Terms and Conditions
Updated May, 13, 2024
Thank you for visiting mrginc.com (referred to as the "Site"). Each Site is owned and operated by Media Resource Group LLC ("Company," "we," "our," or "us"). Throughout this Site Terms and Conditions, references to “we,” “us,” “Media Resource Group,” and “our” pertain to Media Resource Group LLC and its affiliates. The term “visitor” is used to describe anyone who accesses any part of the Site at any time. The following Terms and Conditions for the Site (referred to as the “Terms and Conditions") include the Site Privacy Policy (referred to as the “Privacy Policy") along with any other relevant operating rules, policies, price schedules, and additional terms and conditions or documents that may be periodically published, all of which are expressly incorporated herein by reference (collectively referred to as the “Agreement"). By accessing or using the Site, viewing any Third-Party Links related to services, browsing blogs, videos, or other Site Content regarding Home Service products and services available on the Site (referred to as the “Site Content"), engaging with interactive features like comments sections (referred to as “Interactive Services"), or utilizing contact forms to reach out directly or request contact from Company or Company’s third-party Home Service-related providers and online aggregators (referred to as “Third-Party Service Providers"), you agree to be bound by the terms of the Agreement in their entirety. It is important to review the terms carefully as they contain disclaimers, limitations of liability, and arbitration provisions. Users must be of legal age to use the site, and Company reserves the right to terminate access for any reason. When using the Request for Services Contact, users may be required to provide certain information, which will be governed by our Privacy Policy. Company does not endorse third-party service providers and disclaims liability for any products or services offered by them. Users are responsible for their interactions with third parties and should exercise caution. The site's content and proprietary rights are protected by copyright and other laws. Users agree to indemnify Company for any disputes or improper use of the site. The site disclaims warranties and limits liability for damages. Users must agree to arbitration for dispute resolution. The site may send text messages to users who opt-in, and users can opt-out at any time. If you have any questions or concerns, you can contact us at the provided email or mailing address.
Please carefully review the terms of the Agreement. If you do not agree with all the terms, you are not permitted to use the Site Offerings in any way. The Agreement includes warranty disclaimers, liability limitations, releases, a waiver of class-action suits, and the obligation to arbitrate any claims against the Company, its parent company, subsidiaries, related parties, third-party service providers, and marketing partners (referred to as "Covered Parties").
Please be aware that the Company does not directly provide Home Service-related products or services. The specific terms and conditions for any such products or services accessed through the Site Offerings, Request for Services Contact will be established by the respective Third-Party Service Providers. Any reliance on information available through the Site Offerings, including the Site Content, is at your own risk. The Company disclaims all liability for any loss, damage, or injury arising from information obtained directly or indirectly through the Site Offerings.
1. Agreement Modifications
This Agreement represents the entire and exclusive agreement between Users and the Company regarding the Users' use of the Site Offerings, superseding all previous agreements, representations, warranties, and understandings related to it. The Company reserves the right to amend the Agreement at its sole discretion without specific notice to Users. However, any amendments or modifications to the arbitration provisions, prohibition on class actions, or other dispute resolution provisions (collectively, “Dispute Resolution Provisions”) will not apply to disputes that arose before the amendment or modification. The most current version of the Agreement will be posted on the Site, and Users should review it before using any Site Offerings. By continuing to use the Site Offerings, Users agree to adhere to the terms and conditions of the Agreement in effect at that time (except for disputes that arose before any changes to the Dispute Resolution Provisions, which will be governed by the provisions in effect at the time of the dispute).
2. Request for Services Contact
When a User attempts to use the Request for Services Contact, they may be required to provide, and the Company may collect, some or all of the following information: (a) the User’s email address; (b) the User’s full name; (c) the User’s telephone number; (d) homeownership status; and (e) any other information collected via the applicable Request for Services Contact form (collectively, “Contact Data"). By submitting Contact Data and clicking the applicable submission button on the Site: (i) the Company may forward your Contact Data to one or more of the Company’s marketing partners and/or affiliates (collectively, “Marketing Partners”), and/or Third-Party Service Providers; (ii) you may be contacted by the Company and/or one or more Marketing Partners and/or Third-Party Service Providers regarding your request; and/or (iii) you may be contacted by one or more Marketing Partners with third-party offers that the Company believes may be of interest to you.
Furthermore, if you have provided “prior express written consent” as defined by the Telephone Consumer Protection Act (47 USC § 227) and its implementing regulations (47 CFR § 64.1200), as amended from time to time (“TCPA”), you may be contacted by the Company and/or one or more of its designated Third-Party Service Providers regarding your request via telephone, including artificial voice calls, pre-recorded messages, and SMS text messaging. If the Company contacts you following your submission of Contact Data, a Company representative may request additional information over the phone, including demographic and behaviorial data you wish to provide: (A) User date of birth; (B) User mailing address; (C) information regarding length of homeownership; and (D) any other information requested by the Company representative (collectively, “Follow-Up Data," and together with the Contact Data, the “User Data"). Each User agrees to provide true, accurate, current, and complete User Data. The Company’s use of User Data is governed by the Privacy Policy. For a copy of the Privacy Policy, please visit Privacy Policy Link.
Please be aware that the Company does not directly offer Home Service-related products or services. The terms and conditions for any Home Service-related products or services accessed via the Request for Services Contact will be determined by the respective Third-Party Service Providers. You acknowledge and agree that the Company is not liable to you or any third party for any products or services provided by Third-Party Service Providers.
3. Non-Endorsement of Marketing Partner or Third Party Service Providers
(a) The Company does not sponsor, recommend, or endorse any Marketing Partner or Third-Party Service Provider that may be accessed through the Request for Services Contact or other Site Offerings. Third-Party Service Providers that are accessible via the Request for Services Contact pay a fee for access to Users utilizing these services. The Company does not guarantee that Users will successfully find products or services through the Site Offerings and should evaluate each individually.
(b) We advise you to exercise caution and use common sense when utilizing the Site Offerings. It's important to note that the Company does not endorse the content or legality of any responses, statements, or promises made by any Third-Party Service Providers, Marketing Partners, or any other parties featured on the Site or through the Site Offerings..
(c) Deciding to pursue Site products or services and choosing service providers is a substantial choice that should not rely solely on advertisements or claims of expertise from any Third-Party Service Provider. The Company does not assess the standing of Third-Party Service Providers with regulatory authorities or governmental agencies and does not vouch for their status, standing, or capabilities. Users are urged to independently verify the industry standing, past practices, and reputation of any Third-Party Service Provider before engaging their services.
(d) The Company does not participate in agreements between Users and Third-Party Service Providers or Marketing Partners, nor does it engage in relationships formed as a result. Consequently, the Company does not provide any assurances regarding the competence, trustworthiness, honesty, integrity, or conduct of Users, Marketing Partners, or Third-Party Service Providers. It is the sole responsibility of each User to evaluate these attributes in all Third-Party Service Providers and/or Marketing Partners and to thoroughly vet each service provider according to their own judgment.
4. Links to Third Party Content
The Site contains Content, which includes but is not limited to text, video, banners and other information related to products and services, as well as regularly updated Third-Party Links. The Content is provided for informational purposes only and is always subject to the disclaimers contained herein and on the Site. The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Service Provider websites and/or Third-Party Links. Company does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
5. User Interactions
Users are solely responsible for their interactions with Marketing Partners, Third-Party Service Providers, and other third parties. Since the Company is not involved in User interactions, if you have a dispute with one or more Marketing Partners, Third-Party Service Providers, or other third parties, you hereby release the Company from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, current or in the future, arising out of or in any way connected with such disputes with Partners they communicate with via the Request for Services Contact or other Site Offerings.
6. Interactive Services
(a) Subject to the restrictions outlined herein, Interactive Services may allow Users to post comments and engage in other interactive communication through the Site Offerings. You agree to use the Interactive Services in a manner that is consistent with and in full compliance with all applicable laws, rules, and regulations. Each User is solely responsible for the comments, opinions, statements, offers, propositions, feedback, and other content (collectively, “Feedback") they post through the Interactive Services.
The Company reserves the right to prohibit any conduct by Users or to remove any materials or Feedback posted by Users that the Company, in its sole and absolute discretion, deems to be in violation of the Agreement, illegal, potentially harmful to others, objectionable, or that may expose the Company to harm, damage to reputation, or liability. Notwithstanding the foregoing, the Company is not obligated to monitor or police Users' actions, Feedback, and other materials posted by Users or other third parties.
The Company has no obligation and incurs no liability in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when viewing Feedback.
If you are a User, who chooses to use Interactive Services and other Site Offerings, you agree not to:
· display any personally identifiable information such as telephone numbers, street addresses, last names, URLs, email addresses, or any confidential information of any third party;
· display any audio files, text, photographs, videos, or other images containing confidential information or that may be deemed indecent or obscene in your community, as defined under applicable law;
· impersonate any person or entity;
· “stalk" or otherwise harass any person;
· engage in unauthorized advertising to, or commercial solicitation of, transmit any chain letters, spam, or junk email to other Users;
· express or imply that any statements you make are endorsed by the Company without the Company’s specific prior written consent;
· harvest or collect personal information of other Users (whether or not for commercial purposes) without their express consent;
· use any AI, bot, spider, search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine," or in any way reproduce or circumvent the structure or presentation of the Site Offerings;
· remove, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
· interfere with or disrupt the Site and/or the servers or networks connected to it including but not limited to ; post, offer for download, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment of the Site;
· post, offer for download, transmit, promote, or otherwise make available any software, product, or service that is illegal or violates the rights of a third party, including but not limited to spyware, adware, programs designed to send unsolicited advertisements (“spamware"), services that send unsolicited advertisements, programs designed to initiate “denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to mobile networks;
· “copy” or “mirror" any part of the Site without the Company’s prior written authorization;
· use metatags or code or other devices containing any reference to any Site Offerings in order to direct any person to any other mobile application or website for any purpose;
· modify, adapt, copy, any portion of the Site Offerings or any software used in or in connection with Site Offerings.
· Engage in any conduct that restricts anyone's use or enjoyment of the Site, or that we determined may be harmful or pose liability to the Company, users or third party partners.
The Company reserves any and all legal remedies to pursue action against Users that engage in the aforementioned prohibited conduct.
7. Termination of Access to the Site Offerings
The Site Offerings are available only to individuals who are legally capable of entering into binding contracts under applicable law. They are not intended for individuals under eighteen (18) years of age, or the applicable age of majority if it is higher in their jurisdiction. If a User is under eighteen (18) years of age, or the applicable age of majority, and/or is unable to enter into legally binding contracts under applicable law, that User is not permitted to use or access the Site Offerings. The Company may terminate a User’s access to the Site Offerings at any time and for any reason at its sole discretion. Reasons for termination include, but are not limited to, the Company’s belief that the User: (a) is in breach of the Agreement in any way; and/or (b) is engaged in any improper conduct in connection with the Site Offerings.
8. Representations and Warranties
Each User represents and warrants to the Company that the Agreement constitutes the User’s legal, valid, and binding obligation, fully enforceable against the User in accordance with its terms; and that the User understands and agrees that they have independently evaluated their willingness and desire of utilizing the Site Offerings and have not relied on any representation or warranty except for those set forth in the Agreement.
9. Indemnification
Each User agrees to indemnify, defend, and hold harmless the Company, its members, officers, directors, employees, agents, and attorneys, from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and expenses (including reasonable attorneys’ fees, court costs, and settlement costs) arising from or related to: (a) any dispute between that User and any Marketing Partner, Third-Party Service Provider, or other third party; (b) the User’s breach of the Agreement and/or any representation or warranty contained herein; (c) the User’s improper and/or unauthorized use of the Site Offerings in any manner; and/or (d) the User’s Feedback or Interactive Services. The provisions of this Section 10 are for the benefit of the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys. Each of these individuals and entities has the right to assert and enforce these provisions directly against you on its own behalf.
10. License Grant
Each User is granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Site Offerings. The Company may terminate this license at any time for any reason. Unless expressly authorized by the Company, Users may only use the Site Offerings for their personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or third party may use any automated means or form of scraping or data extraction to access, query, or collect material from the Site Offerings except as expressly permitted by the Company. No User or third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Site Offerings or any portion thereof. No User or third party may create any “derivative works" by altering any aspect of the Site Offerings. No User or third party may use the Site Offerings in conjunction with any other third-party content. No User or third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by the Company. Each User further agrees to indemnify and hold the Company harmless for that User’s failure to comply with this Section 11. The Company reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights
The Site Offerings, including the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other related matters, are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, or publication by any User or third party of any part of the Site Offerings is strictly prohibited. No User or third party acquires ownership rights in any content, document, software, services, or other materials viewed through the Site Offerings. Posting information or material through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
12. Violation Warning
Any attempt by any individual to damage, destroy, tamper with, vandalize, or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law. The Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Disclaimer of Warranties
THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THROUGH THEM ARE PROVIDED TO USERS ON AN “AS IS" AND “AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THROUGH THEM: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO REQUEST A QUOTE; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED THROUGH THEM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. THE COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability
Each User expressly understands and agrees that Company shall not be liable to that User or any third party for any direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Company has been advised of the possibility of such damages), to the fullest extent permissible by law, for: (a) the use or inability to use the Site Offerings and/or any other products and/or services offered by and/or through same; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, content, and/or any other products or services purchased or obtained from or through the Site Offerings; (c) any dispute between any Users, Marketing Partners, and/or Third-Party Service Providers and/or other third parties; (d) the unauthorized access to, or alteration of, any User data; (e) the failure to realize requesting a quote; and (f) any other matter relating to the Site Offerings and/or any other products and/or services offered by and/or through same. This limitation applies to all causes of action, in the aggregate, including but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any and all other torts. Each User hereby releases Company from any and all obligations, liabilities, and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of Company to any User under any and all circumstances will be five hundred dollars ($500.00). No action, regardless of form, arising out of the Site Offerings and/or any other products and/or services offered by and/or through same, may be brought by any User or Company more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between each User and Company. Access to the Site Offerings would not be provided to Users without such limitations. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, the liability of Company shall be limited to the maximum extent permitted by law.
15. Copyright Policy
Company reserves the right to terminate any User’s access to the Site Offerings where such User infringes upon third-party copyrights. If any User or third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: Media Resource Group LLC, 2439 Vanderbilt Beach Rd, Ste 108-558, Naples, FL 34109.
16. Site Modification
Company reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
17. User Information
All material submitted by Users through or in association with the Site Offerings including, without limitation, the User Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please visit Privacy Policy Link
18. California Consumer Rights and Notices
Residents of the State of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov
19. Dispute Resolution
The Agreement shall be treated as though it were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against Company or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and Company and/or any Covered Party including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement, or the breach of same by any party hereto:
(a) Arbitration Agreement: You agree to submit the dispute for resolution by arbitration before the American Arbitration Association in Collier County, Florida, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association (the “AAA”).
(b) Class Action Waiver: To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit and/or class arbitration as to any claim, dispute, or controversy that you may have against any Covered Entity and/or Company (including its employees, officers, directors, members, representatives, and/or assigns). You agree to the entry of injunctive relief to stop such a class action lawsuit and/or class arbitration, as applicable, or to remove you as a participant in the suit and/or class arbitration, as applicable. You agree to pay the attorney’s fees and court costs that Company and/or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining, or participating in class action lawsuits and/or class arbitrations: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually, and not as a class action or class arbitration, in binding arbitration as provided above; and (ii) is an independent agreement.
(c) Opt-Out: You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
20. SMS/ Text Messages
Users may request to receive up to a maximum of ten (10) offers from Company via text message, including text messages sent by third-parties on Company’s behalf, on selected days of the week from supporting wireless carriers.
Consumers may opt out of receiving text messages by replying "STOP," "END," or "QUIT" to any SMS message that they receive. No other words or combination of words will achieve a successful opt-out result. Consumers may also reply with "HELP"; email us at: info@mrginc.com or call us at: +1 239-631-3553 for support. Standard message and data rates may apply to any text/SMS communication. Site Offerings are not endorsed, administered, or sponsored by any of the wireless Carriers. The Carriers shall not be liable for any delayed or undelivered messages.
21. Miscellaneous
To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
22. Contact Us
If you have any questions about the Agreement, Site Offerings, or the practices of Company, you may email us at: info@mrginc.com or send us mail to: 2430 Vanderbilt Beach Rd. Ste 108-558, Naples, FL 34109.