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Terms and Conditions of Use of the Metro Digital Group Website ("MDG Website")

THIS SET OF TERMS AND CONDITIONS ("MDG Website Terms Of Use," or "Terms Of Use") APPLIES TO YOUR USE OF THE MDG WEBSITE. YOUR USE OF THE MDG WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR AUTHORIZATION TO CONTRACTUALLY BIND THE PERSON OR ENTITY ON WHOSE BEHALF YOU HAVE DONE SO, IF ANY. REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON OR ENTITY IN WHOSE BEHALF YOU ACT, IF ANY.


GRANT, RESTRICTIONS, AND OWNERSHIP.

Metro Digital Group, Inc. and its suppliers, as applicable ("MDG"), hereby grant You the right to use the content comprising the MDG Website (the "Content"). You may print the Content on The MDG Website intact from within your browser for personal and fair use purposes only. The Content has been compiled by MDG from a variety of sources, and is subject to change without notice. You may not attempt to "pass-off" any of the Content as your own work.

You acknowledge that certain areas of the MDG Website may apply other rights and/or restrictions to their use in their own manner ("Separate Licenses"). Any language within these Terms Of Use is subject to language in the Separate Licenses to the contrary, as to their subject matter.

Your use of the Content is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the Content. Any unauthorized use of any of the Content may violate copyright laws of the United States and, internationally, the copyright law of each jurisdiction reflecting pertinent treaties and conventions.

In many instances, the Content is subject to international patent, trademark, and trade secret laws (collectively, the "Applicable Laws"), including without limitation as indicated selectively within the Content. MDG and/or its suppliers own the Content, which is generally protected by several of the Applicable Laws.

You may use, print and/or download from the MDG Website the Content displayed on the MDG Website for your personal, noncommercial purposes only. If you breach any of these Terms Of Use, your authorization to use the MDG Website will automatically terminate and you must immediately destroy or delete any downloaded or printed material.

You agree that the Content is the proprietary information of MDG and/or its suppliers, and that you will conform your access, copying, and use of particular Content to the applicable MDG Website purposes indicated in association with the particular Content.


IMAGES IN MDG WEBSITE

Subject to other provisions hereof to the contrary, You may not use, reproduce or distribute any image in the MGD Website without securing the advance written consent of MDG and/or its suppliers.

To request permission, send an email, including your name, address and a description of the purpose of your intended use and/or distribution and the image you would like to distribute.


COMMUNICATIONS FROM YOU TO THE MDG WEBSITE

Except for orders for products provided through the MDG Website and as specified in our Privacy Statement, all communications from You to the MDG Website will be considered non-proprietary and non-confidential, and MDG will have no obligations of any kind to You respecting such communications and will be free to use them on an unrestricted basis. Specifically, but without limitation, You authorize MDG to (i) reproduce, use, disclose and distribute such communications to others, and (ii) use any ideas, know-how, designs, concepts, techniques or the like contained in such communications for any purpose whatsoever.

You are solely responsible for these communications and their legality under all applicable laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the MDG Website. You are responsible for the security of any account names, identification numbers or passwords associated with your access to and use of the MDG Website. MDG is not liable for any unauthorized use of any accounts you establish through the MDG Website by You, your employees, agents or anyone else.


AVAILABILITY OF MDG WEBSITE

You acknowledge that temporary interruptions in the availability of the MDG Website may occur from time to time as normal events. Under no circumstances will MDG or its suppliers be held liable for any damages due to such interruptions. The MDG Website and the Content may include technical inaccuracies or typographical errors.

The MDG Website is made available internationally and may contain references to products, programs and services of MDG and/or its suppliers that are not available in your location. Such references do not imply that MDG or its suppliers intend to make available such products, programs or services in your location.


MONITORING

It is neither the policy nor a practice of MDG to review communications with the MDG Website to determine that such communications comply with these terms and conditions and applicable laws and/or regulations; however, MDG reserves the right to review such communications but has no such obligation.

MDG shall have no responsibility or liability for the content of any communications posted to the MDG Website, nor for any errors or violations of any applicable laws or regulations. MDG will comply with court orders in any jurisdiction directing MDG to disclose the identity of anyone posting communications to the MDG Website.


LINKS WITH OTHER SITES

MDG is not responsible for the content of any other web site linked to or from the MDG Website. If you link to another site, you leave the MDG Website. If you decide to link to another site, you do so entirely at your own risk. MDG may provide links from the MDG Website to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site.

ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.


DISCLAIMER

THE CONTENT PROVIDED AT THIS MDG WEBSITE IS PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. MDG does not warrant the accuracy and completeness of the Content on the MDG Website. MDG takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of the MDG Website.

The Content at the MDG Website may be out of date, and MDG makes no commitment to update the Content at the MDG Website. Information published at the MDG Website may refer to products, programs or services that are not or are no longer available in your geographic location. If software available through the MDG Website is made applicable to its own license terms and conditions, such terms and conditions supersede any terms and conditions of these Terms of Use. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the MDG Website will supersede the provisions of this paragraph.


LIMITATION OF LIABILITIES

IN NO EVENT WILL MDG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING IN RELATION TO THESE TERMS OF USE AND/OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE MDG WEBSITE, THIS WEBSITE, ANY WEB SITES LINKED TO THIS MDG WEBSITE, OR THE CONTENT CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MDG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF ANY OF THE FOREGOING RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF HARDWARE, SOFTWARE AND/OR DATA, YOU ASSUME ALL COSTS RELATED DIRECTLY AND/OR INDIRECTLY THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the MDG Website will supersede the provisions of this paragraph.


INDEMNIFICATION

Upon the request of MDG, you agree to defend, indemnify and hold harmless MDG and its suppliers, affiliates, representatives, officers, directors, employees and attorneys from and against all liabilities, claims, costs and expenses, including attorney fees, that arise in relation to your accessing or use of the MDG Website and/or these Terms Of Use or your uploading, downloading or transmission of any communications or Content on the MDG Website.

However, in accordance with the paragraph of these Terms Of Use entitled SOFTWARE, specific terms and conditions applicable to Software downloadable or otherwise available through the MDG Website will supersede the provisions of this paragraph.


TRADEMARKS

The trademarks, service marks and logos (trademarks) of MDG and/or others used on the MDG Website are the property of Metro Digital Group, Inc., its suppliers, or their respective owners. You may not use, and nothing contained on the MDG Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the MDG Website without the written permission of Metro Digital Group, Inc. or the respective owner, which written permission may be expressed within the MDG Website.

AGREEMENT IN ENGLISH

You and we agree that these Terms Of Use and all related documents be written and interpreted in the English language. Les parties ont exigé que les présent contract et tous les documents connexes soient rédéges en anglais.


GOVERNANCE

This MDG Website is operated and controlled from MDG's offices in California, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. The laws of California (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the MDG Website and your connection to and use of the MDG Website. Both MDG and You submit to exclusive jurisdiction in California and further agree that any cause of action arising out of or in connection with these Terms Of Use shall be brought only in the federal or state courts in Los Angeles County, California.

MDG makes no representation or warranty that any communications or Content on the MDG Website are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our MDG Website from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms Of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms Of Use will remain in full force and effect.


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