Welcome to the website of The Menges Group, LLC (“The Menges Group” or “we” or “us”). We are pleased to make available for your use and benefit the website located at the following: www.themengesgroup.com (“Site”).

Please read the following terms and conditions carefully. By using the Site, you agree to these terms and conditions. If you do not agree, do not use the Site. These Terms of Use apply to your access and of the Site and shall control over any other agreement you may have with The Menges Group, with regard to access or use of the Site.

Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site, from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use.

We also have a Privacy Policy, which you should read and may access by clicking on the following link. Privacy Policy.

Copyright and Trademarks

This Site contains material which is the property of The Menges Group, and which is protected by United States and copyright, trademark, and other intellectual property laws.  You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Third Party Vendor Access

The Menges Group may permit third-party vendor access to the Site in accordance with the Privacy Policy.  Any third-party granted access to Site must only access, use, or disclose such data to the extent necessary to perform and administer services for The Menges Group and must comply with the Privacy Policy terms as a condition of access.  Any third-party granted access to any portion of the Site is prohibited from selling such data or using such data for its own marketing, regardless of any statements or agreements to the contrary.  This provision shall survive termination of use or access with regard to all data accessed, used or disclosed as a result of a third-party’s access to the Site.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MENGES GROUP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MENGES GROUP DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE THE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

The Menges Group shall not be responsible for any loss, damage, liability, or expense that may accompany or result from your use of or access to this Site.

Limitation of Liability

Under no circumstances shall The Menges Group be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, or delayed transmissions, arising from your use or inability to use the, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that The Menges Group is not liable for any defamatory, offensive, or illegal content posted to the Site. If you are dissatisfied with the Site or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless The Menges Group, and all of our and their respective its directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of The Menges Group or any third party content provider of the Site.

License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting The Menges Group a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform, or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Linking Policy

If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, The Menges Group Privacy Policy stated on this Site is no longer in effect.

Registration

To use certain features of the Site, you may be required to register with The Menges Group on the form provided on the Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. The Menges Group has no obligation to verify the authenticity of any registration information but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Termination

The Menges Group may cancel, suspend or terminate your right to use the Site thereof at any time without notice. In the event of suspension, or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive your discontinued use of the Site.

Entire Agreement

These Terms of Use constitute the entire agreement between the Menges Group and you with respect to your use of the Site, and all information (including copyright material) obtained by your from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Arbitration and Waiver of Certain Rights

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.

General Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Virginia, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Arlington County, Virginia. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture, or agency relationship between the parties. No failure of The Menges Group to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

Contact Information

If you have any questions about this Terms of Use or this Site, please contact us by email at JMenges@TheMengesGroup.com

© 2022 The Menges Group, LLC. 

All Rights Reserved.

Updated 2022