Last Modified March 23, 2022
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- User Feedback. You may be requested or permitted to provide recommendations, reviews or other similar feedback on the Website, MMIT and/or products or services provided by MMIT (collectively, “User Feedback”). You represent and warrant to MMIT that any User Feedback you submit to MMIT will be accurate, will comply with all applicable laws and regulations and will not violate any intellectual property or other rights of any third parties. By providing any User Feedback to MMIT, you thereby grant to MMIT and the other members of the MMIT Group (as defined in Section 9(b)) an irrevocable, perpetual, worldwide, royalty-free, transferable and sublicensable license to incorporate such User Feedback into the Website and/or any products or services provided by MMIT and/or to reproduce, display, publicize and otherwise use such User Feedback for any purpose deemed reasonable by MMIT. In the event any User Feedback you submit is in the form of a review or endorsement of MMIT, the Website and/or any products or services provided by MMIT, such license shall include the right to publish such User Feedback on the Website and/or in any promotional materials of MMIT and the other members of the MMIT Group and to use your name in connection therewith. You hereby agree that, by submitting any User Feedback, you irrevocably and fully waive any and all moral rights, privacy rights, rights of publicity and any other similar rights you may have in and to such User Feedback.
- Reservation of Rights by MMIT. MMIT reserves the right at any time, in its sole discretion, to change, suspend, remove or disable access to, or to impose limits on the use of or access to, the Website or any feature or part thereof, with or without notice to you, all without any liability to you. MMIT is not responsible for typographical errors on the Website.
- DISCLAIMERS; NO LIABILITY FOR CERTAIN DAMAGES. CERTAIN JURISDICTIONS MAY PROHIBIT OR LIMIT THE APPLICATION OF CERTAIN OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9, WITH THE RESULT THAT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY IN THEIR ENTIRETY TO ALL WEBSITE USERS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY:
(A) MMIT PROVIDES THE WEBSITE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MMIT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE USE THEREOF OR THE INFORMATION CONTAINED THEREIN (I) WILL BE UNINTERRUPTED OR SECURE; (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (III) WILL MEET YOUR REQUIREMENTS; OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE USED BY YOU.
(B) MMIT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND, ON BEHALF OF ITSELF AND ITS AFFILIATES AND THEIR RESPECTIVE EQUITY OWNERS OR HOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “MMIT GROUP”), HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE.
(C) NEITHER MMIT NOR ANY OTHER MEMBER OF THE MMIT GROUP SHALL BE LIABLE FOR ANY CLAIMS, DAMAGES OR LOSSES ARISING FROM ANY USE (INCLUDING USE OF THE RESULTS THEREOF), MISUSE OR RELIANCE ON THE WEBSITE, OR FROM ANY INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE DUE TO ANY SYSTEM OR SOFTWARE FAILURE, NETWORK ATTACK, OTHER TECHNICAL ISSUES OR SCHEDULED OR UNSCHEDULED MAINTENANCE.
(D) MMIT, ON BEHALF OF ITSELF AND THE OTHER MEMBERS OF THE MMIT GROUP, HEREBY DISCLAIMS ALL RESPONSIBILITY FOR ALL USER FEEDBACK THAT MAY BE INCLUDED ON THE WEBSITE OR IN ANY PROMOTIONAL MATERIALS OF MMIT OR ANY OTHER MEMBER OF THE MMIT GROUP AND FOR ALL OTHER THIRD-PARTY CONTENT THAT MAY BE INCLUDED ON THE WEBSITE OR IN ANY SUCH PROMOTIONAL MATERIALS.
(F) IN NO EVENT, AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), SHALL MMIT OR ANY OTHER MEMBER OF THE MMIT GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUES, GOODWILL, REPUTATION, BUSINESS OR OPPORTUNITIES AND/OR DELAY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF MMIT OR ANY OTHER MEMBER OF THE MMIT GROUP WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- No Waiver. No delay or failure on the part of MMIT in exercising any legal right or remedy it may have against you shall be deemed to constitute a waiver of such right or remedy. In addition, no partial exercise by MMIT of any legal right or remedy it may have against you shall preclude the further exercise by MMIT of such right or remedy or its exercise of any other right or remedy it may have against you.
- Prevailing Party. In the event of any Dispute, the prevailing party (as that term is commonly defined by the prevailing common and/or statutory law in the applicable jurisdiction) shall be entitled to recover its costs of suit, which costs shall include, without limitation, all reasonable attorneys’ fees and expenses incurred by the prevailing party in connection with such Dispute.
- No Relationship with MMIT. Your use of the Website does not establish any relationship between MMIT and you, including, without limitation, that of agent and principal, employer and employee, franchisor and franchisee, joint venturers or partners.