Plain English: By using this website, you agree to these terms. We operate a portfolio and company information site. We own our content. Don't misuse the site. Our liability is limited to $100. Disputes are resolved by binding arbitration in Texas.
By accessing or using micawbermedia.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Site.
These Terms apply to all visitors, users, and anyone else who accesses the Site. Micawber Media LLC ("Micawber Media," "we," "us," or "our") reserves the right to update these Terms at any time. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
The Site is a company portfolio and information website operated by Micawber Media LLC, a digital ventures company based in Canyon Lake, Texas. The Site provides general information about Micawber Media LLC and its portfolio of products and brands, which may include:
The Site may contain links to third-party websites, apps, or services operated by these brands or other parties. Micawber Media LLC is not responsible for the content, terms, or privacy practices of any third-party site. Your interactions with third-party sites are governed by those sites' own terms.
All content on this Site, including but not limited to text, graphics, logos, icons, images, brand names, product names, and software, is the property of Micawber Media LLC or its content suppliers and is protected by United States and international intellectual property laws.
The following are trademarks and brands owned by Micawber Media LLC: Micawber Media, Me First Living, Flexwell, Lezuna, Collie, BigLoads, and related logos and trade dress. Nothing on this Site grants you any license or right to use any trademark, brand name, or logo without the prior written consent of Micawber Media LLC.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from this Site without express written permission from Micawber Media LLC.
When using this Site, you agree not to:
We reserve the right to terminate your access to the Site at any time, for any reason, without notice.
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MICAWBER MEDIA LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Micawber Media LLC does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICAWBER MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE.
IN ALL CASES, MICAWBER MEDIA LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Micawber Media LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any third-party rights.
These Terms and any dispute arising from your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any court proceedings not subject to arbitration under Section 9 shall be brought exclusively in the state or federal courts located in Comal County, Texas.
Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Site (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as set forth below. The arbitration shall take place in Comal County, Texas, or via video conference at the discretion of the arbitrator.
Class Action Waiver: YOU AND MICAWBER MEDIA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. No arbitrator shall have authority to consolidate more than one person's claims or to preside over any form of representative or class proceeding.
Exceptions: Either party may seek injunctive or other equitable relief in court to prevent the infringement of intellectual property rights or to address other emergency situations. Small claims court actions are also excluded from mandatory arbitration, provided the claim qualifies for that court's jurisdiction.
Opt-Out: You may opt out of mandatory arbitration within 30 days of first using the Site by sending written notice to hello@micawbermedia.com. Opting out does not affect any other provision of these Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
Micawber Media LLC reserves the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
We encourage you to review these Terms periodically. If you do not agree to the revised Terms, your only remedy is to stop using the Site.
If you have any questions about these Terms of Service, please contact us:
Micawber Media LLC
1885 FM 2673, Suite H31
Canyon Lake, TX 78132
hello@micawbermedia.com