Mainstay Engineering Group, Inc. Terms of Use

 

 

1. Intellectual Property

The Website, and all content on the Website, including text, graphics, logos and images (“Content”), is either owned by or licensed to Mainstay, and is protected by intellectual property laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

 

 2. License

Mainstay grants you a limited license to access and make personal use of the Website subject to these Terms. You may use this website only for lawful, informational purposes and to engage with Mainstay. Any other use, including but not limited to modification, reproduction, or distribution of content, is prohibited without the express prior written consent of Mainstay.

 

3. User Conduct

 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Website or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

​

You agree not to use the Website:

​

• In any way that violates any applicable federal, state, local or international law or regulation;

• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability;

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;

• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the materials on the Website;

• Use any manual process to monitor or copy any of the materials on the Website or for any other unauthorized purpose without our prior written consent;

• Use any device, software or routine that interferes with the proper working of the Website; or

      Otherwise attempt to interfere with the proper working of the Website.

 

4. Privacy Policy

Our Privacy Policy governs the collection and use of personal information. By using our Website, you consent to the terms outlined in our Privacy Policy.

 

5. Feedback

Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, any ideas, comments, suggestions, feedback, data or the like (“Feedback”) that you provide to Mainstay will be considered non-confidential and non-proprietary. Mainstay will have no obligations with respect to the Feedback. Furthermore, you hereby assign to Mainstay all intellectual property rights, and waive any moral, publicity or similar rights you have in any Feedback. By submitting the Feedback to Mainstay, you agree Mainstay is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Mainstay and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Feedback and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

6. Third-Party Links

Our Website may contain links to third-party websites or online services. Any access to and use of such third-party websites or online services is not governed by these Terms, but is instead governed by the terms of use of those third parties. Mainstay is not responsible for the content or practices of such third-party websites or online services. You are visiting such third-party websites or online services at your own risk.

 

7. Disclaimer of Warranties

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE IS PROVIDED BY MAINSTAY ON AN “as is” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAINSTAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.

 

8. Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL MAINSTAY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE.

​

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT AND INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

​

Any claims arising in connection with your use of the Website must be brought within one (1) year of the date of the event giving rise to such action occurred.

​

9. Indemnification

You agree to indemnify, defend and hold harmless Mainstay and our affiliates, and our and their respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Website. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

 

10. Modification of Terms

Mainstay reserves the right to modify these Terms at any time and at our sole discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Website constitutes acceptance of the modified terms. The amended Terms supersede all previous versions.

 

11. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

​

With the exception of the Process described below, this arbitration agreement applies to and governs any dispute, controversy, or claim between you and Mainstay that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, validity, or enforceability thereof; (b) the Website, including access to or use of the Website and the Content and services provided through the Website; or (c) or any other aspect of your relationship or engagements with Mainstay (each, a “Claim,” and, collectively, “Claims”). This arbitration agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your acceptance of these Terms and shall survive termination of these Terms. You and Mainstay agree that this this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

​

Neither you nor Mainstay will be entitled to: (a) join, consolidate or combine Claims by or against others in any arbitration with the exception of applicable arbitrator rules related to mass or multiple arbitration filings and our agreement below; or (b) include in any arbitration any Claims as a representative or member of a class.

​

For any dispute with Mainstay, you agree to first contact Mainstay and attempt to resolve the dispute with Mainstay informally by sending a personally-signed notice to:

 

Mainstay Engineering Group, Inc.

1750 Walton Road

Blue Bell, PA 19422

​

You must include your name and residence address, your phone number, email address, and a clear and detailed statement of your Claim (including requested relief). If Mainstay has a dispute with you, Mainstay will send this notice to the most recent contact information Mainstay has for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and Mainstay agree to negotiate in good faith in an effort to informally resolve the dispute. The party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the dispute. If such a conference is requested, you and a Mainstay representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this mandatory informal dispute resolution process (“Process”) is a condition precedent to initiating a Claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.

​

Any arbitration will be conducted in Philadelphia, Pennsylvania, unless you and Mainstay agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

​

You and Mainstay also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective Claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of case management, hearing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing (administrative) arbitrator to determine the applicability of this paragraph and process. The administrative arbitrator’s fees shall be paid by Mainstay.

 

Notwithstanding anything to the contrary, nothing in this Section shall be deemed as preventing Mainstay from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights or other proprietary rights; or as preventing you or Mainstay from asserting or transferring claims to a small claims court, if Your Claims qualify, and prior to any scheduling order is issued, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

​

With the exception of the notice Process described above, if this arbitration agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this arbitration agreement, which shall remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this arbitration agreement.

 

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE APPLICATION FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO BOTH COURT ACTIONS AS WELL AS CLASS ARBITRATION, AND, UNLESS MAINSTAY AGREES OTHERWISE OR THE ARBITRATION PANEL SO REQUIRES FOR MULTI-CASE FILINGS, YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAINSTAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS PLAINTIFF OR CLASS MEMBER. If this class action and jury trial waiver is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of this paragraph, which shall remain in full force and effect.

 

12. Governing Law

These terms of use are governed by and construed in accordance with the laws of Pennsylvania. Any disputes arising out of or related to these terms shall be resolved through arbitration as set forth in Section 11. Any legal suit, action or proceeding that is not subject to mandatory arbitration under Section 11 shall be instituted exclusively in the state or federal courts in Philadelphia County, Pennsylvania.

 

13. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Website and any Website-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

​

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove any contents generated by you on the Website, block your access to the Website, block IP addresses.

​

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

​

No waiver by Mainstay of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

 

14. Contact

If you have any questions, comments or notices regarding these Terms, please contact us at info@megr.com or use the “CONTACT US” form on the Website.

​

​