General Terms and Conditions of Use

Please read the following information carefully before using this Site. This website is owned and operated by MTS Group, LLC and is available to you for informational purposes only. This website is offered to you, the User, conditioned upon acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. If you disagree with any part of these Terms and Conditions of Use, do not use our Website. We reserve the right to modify these terms at any time. You should check periodically for changes. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of MTS Group. The terms and conditions applicable to any MTS Group product or service are contained in the specific agreement(s) relating to such product or service.

Use of our Services

MTS Group may collect certain personal information about you when you register with MTS Group Services and/or contact MTS Group through this website. You agree to provide accurate, complete and current information to the best of your knowledge, and you agree to update this information as necessary to keep it accurate, complete and current. The use of this information by MTS Group is governed by the Privacy Statement. MTS Group reserves the right, in its sole discretion, to terminate, suspend or modify your access and/or registration with all or part of the MTS Group Services, without notice, at any time and/or for any reason.

No Unlawful or Prohibited Use

You agree that you will not use or attempt to use the MTS Group Services for any purpose that is not permitted by law or prohibited by these terms, conditions, and notices. You agree that you will only use for the purposes intended and will not obtain or attempt to obtain any information that was not intended to be provided through MTS Group Services. Also you agree that you will not use or attempt to use the MTS Group Services in any manner that could damage, disable, overburden, or impair the MTS Group or interfere with any other party’s use and enjoyment of the MTS Group Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MTS Group.

Links to Third Party Websites

The website contains links to other websites not controlled by MTS Group. MTS Group is not responsible for the content or privacy policies of any Third Party Websites, including without limitation any link contained in a Third Party Website, or any changes or updates to a Third Party Website. MTS Group is not responsible for webcasting or any other form of transmission received from any Third Party Website. MTS Group is providing these links to you only as a convenience, and the inclusion of any link does not imply that MTS Group endorses the Third Party Website, its opinions, materials and or operators.

Disclaimer of Warranties and Liability

THIS WEBSITE AND ALL CONTENT PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH MTS GROUP WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE ABOVE, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE, ITS THIRD PARTY SERVERS OR COMPUTERS; OR MESSAGES SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS OR THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION TO THE ABOVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME THE FULL AND SOLE RISK OF USING AND/OR RELYING ON THE WEBSITE, AND THE CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE.

MTS GROUP MANAGEMENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, INABILTY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, EVEN IF MTS GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH ANY CLAIM FOR DAMAGES MAY BE MADE.

CERTAIN STATE LAWS DO NOT PERMIT THE DISCLAIMER OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THAT YOU ARE SUBJECT TO THOSE LAWS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY. DESPITE THE FOREGOING, OUR TOTAL COLLECTIVE LIABILITY FOR ANY REASON WHATSOEVER RELATED TO THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE CAUSE OF ACTION AND/OR DISPUTE.

You agree to defend, indemnify and hold harmless MTS Group and its respective officers, directors, employees, representatives, agents, third party suppliers, licensors and partners, and their respective successors and assigns, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, court costs, and litigation expenses, including those incurred with respect to enforcement of this indemnity provision, resulting from or arising out of the use, misuse, or inability to use this Website or its Content, or any violation of this agreement by you or any other person accessing the Website using your Username and Password.

Jurisdictional Issues

The laws of the Commonwealth of Pennsylvania govern these Terms of Use. By using MTS Group Services, you hereby consent to the exclusive jurisdiction and venue of the courts in Allegheny County, Pennsylvania, USA. If any term or provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the reminder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be deemed severable and shall be enforced otherwise to the full extent permitted by applicable law. No Party shall be deemed by virtue of these Terms of Use to be a joint venture, partner, employee, agent or local representative of the other. Neither these Terms of Use nor the rights and obligations under it shall be assigned or transferred by you. The headings contained herein are for convenience only and are not intended to define or limit the contents of these Terms of Use.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.