Terms and Conditions
Effective Date: March 14, 2025
Thank you for
visiting mrginc.com or one of our affiliated
sites (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 “user” 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 Offerings regarding products
and services available on the Site (referred to as the “Site Offerings"),
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 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. The 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 Company may send text messages to users who provide express written consent
to the Company to receive such text messages virtue of the consent procedures provided for on this site, and users can opt-out of
receiving such text messages 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 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 Offerings, 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” to the Company 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 for whom you have provided such prior express
written consent regarding your request via telephone, including artificial
voice calls, pre-recorded messages, and SMS text messaging by the Company. If
the Company contacts you following your submission of Contact Data, a Company
representative may request additional information over the phone, including
demographic and behavioral 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:
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 9 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
After acceptance of
the Site’s Privacy Policy and Terms and Conditions, 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, machine 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 their 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 mrg privacy policy link
18. State Consumer
Privacy Rights and Notices
Residents of various
states are entitled to specific consumer rights including, without limitation,
the right of access, correction, and deletion, and the right to opt-out from
sales of their personal information and use of their personal information for
targeted advertising and profiling. Please read the Privacy Policy for
additional details concerning your privacy rights. :
Residents of
California 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)
Good Faith
Negotiation: In the event
of any dispute between the parties arising out of this Agreement, the parties
will attempt to resolve such dispute informally. Either party will
provide the other with written notice of the dispute and a summary of the
issues that need to be resolved. Your notice and issue summary shall be
sent to attn: MRG Office of the President at: info@mrginc.com. No mediation or arbitration proceedings for
resolution of the dispute shall proceed until either of the parties conclude
after a good faith effort to resolve the dispute that resolution through
continued discussion is unlikely.
(b)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”). The use of the AAA arbitration
process is mandatory for disputes arising under this Agreement if such
disputes are not resolved through informal negotiation. Detailed information
concerning the AAA arbitration process, the forms for initiating an arbitration
case, the fees, and the methods for selecting arbitrators, hearing locations,
and other details are available online at www.adr.org. The arbitration process typically offers a faster
and less expensive resolution of disputes than court proceedings and allows
more flexibility for the parties to select independent arbitrators rather than
being assigned a judge. The AAA arbitration process also requires adherence to
a much faster timeline for hearings and resolution than the court system. Notwithstanding
this mandatory arbitration provision, the Consumer may still have options to
submit their claim to the applicable Small Claims Court as discussed in the AAA
procedures at www.adr.org.
(c) 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.
(d)
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 companies to which You have provided express
consent by virtue of certain actions You have taken in relation to access this
website.
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:
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.