WEBSITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITES OR THROUGH ANY LINKED SITES.
OUR WEBSITES MAY ALSO FEATURE MATERIALS, INFORMATION, ADVERTISEMENTS, PRODUCTS, AND SERVICES PROVIDED BY THIRD PARTIES. ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ARTICLES, PRESS CLIPPINGS, OPINIONS, ADVICE, ADVERTISEMENTS, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION MADE AVAILABLE BY THIRD PARTIES -- SUCH AS CONTENT PROVIDERS AND OTHER USERS OF THE SITES -- ARE THOSE OF THE RESPECTIVE THIRD PARTY AND NOT OF MUVZ OR ITS AFFILIATES. MUVZ MAKES NO REPRESENTATION WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, THE OPINIONS, QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF SUCH THIRD PARTY MATERIALS, INFORMATION, SERVICES OR PRODUCTS, AND MUVZ SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTY MATERIALS ON OUR WEBSITES.
THIS WEBSITE MAY ALSO PROVIDE LINKS (INCLUDING ANY LINK THROUGH AN ON-LINE BANNER ADVERTISEMENT) TO OTHER SITES ON THE INTERNET FOR YOUR CONVENIENCE. THESE OTHER SITES ARE MAINTAINED BY THIRD PARTIES OVER WHICH MUVZ EXERCISES NO CONTROL. THE APPEARANCE OF ANY SUCH THIRD PARTY LINKS IS NOT INTENDED TO ENDORSE ANY PARTICULAR COMPANY OR PRODUCT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO OUR WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ADDITIONALLY, PLEASE NOTE THAT WE DO NOT PROVIDE MEDICAL, INSURANCE, TAX, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR EXPERT ADVICE. ANY CONTENT WE MAKE AVAILABLE TO YOU ON OR THROUGH THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT, AND IS NOT INTENDED TO, SERVE AS A SUBSTITUTE FOR ADVICE FROM MEDICAL, LEGAL, FINANCIAL, INSURANCE, OR OTHER PROFESSIONALS OR EXPERTS. PRODUCTS, SERVICES, TERMS, AND ANY AVAILABLE DISCOUNTS MAY VARY BY STATE AND EXCLUSIONS MAY APPLY.
FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR IN OUR WEBSITES, OR ANY SERVICES, MATERIALS, OR CONTENT CONTAINED THEREIN OR AVAILABLE THERE-THROUGH, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER ELECTRONIC DEVICES OR PROPERTY AS YOU ACCESS OR BROWSE OUR WEBSITES OR DOWNLOAD MATERIAL FROM THEM. IN ADDITION, MUVZ DOES NOT WARRANT OR REPRESENT THAT THE COLORS OF PRODUCTS DISPLAYED ON YOUR MONITOR ARE AN ACCURATE REPRESENTATION OF THE COLOR OF ANY PRODUCTS SHOWN ON OUR WEBSITES. IT IS POSSIBLE THAT OUR WEBSITES COULD INCLUDE TYPOGRAPHICAL ERRORS, OTHER ERRORS, INACCURACIES, OR VIRUSES, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS, AND ALTERATIONS COULD BE MADE TO OUR WEBSITES BY THIRD PARTIES. IN THE EVENT THAT YOU DISCOVER A PROBLEM WITH OR INACCURACY IN ANY OF OUR WEBSITES, PLEASE INFORM OUR ORGANIZATION SO THAT WE MAY SEEK TO ADDRESS IT.
UNDER NO CIRCUMSTANCES SHALL THE MUVZ GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FEES, FINES OR PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO (I.) YOUR USE OF MUVZ WEBSITES OR SITES ACCESSED THROUGH MUVZ WEBSITES, AND/OR (II.) CONTENT OR INFORMATION PROVIDED ON OR THROUGH MUVZ WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH MUVZ WEBSITES IS TO STOP USING THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. SO, SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND IN SUCH EVENT THE MAXIMUM LIABILITY DUE FROM MUVZ OR OF ANY MEMBER OF THE MUVZ GROUP TO YOU FOR ANY SUCH WARRANTY VIOLATION SHALL BE $100.00 U.S. DOLLARS.
BY YOUR USE OF OUR WEBSITES, YOU ARE AGREEING TO RELEASE AND DISCHARGE THE MUVZ GROUP AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR WEBSITES THE WEBSITE. ADDITIONALLY, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
19. GOVERNING LAW; HANDLING OF DISPUTES
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY(S) GENERAL ACTION LAWSUIT AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST THE MUVZ GROUP MUVZ, ITS BUSINESS DIVISIONS, OR ITS AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT THE MUVZ GROUP INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT, OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUITS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION AS PROVIDED ABOVE.
If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of this Agreement will remain in full force and effect. If MUVZ employs attorneys to enforce any right in connection with a dispute or lawsuit, and prevails in litigation, then it shall be entitled to recover reasonable attorneys’ fees, costs, and disbursements from you.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE MUVZ GROUP (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF MUVZ WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER OR A SERVICE PROVIDER’S AGENT REGARDING PRODUCTS AND SERVICES), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT, OR ANY BREACH BY YOU OF THIS AGREEMENT, OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. MUVZ RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
21. NO AGENCY
The relationship between MUVZ and each User of its Websites is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by this Agreement or your use of our Websites.
Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
1247 Wright’s Lane, Unit E
West Chester, PA 19380
A copy of your notice and supporting materials should also be submitted electronically to us -- under the subject heading: Attention Management -- through the following email address:
or, when we need to send you notice, to any email address you may provide to or through our Websites or agents during your registration process, when submitting an inquiry, or when otherwise interacting with our Websites or our personnel (as applicable). Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address you provide to us through any means.
Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
24. YOUR RECORD OF THIS AGREEMENT
We do not separately file the Agreement entered into by each User of this Website. Please make a copy of this Agreement for your records by printing and/or saving a downloaded copy of the Agreement on your personal computer.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under this Agreement; MUVZ may assign or delegate this Agreement in whole or in part.
26. QUESTIONS REGARDING THESE TERMS