Mtelconsultants.com

 

LEGAL NOTICES AND

SUBSCRIBER AGREEMENT

 

 

Copyright and Trademark Notices

 

Copyright ©Mtel Consultants.  All rights reserved.  The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior written consent of Mtel Consultants. “Mtel Consultants” and “Mtelconsultants.com” are trademarks of Mtel Consultants.

 

Subscriber Agreement

 

This Subscriber Agreement ("Agreement") is a legally enforceable agreement and constitutes the sole agreement between you ("you" or "Subscriber") and Mtel Consultants ("MTEL") with respect to your access and use of the Mtelconsultants.com web site (the “Site”) and related products and services provided by MTEL (collectively, the "Service").  Subscriber must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized Subscriber of the Service.  PLEASE READ THIS AGREEMENT CAREFULLY.

 

Subscriptions.  Upon completion of the Subscriber Application and acceptance of such application by MTEL, in its sole discretion, each Subscriber will be idetified by a username and password (collectively, "Login").  The Login will allow the Subscriber access to the Service during the term of such Subscriber's subscription.  A Login is a non-exclusive, non-transferable license for that individual Subscriber, and no other, to use the Service for a period of time.  Subscriptions are automatically renewed at the end of the original term selected, for a like period of time, unless written notice of nonrenewal is received from Subscriber at least seven (7) days prior to the end of the original term.  Subscribers are responsible for providing all personal computer and communications equipment necessary to access the Service.

 

Subscription Fees.  Currently there are no fees to browse the MTEL website. MTEL may charge the subscriber a fee in future.  The Subscriber is responsible for paying periodic subscription fees according to MTEL's then current rates for use of the Service.  Subscription fees are non-refundable once Subscriber’s Login has been used to access the Service.  By becoming a Subscriber, you hereby authorize the imposition of charges to your credit card or other approved facility for all subscription fees as well as fees for any further goods and/or services provided at, through and/or from the Site.  Subscription fees are automatically charged to your credit card or check debited at the beginning of the initial term and each renewal term of this Agreement.  For example, if Subscriber chooses an initial subscription term of one year, his/her subscription will be automatically renewed for an additional one year period, and the corresponding renewal subscription fees charged to his/her credit card (or other approved facility) at the end of the initial one year period, unless Subscriber gives mtel notice of nonrenewal in accordance with this Agreement.  Subscriber shall pay all applicable taxes relating to use of the Services.  MTEL reserves the right to change the amount of the monthly subscription fees from time to time without notice and in MTEL’s sole discretion.

Refunds.  Any refunds will be made by crediting the credit card that was used to make the original purchase.  NO refunds will be made by cash or check.

Nonassignability; Theft.  Your subscription and Login may not be assigned or transferred to any other person or entity.  Subscriber must promptly inform MTEL of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Login.  Until MTEL is notified, in writing, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service.

Modification/Termination.  MTEL may change, suspend, discontinue and/or limit Subscriber’s access to all or any part of the Service at any time without notice or liability to Subscriber.  Either you or mtel may terminate your subscription at any time, with or without cause by providing written notice of termination to the other party.  If mtel terminates your subscription without cause, mtel will refund to you subscription fees pre-paid for the balance of your subscription period.  No refund will be paid upon termination by you, or upon mtel’s termination of your subscription for cause, including without limitation for any breach by you of any representation, warranty or other term of this Agreement. 

License.  Subscriptions to the Service are provided for personal, non-commercial use by Subscribers.  As a Subscriber, you are hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Site for personal, non-commercial use only.  Commercial use of the Site and/or the Service, or any material located on or included in it, is strictly prohibited.  In addition, you may not modify any of the materials found on the Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks therefrom; or transfer any material located on the Site or included in the Service to any other person.  mtel reserves the right to terminate this license at any time if you breach the terms of this Agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site.

No Unlawful or Prohibited Use.  As a condition of your use of the Service, you warrant to mtel that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.  mtel shall have the right to immediately terminate, either temporarily or permanently, your use of any portion of the Service if mtel determines in its sole and absolute discretion that you have violated this Agreement and the terms and conditions set forth herein, have otherwise breached this Agreement, or have engaged in on-line conduct which mtel determines in its sole and absolute discretion to be unacceptable. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless mtel, its officers, directors, shareholders, employees and agents, from and against any and all damages (including loss of profits, loss of property, fines and penalties), losses and expenses (including attorneys' fees and court costs) arising from or in connection with Subscriber’s use of the Service in violation of law or any terms of this Agreement. 

Links to Third Party Sites.  The Service may contain hyperlinks to web sites operated by parties other than mtel. Such hyperlinks are provided for your convenience and reference only.  mtel does not control such web sites, and is not responsible for the contents contained therein nor any designations which may accompany such hyperlinks.  mtel’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Email Alerts.  MTEL reserves the right to send periodic e mail alerts to the Subscribers.  The information provided on the Service is solely for information purposes only. All expressions or opinions are subject to change at any time.  The information on the Service is obtained from third party services that Service Provider considers reliable but Service Provider has not independently verified the information and Service Provider does not guarantee it is accurate or complete. Service Provider does not alter or change any third party content represented on the Service or e-mail notification.  

Bookmarking.  Bookmarking to a page on the Site whereby the Legal Notices and Subscriber Agreement page(s) and/or other warning pages are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority.  "Bookmarking" shall mean the act of placing a webpage (URL) into a temporary file on the Subscriber's browser so that the Subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent.

Disclaimer;Limitation of Liability.  THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. MTEL OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. MTEL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE.  ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. 

SHOULD THE SERVICE PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.  IN NO EVENT SHALL MTEL BE LIABLE TO SUBSCRIBER OR OTHERS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF MTEL HAS BEEN MADE AWARE OF THE POSSIBILITY OF SAME.  MTEL’S MAXIMUM LIABILITY HEREUNDER AND IN CONNECTION WITH OR RESPECT TO THE SERVICE SHALL NOT EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEDING TWELVE (12) MONTH PERIOD.

CONSUMER RIGHTS.  SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND REMEDIES; YOU MAY ALSO HAVE OTHER RIGHTS AND REMEDIES WHICH ARISE FROM OPERATION OF LAW AND VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. 

Proprietary Rights.  The Service is intended for the personal, noncommercial use of its registered Subscribers.  All materials published on the Site and/or included in the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright and other intellectual property laws, and are owned or controlled by MTEL or the party credited as the provider of the content, software or other materials.  Subscriber shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.  The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.  Except as expressly set forth herein, Subscriber may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.  Subscriber may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that Subscriber maintains all copyright and other notices contained in such Content.  Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from MTEL, or the copyright holder identified in the individual Content’s proprietary notices including copyright notice. 

Postings, Advertising.  If the Site enables Subscribers to share information with other Subscribers, Subscribers agree not to submit, publish, or display on the Site any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers through the Site to buy or sell any products or services without the prior written consent of MTEL.  Subscribers are solely responsible for information they send or display through the Site, and MTEL does not accept, and hereby expressly disclaims, any and all liability with respect to same.  Subscriber acknowledges that any submissions (e.g., Letter to MTEL, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by MTEL.  In addition, Subscriber warrants that all moral rights in any uploaded materials have been waived.  You should not use the Site for any communication which you intend only the intended recipient(s) to read.  All messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s). For purposes of the Electronic Communications Privacy Act, all messages shall be deemed to be readily accessible to the general public.

Software Available on the Service.  Software (if any) that is made available to download from the Service (“Software”) is the copyrighted work of MTEL and/or its suppliers.  Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).  You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.  For any Software not accompanied by a License Agreement, MTEL hereby grants to you a personal, non-transferable license to use the Software for viewing and otherwise using the Service in accordance with this Agreement, and for no other purpose.  Any reproduction or redistribution of the Software is strictly prohibited.  User acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA.  User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Miscellaneous. This Agreement constitutes the entire agreement between you and MTEL with respect to the subject matter hereof and supersedes all prior agreements, oral or written, with respect to the matters contained herein or relating thereto.  The terms of this Agreement may not be amended except by a writing signed by an authorized representative of MTEL.  Any Notice required or permitted pursuant to this Agreement will be sufficient if in writing and sent via email (receipt confirmed) (effective upon receipt) or regular or certified mail (effective 3 days after posting).  No failure or delay of MTEL to exercise any right, power or remedy, or partial exercise of any right, power or remedy, will preclude any future exercise of any such right, power or remedy.  No express waiver or assent by MTEL to any default in any term or condition of this Agreement shall constitute a waiver or assent to any succeeding default in the same or any other term or condition hereof.  These terms and conditions are to be governed and construed according to the law of the State of Maryland without regard to its rules regarding conflicts of law.  You expressly agree that the state and federal courts located in Maryland shall have exclusive jurisdiction over all claims arising out of these Terms and you irrevocably submit to the personal jurisdiction of such courts.   The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  In the event of a dispute arising out of or relating to this Agreement, or your use of or access to the Service, litigation must be brought in state or federal courts in the STATE OF MARYLAND.   

Privacy Policy.  MTEL value you as a subscriber and therefore strive to make your experience on our website as safe and convenient as possible.  This privacy policy (“Privacy Policy”) applies to all information collected or submitted by you or an individual acting as your agent on our Site.  By using this Site, you agree to this Privacy Policy.  Our Terms and Conditions take precedence over any conflicting provision contained herein.  We may change our Privacy Policy by posting a new version of the policy on this page.  It is your responsibility to frequently review the Privacy Policy.

Information Collected.  On some pages of the Site we collect personally-identifiable information such as your name, address, email address, phone number, credit/debit card information, or other personal and /or financial information.  We use this information to fulfill your requests for certain products, services and materials, and to contact you about new listings, interesting information about hospitality industry and any other interesting information specials and new products. 

Disclosures.  In order to provide you superior service, we may disclose certain of your personally-identifiable information to third parties such as credit card companies, order processing and shipping companies.  We cannot and do not make any guarantees with respect to the actions or policies of such third parties.  We may disclose your personally-identifiable information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have a good faith belief that such action is necessary to (1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on MTEL or (2) to protect and defend the property or rights of our company, our clients or the public.  This includes exchanging personally-identifiable information with other companies and organizations for fraud protection and credit risk protection.  If MTEL should ever file for bankruptcy or merge with another company, we may sell all information, including personally-identifiable information, you provide to us on the this Site to a third party or share such information with the company with which we merge.

Promotions.  By subscribing to our Site you have agreed to receive promotional e-mails from us, we will always provide you with the opportunity to "opt-out" if you no longer wish to receive future e-mails.  This Site also offers you the ability to “Tell a Friend” about our Site and the services and products we offer on it.  When using this feature, you will be asked to provide your name and email address, as well as the names and email addresses of those you wish to notify.  We make no use of the recipient’s name or email address other than to send such recipient your invitation unless such recipient grants us permission to do otherwise.

Updating and Changing Your Information.  You can update, change or delete all personally-identifiable information you have provided to us by contacting MTEL to make such changes to your account.

Cookies.  We may collect information about your usage of and movement through the Site using “cookies” or similar tracking software.  This information allows us to develop and customize the Site to better meet your needs and preferences.  Usage of a cookie is in no way linked to any of your personally-identifiable information while on the Site.  Once you close your browser, the cookie simply terminates. 

Security.  We use Secure Sockets Protocol (SSL) encryption from Verisign to protect your personally-identifiable information, including your credit card numbers and other financial data, from interception and hacking.  

Contact Us.  Should you have any questions or concerns about this Privacy Policy, please contact us at info@mtelconsultants.com, or call us at (410) 872-0330.

To indicate your acceptance of the terms and conditions of this Agreement, click the "Accept" button.  You will not be allowed to continue or to subscribe to the Service before clicking that button.  If you do not wish to agree to these terms and conditions, click the "Cancel" button.  MTEL reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time.  Notification of changes will be posted on the Service.  Occasionally, MTEL may ask you to accept such changes to continue using the Service.

 

SUBSCRIBER'S USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY ADDITIONS, DELETIONS OR MODIFICATIONS TO THE AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH TERMS, ADDITIONS, DELETIONS OR MODIFICATIONS.