Terms and Conditions

TERMS AND CONDITIONS

For Use of the www.mitnational.com Website

 

This Site is operated by MIT National Land Services LLC (“Company”). “Website” means the website located at www.mitnational.com and any subsequent URL which may replace it, and all associated websites, URLs and micro sites. “You/your” means you as a user of the Website. “User” means all users of this Website. Company offers this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. If at any time You do not agree to these Terms and Conditions, please do not use this Website.

 

By accessing this Website, you agree to be bound by the Terms and Conditions set forth herein. If there is anything you do not understand, please email any inquiry to Help@mitnational.com. If at any time you do not agree to these Terms and Conditions, please do not use this Website.

 

Company reserves the right to change or update these Terms and Conditions by posting such changes or updates to the Website. Amendments to this Agreement will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all Terms and Conditions, agreements and policies of the Website and are in compliance with them. You can determine if these Terms and Conditions have changed by checking the last modified date that appears at the end of these Terms and Conditions. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

 

  1.        Your Use of the Website

 

1.1       You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

 

1.2       You agree not to attempt any unauthorized access to any part or component of the Website. You agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to Company.

 

  1.        Intellectual Property Ownership and Use

 

2.1       You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in all material or content contained within and supplied by Company as part of the Website shall remain at all times vested in Company or in the owner of the same, as the case may be. You are permitted to use and access this material and content only as expressly authorized by Company. Nothing herein shall be construed as giving you or any other person or entity any ownership rights in or to the intellectual property rights; all such rights being owned exclusively by Company or others who have granted Company permission to use such intellectual property.

 

2.2       Company grants you a limited, revocable, non-exclusive license to access and make personal use of the Website as Company’s customer. However, You shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo, video, materials or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name, Company’s name, or any of Company’s trademarks; d) engage in any activity that interferes with the Website or another User’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

2.3       All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, videos, articles, posts, written materials and data compilations appearing on the Website, are owned by Company or Company’s advertisers, partners and others, and are protected by various copyright and other intellectual property laws in the United States and throughout the world. No portion of the materials or content on these pages may be reprinted or republished in any form without the prior express written permission of Company or of the content owner, as the case may be.

 

  1.        Infringement Notice

 

3.1       Company respects the intellectual property rights of others. If you believe your work has been copied in a manner that constitutes copyright infringement or your rights are otherwise infringed or violated by anything on the Website, please notify Company by sending an email to the following address: Reachout@mitnational.com.

 

3.2       In order for Company to more effectively assist you, the notification must include ALL of the following:

 

a.         A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

 

b.         A description of the copyrighted work or other right you claim has been infringed or violated;

 

c.         Information reasonably sufficient to locate the material in question on the Website;

 

d.         Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Company to contact you;

 

e.         A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

 

f.          A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

 

  1.        Errors and Inaccuracies

 

Company strives to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

 

  1.        Changes to Website

 

5.1       Other than as may be required by law, Company reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that Company shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

5.2       The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

 

  1.        External Sites and Resources

 

Company may provide links to other websites that Company believes may be of interest to you, or you may link to the Website from the websites of others. Company is not responsible for the availability of any websites owned or controlled by third-parties, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

 

  1.        Orders

 

Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Company’s sole discretion, even after your receipt of an order confirmation.

 

  1.        Online Services

 

8.1       Company reserves the right to issue warnings, suspend or terminate the registration of Users who refuse to comply with these Terms and Conditions. Company may modify these Terms and Conditions from time to time, and such modifications will be effective and binding on you when posted online.

 

8.2       If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

 

  1.        Disclaimers – No Legal Advice

 

9.1       COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY COMPANY, ON COMPANY’S BEHALF, OR BY OTHERS, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

 

9.2       UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY COMPANY, ON COMPANY’S BEHALF, OR BY OTHERS, ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO THE WEBSITE.

 

9.3       AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT COMPANY CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

 

  1.     Limitations on Liability

 

COMPANY WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE, WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF COMPANY AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

 

  1.     Indemnification

 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY COMPANY AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY COMPANY AND ARISING OUT OF ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS AND CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

 

  1.     Investigations of Violations of These Terms

 

Company may investigate any reported violation of its Terms and Conditions and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

 

  1.     Notice for California Users

 

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

  1.     Miscellaneous

 

14.1     If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

 

14.2     These Terms and Conditions, Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and Company relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Company in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of New York, and the courts located in the City, State and County of New York will have exclusive jurisdiction in any dispute, except that Company has the right, at its sole discretion, to commence and pursue proceedings in alternative jurisdictions.

 

  1.     Contact Information

 

You may send us notices or communicate with us by email to Help@mitnational.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

 

 

DATE LAST MODIFIED August 4, 2014

 

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MiT National Land Services, LLC
One Penn Plaza
34th Floor
New York, New York 10119
212.239.1000

©2016 MiT National Land Services