Legal Terms & Conditions Of Use
DEFINITIONS & INTERPRETATION
"Site" means the mbDash.com web site pages and information contained thereon, accessible on the World Wide Web at https://mbDash.com
The mbDash.com "Network" means the web site; its pages and general information.
The mbDash.com"System" means the secure digital User interface and electronic Services provided by mbDash.com that enables the registered User to access his personal account/s and the secure Message Center to place orders.
"mbDash.com" means the registered legal corporate entity of the Republic of Seychelles.
"Primary User" means any person, company, individual, corporation, trust or other entity creating, opening and/or operating an account at mbDash.com.
"You" and "Your" means the User, Visitor or Primary User of an account.
"Client ID" means the unique electronic client identifier assigned to User in order to utilize the mbDash.com System.
"User Codes" means all user names, passwords and any Client ID collectively.
1. INTRODUCTIONThe entity responsible for development, procurement, issuance and administration of the mbDash.com network is mbDash.com, a registered legal corporate entity of the Republic of Seychelles.
2. INTELLECTUAL PROPERTY RIGHTS
a. COPYRIGHT OWNERSHIP & RESTRICTIONS. All materials contained in this site are the protected copyrighted property of mbDash.com and all titles, characters, names and graphics are the property of mbDash.com The Services, the software and any Information provided on and through this Site are being provided by mbDash.com® Company only for your personal, noncommercial use and display. You may download the Information and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein. Otherwise, no part of the web site may be reproduced, copied, published, uploaded, modified, distributed, stored, posted, transmitted, redistributed or exploited for any purpose in any form without the express advance written consent of mbDash.com.
b. We will enforce our copyrights to the fullest extent permissible under the laws of the United States and any treaties that may apply. Any unauthorized use is strictly prohibited by this User's Agreement and may also constitute a violation of federal and state law. Unauthorized modification of any information on the web site may result in criminal prosecution.
c. INTELLECTUAL PROPERTY OWNERSHIP. If you believe your intellectual property has been improperly posted or distributed via the Site, please notify mbDash.com immediately. Please go to our CONTACT US page for further instructions on how to reach us.
3. YOUR SUBMISSIONS TO THIS SITE
a. All Submissions are Nonproprietary. If you send any materials or information (such as feedback, questions, suggestions, ideas), it will be deemed non-confidential. mbDash.com has no obligation of any kind with these submissions. In addition, mbDash.com is free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, mbDash.com shall be free to use any ideas, concepts, know-how or techniques contained in the information or materials for any purpose whatsoever.
b. Consideration for Use. In consideration of mbDash.com continuing efforts to enhance and improve its products, services, and web site, you agree to transfer such ideas, concepts, know-how and techniques to mbDash.com without additional compensation.
c. Responsibility for Submission Content. You are solely responsible for the content of any material you provide. You agree that any material submitted to this Site will not violate any third party rights (including copyright, trademark privacy or other personal or proprietary rights); and it will not be, or contain, libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of trade secrets of any third party; and will not disparage the products or services of any third party.
d. Indemnification. You agree to indemnify mbDash.com from any damages, losses, costs or expenses, including attorney's fees, which mbDash.com, its officers, directors, shareholders, employees and its affiliates, their respective employees, and authorized representatives may incur as a result of any material or information you provide.
5. THIRD PARTY LINKS
mbDash.com provides links to other web sites that may be of interest to Users of our site solely for the convenience of our Users. mbDash.com is not responsible for the privacy practices, or the content, of any such web sites. The sponsors of these linked sites are responsible for the accuracy and editorial content of their sites. mbDash.com does not endorse, recommend or otherwise assume responsibility for any such sites. Unless expressly stated in the Agreement, linked sites are not part of this web site or otherwise affiliated with mbDash.com
6. USER CONDUCT
While using this Web site, you shall not:
a. restrict or inhibit any other user from using and enjoying the Service.
b. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export control laws and regulations.
c. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by mbDash.com) or engage in spamming or flooding.
d. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
e. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
f. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
g. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under US copyright laws.
7. CONFIDENTIALITY OF PERSONAL INFORMATION
You acknowledge and agree that mbDash.com has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to operate the Service properly; or to protect itself or its subscribers. However, mbDash.com has no obligation to monitor the Site. mbDash.com will not intentionally monitor or disclose any private electronic-mail message unless required by law. mbDash.com reserves the right to refuse to post and/or to remove any information or material, in whole or in part, that, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of this entire Agreement.
Any and all disputes between you and other Users of the mbDash.com network will not be the responsibility of mbDash.com
9. OUTAGES & FORCE MAJEUR
You agree to indemnify and hold harmless mbDash.com from any delays, losses or damages resulting from situation beyond its control, including but not limited to acts of war; acts of God and nature; riot; social or economic upheaval; acts of terrorism; civil disorder; or any breakdown in normal communications or utilities infrastructure services.
10. WHEN THIS AGREEMENT CAN BE ASSIGNED
This Agreement and your rights and obligations hereunder may not be assigned by you without the prior written permission of mbDash.com All rights and interest of the mbDash.com in the Agreement shall inure to the benefit of mbDash.com's successors and all of your rights and obligations assigns whether by merger, consolidation or otherwise; and shall be binding upon your executors, administrators, heirs, successors and permitted assigns. mbDash.com may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with mbDash.com or to any successor company (whether by merger, consolidation or otherwise), or to any other person or entity at any time without your consent.
11. AMENDMENT, MODIFICATION & WAIVER
This Agreement is subject to update and amendment (with or without prior notice) as needed or as required by mbDash.com Any amendment or update to this agreement supersedes and nullifies the previous agreement in effect. You agree that if you use the Services or the System after such notification of changes in this Agreement, you will be bound by all such changes. At the time of such modification, you will have the opportunity to reject such modification by e-mail or written notice to mbDash.com, and/or closure of your account, which rejection shall constitute a termination of your rights to access and use the Site, the Services, the System and the Information.
Except as herein provided, no waiver, modification or amendment of any provision of this Agreement will be effective against mbDash.com unless the same is in writing and signed by an authorized official of mbDash.com mbDash.com may modify these terms and conditions at any time upon written notice through the Site's e-mail, web pages.
mbDash.com failure to enforce or insist at any time upon strict compliance with any terms of this Agreement; or any delay or failure on the part of mbDash.com to exercise any power or right given to it in this Agreement; or a continued course of such conduct on our part; shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to mbDash.com in this Agreement are cumulative and not exclusive of any other rights or remedies which mbDash.com otherwise has at law or equity.
12. AGREEMENT TO ARBITRATE
You agree that all claims or controversies, whether such claims or controversies arose prior to, on or subsequent to the date hereof, between you and mbDash.com and/or any of its present or former officers, directors, shareholders or employees, or any of its affiliates concerning or arising from the Site, the Information, the Services, or your use of the System; or the construction, performance or breach of this or any other agreement between the parties, and any duty arising from the business of mbDash.com or otherwise, shall be determined by arbitration. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to jury trial. Prearbitration discovery is generally more limited than and different from court proceedings. The panel of arbitrators will typically include a minority of arbitrators who were or are familiar with and affiliated with the precious metals industry.
13. RIGHT OF ASSOCIATION
mbDash.com reserve the right to refuse any service to any particular individual or entity, at their sole discretion with or without shown cause.
14. LAWS GOVERNING THIS AGREEMENT
This Agreement and all the terms herein and the relationship between you and mbDash.com shall be governed by and construed in accordance with Seychelles Corporate Law and International and Federal Law and Statutes without giving effect to its conflict of law provisions.
Should any term or provision of this Agreement be held to be invalid or unenforceable by any court of competent jurisdiction or by a governmental agency or self-regulatory authority, or subsequently become invalid and unenforceable as a result of a change in applicable law, the remaining terms and provisions shall continue in full force and effect.
You hereby agree to indemnify and hold harmless mbDash.com (and its directors, officers, employees, control persons, vendors, licensors and agents); and any Internet Service Provider and Information Provider; from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement, or the use of the Site, the Services, the System and the Information by you and by other persons to whom you have provided your User Codes pursuant to the provisions set forth in this Agreement. This indemnification shall be binding upon you and your executors, successors, administrators, heirs and permitted assigns.
17. DISCLAIMER OF WARRANTY
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT OF THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, mbDash.com DISCLAIM ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, mbDash.com DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.
18. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL mbDash.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, GOODWILL, DATA, USE OR OTHER INTANGIBLE LOSSES (EVEN IF mbDash.com HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE OUT OF OR IN CONNECTION WITH ANY ERRORS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR SITE; DATA INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE; THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN; AND ANY OTHER MATTER RELATING TO THE SERVICE.