TERMS AND CONDITIONS AGREEMENT
1. Terms and Conditions Agreement
MJ Holding Company, LLC, dba MJ Holding (hereinafter referred to at times as “MJ Holding”, “Company” “we” or “us”) welcomes you to www.mjholding.com, (herein referred to at times as the “Site”). Below are the terms and conditions for use of this Site (hereinafter referred to as “Terms and Conditions Agreement”). By using or accessing this Site, you hereby agree to be bound by this Terms and Conditions Agreement. If you do not agree with this Terms and Conditions Agreement, discontinue or do not use this Site. The terms and conditions contained herein are subject to change and can be modified at any time without notice to you. Be sure to review this Terms and Conditions Agreement periodically for updates, as your continued use of the Site signifies your acceptance of any changed terms and conditions set forth in this Terms and Conditions Agreement.
Note that the headings contained in this Terms and Conditions Agreement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions Agreement.
2. Intellectual Property
The name MJ Holding, and other marks and logos on the Site, are the intellectual property of MJ Holding, except as otherwise specifically set forth herein.
Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by MJ Holding or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of MJ Holding or any third party. This Site is provided free of charge and is for informational purposes only and does not create a business or professional services relationship between you and MJ Holding.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by MJ Holding.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our intellectual property or the Site itself.
3. Proper Use of Our Site
This Site is made available to provide information about MJ Holding in both the United States and Canada.
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement, or cause damage on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.
You agree to defend, indemnify, and hold MJ Holding, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law.
4. Disclaimer of Warranty and Limitation of Liability
MJ Holding does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MJ HOLDING, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL MJ HOLDING, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF MJ HOLDING OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
MJ HOLDING, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. MJ HOLDING UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may 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 or exclusions may not apply to you. However, in no event shall the aggregate liability of MJ Holding or any affiliate, licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred.
5. Links to Other Websites
Our Site may provide links to websites not operated by MJ Holding. Access to any other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, MJ Holding’ association, sponsorship, affiliation or endorsement of material on any other website, and MJ Holding assumes no responsibility for third-party websites, including but not limited to any content contained on such websites. For example, MJ Holding does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites, even if someone from MJ Holding is quoted, leaves a comment, or our marketing or other materials make reference to that party’s website.
Although MJ Holding may open a new browser window when you click on a link to a third party’s website, MJ Holding does not guarantee that you will receive this alert when you leave the Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and MJ Holding, you may link your website to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to MJ Holding’ Site must be a text only link and clearly marked “MJ Holding Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MJ Holding’ names and trademarks, (iii) the link must “point” to the URL www.mjholding.com and not to other pages, if any, within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MJ Holding, (v) when selected by a user, the link must display the MJ Holding Site on full-screen and not within a “frame” on the linking site, and (vi) MJ Holding reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
7. Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to this Site will be deemed to transfer to MJ Holding all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and MJ Holding has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called “moral rights”. You agree that MJ Holding has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that MJ Holding does not retain exclusive ownership of any such submissions, then MJ Holding retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
MJ Holding is not responsible for any submission on its social media pages (if any are maintained by MJ Holding), including but not limited to Facebook and Twitter, which feed into the Site. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively “Non-Approved Material”).
8. Additional Terms
MJ Holding may terminate your access to this Site immediately without notice if, in MJ Holding’ sole discretion, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to MJ Holding, at any time by discontinuing your use of the Site, and your use of any information you have obtained from the Site. The paragraphs entitled “Intellectual Property,” “Disclaimer of Warranty and Limitation of Liability,” “Feedback and Submissions,” “Additional Terms,” and “Governing Law and Jurisdiction” shall survive termination of this Terms and Conditions Agreement for any reason.
MJ Holding reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions Agreement, including suspending or blocking your access to the Site.
Certain areas within this Site, may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms and Conditions Agreement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement control.
MJ Holding does not collect or use personally identifiable information on the Site, except in responding to visitors who voluntarily provide such information. MJ Holding does not sell or distribute personally identifiable information collected on this Site to third parties. MJ Holding may use non-personal information supplied by you or your browser to monitor the popularity and usefulness of this Site’s links, features, and content.
Non-personal information may be automatically collected by the webmaster through the use of “cookies,” which are small text files used to recognize repeat visitors and facilitate access to this Site. MJ Holding does not use such non-personal information for commercial marketing.
10. No Waiver
No delay or failure by MJ Holding to enforce any of these Terms and Conditions Agreement shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by MJ Holding nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of MJ Holding shall have any legal effect.
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
12. Governing Law and Jurisdiction
This Site is operated by MJ Holding, an entity formed under the laws of the State of Illinois. MJ Holding makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between MJ Holding and you with respect to the subject matter herein.
This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement, Additional Terms, and/or to this Site shall be governed by the laws of the State of Illinois without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Cook County, Illinois for any legal proceeding arising from this Terms and Conditions Agreement, Additional Terms, or the Site, regardless of the cause of action or which party has initiated the legal proceeding.
This Terms and Conditions Agreement is MJ Holding’ official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.
© 2013 MJ Holding, LLC. All Rights Reserved.