The Site is intended solely for users 13 years of age and older, and you must be at least 13 years old to use the Site. By accessing and using the Site, you represent and warrant that you are at least 13 years old.
Account, Username and Password
Links to and from other Web Sites
The Site may provide links to other Web sites or resources. Because we have no control over such third-party Web sites and resources, you acknowledge and agree that MLK CMG is not responsible for the availability of such Web sites or resources, and MLK CMG does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. You further acknowledge and agree that MLK CMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any such Web site or resource.
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos and the like (“Content”), as well as certain other of the names, logos and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to MLK CMG and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
Use of the Site and Content
Prohibited activities include, without limitation, the following:
- violating any local, state, national or international law or regulation;
- violating the contractual, personal, proprietary or other rights of any person or entity;
- interfering with or disrupting the Site or servers or networks connected to the Site, or attempting to interfere with any security feature of the Site; and
- launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
Disclaimer; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND INFORMATION MADE AVAILABLE, DESCRIBED OR ACCESSED THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MLK CMG AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND ASSIGNS, AND THE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS AND AGENTS OF EACH OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE SITE. MLK CMG MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT OR INFORMATION OBTAINED FROM THE USE OF THE SITE; (B) PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY; AND (F) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
MLK CMG DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR ANY LINKED THIRD PARTY WEB SITE. YOU UNDERSTAND AND AGREE THAT RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE IS AT YOUR SOLE RISK AND MLK CMG SHALL NOT BE LIABLE FOR YOUR RELIANCE UPON SUCH INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MLK CMG OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR RELATING TO ANY USE OF THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Released Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Released Parties’ liability shall be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will MLK CMG be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light or air conditioning.
Modifications to the Site
MLK CMG reserves the right to modify or discontinue the Site with or without notice to you. MLK CMG shall not be liable to you or any third-party should MLK CMG exercise its right to modify or discontinue the Site.
In addition, you and MLK CMG retain the right to apply to any court of competent jurisdiction for provisional relief, including preliminary injunctions, and any such request shall not be deemed incompatible with this Section, nor a waiver of the right to have disputes submitted to arbitration as provided in this Section.
You may not act as a class representative or private attorney general, nor may you participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MLK CMG’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MLK WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.