California Consumer Privacy Act

For California residents, by proceeding to interact with MDG USA Inc., please be aware that your personal information may be collected.

To understand the types of personal information that we may collect about you, please visit our Privacy Policy.

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Terms & Conditions
Please carefully review these terms that govern your use of our services. BY REGISTERING FOR, ACCESSING, OR USING OUR WEBSITE, or other services (collectively “Services”) provided by MDG or its affiliates (collectively, “MDG”) you agree to the following Terms and Conditions (“Terms of Service”).
If you do not agree to the Terms of Service, you are prohibited from accessing or using the Services.

In addition to all other agreements that may be provided to you, which are not modified, replaced, amended or altered in any way by this Terms of Service, this Terms of Service sets forth the legally binding Terms of Service for your use of the Services. By continuing to use the Services, you agree to be bound by this Terms of Service. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Terms of Service. You agree to be bound to any changes to this Terms of Service when you use the Services after any such modification is posted. It is therefore important that you review this Terms of Service regularly upon each use of the Services to ensure you are updated as to any changes. We may partner with a bank (“Bank”) to offer certain products and services. If you are approved for any of the Bank’s products, you will enter into separate agreements with the Bank, and those agreements will govern and control your relationship with the Bank with respect to such Bank’s product(s). In the event of any conflicts between this Terms of Service and any other document or written agreement between you and MDG (“Documents”), the provisions of those Documents shall govern and prevail.

PLEASE READ THIS TERMS OF SERVICE CAREFULLY, PRINT A COPY FOR YOUR RECORDS AND SAVE THEM. THEY AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR ANY RELATIONSHIP BETWEEN THE PARTIES SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD LEAVE THE SERVICES AND DISCONTINUE USE IMMEDIATELY.

USE OF SERVICES
You may use the Services only according to the Terms of Service. You accept sole responsibility for all activities using the Services, including your conduct on the Services. You are solely responsible for all activities that occur under your account. You will not use the Services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code. You may not use the Services in any manner which could damage, disable, interrupt, overburden, or impair the Services or MDG’s network or servers. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Additionally, you must not engage in spidering, screen scraping, database scraping, harvesting of information, or any other automatic means of accessing, logging-in or registering on the Services, or obtaining or accessing other information from or through the Services. You may not sell or distribute to third parties the Services, or any information provided by the Services, for any commercial purpose. Your use of the Services is not transferable to any other person or entity. You agree not to copy materials, content or any other information on the Services, remove any copyright or other proprietary notations from the materials or content, reverse engineer or break into (hack) the Services, or use materials, products, or services in violation of law.

ELIGIBILITY
Use of the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful, complete, current and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) you have the authority to provide the information to us; (e) ) the information you provide does not infringe or violate any patents, copyrights, trademarks, or other intellectual property, proprietary, or privacy rights of any third party; and (f) your use of the Services does not violate any applicable law or regulation.

REGISTRATION
MDG hereby grants you permission to use the Services as set forth in this Terms of Service, provided that you will comply with the Terms of Service and conditions set forth in this Terms of Service. In order to access some features of the Services, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. you must keep your account password secure. You accept sole responsibility for keeping your password secure. We reserve the right to require that you change your password if we believe your account is no longer secure. You must notify MDG immediately of any breach of security or unauthorized use of your account. Although MDG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MDG or others due to such unauthorized use.
You agree to provide true, accurate, current, and complete information about yourself, your accounts and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
MDG may use and share your information with certain affiliates and third parties for the purpose of providing the services as provided herein and in accordance with its Privacy Policy.

PROVIDED SERVICES
MDG will make reasonable efforts to keep the Services operational. However, certain technical difficulties, routine maintenance and upgrades, and other events outside the control of MDG may, from time to time, result in temporary interruptions to the Services. In addition, MDG reserves the right at any time to modify or discontinue (on a temporary or permanent basis) certain functions of the Services or all the Services without notice.

The Services are provided by MDG “AS IS” and MDG assumes no responsibility for any failure in providing the Services to you. MDG may change, suspend or discontinue any or all of the Services for any reason, at any time, including the availability of any products or services included within the Services. MDG may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability.

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK. MDG DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD-PARTY RIGHTS ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. MDG HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDG THROUGH THE SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.

ADVERTISER DISCLOSURE
Listings on this website are not an offer to sell goods; rather, they are advertisements to receive offers. Any order, may be rejected by MGDG at its sole discretion, and all orders are subject to review and acceptance by MDG. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.

COPYRIGHT/TRADEMARK INFORMATION
The Services, including any part of the Services, are protected by copyrights, trademarks, service marks, or other proprietary rights, under the laws of the United States and international conventions. We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, limited license to use the Services subject to the Terms of Service. Any rights to the Services and its derivative works not expressly granted are expressly reserved. We retain all rights to aggregated anonymous data derived from your use of the Services. We do not claim ownership of the trademarks of any of our advertising partners or regarding any publisher or publication mentioned on the Services. In using the Services, you may provide us with feedback and suggestions regarding the Services. You assign to MDG all ownership and rights in any feedback and suggestions you provide without any royalty or accounting obligations to you. You agree that any information or materials that you provide to MDG through any of its Services shall become the sole property of MDG, and may be used freely by MDG. By providing such information and materials, you declare and warrant that you have all necessary rights to submit such information and materials and that the information and materials do not infringe the rights of third parties. You are permitted to use content delivered to you through the Services only on the Services.

MDG, the MDG logo, MDG Vision, and MDG Apton are registered trademarks of MDG.

Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, vPro Inside, Xeon, and Xeon Inside are trademarks of Intel Corporation in the U.S. and/or other countries. For more information about the Intel processor feature rating, please refer to www.intel.com/go/rating

The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Copyright infringement notice policy
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact [email protected] ATTN: Director of Marketing and provide the following information:

1. A description of the copyrighted work that allegedly has been infringed;
2. A description of the material that is claimed to be infringing and the URL of where the material is located on the Services, sufficient to permit MDG to locate the material;
3. Your contact information, including an address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use of the copyright-protected material in the way complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
6. Your physical or electronic signature.

Send to:

MDG USA Inc., 3422 Old Capitol Trail, PMB# 1993, Wilmington, Delaware 19808.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

MDG BASIC CREDIT MONITORING SERVICE
You understand that by enrolling in the MDG Basic Credit Monitoring service, you are providing "written instructions" in accordance with the federal Fair Credit Reporting Act, as amended ("FCRA"), for MDG and its service providers, to obtain information from your personal credit profile from Equifax. You authorize MDG and its service providers to use your Social Security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting, and scoring products

Score Disclosures
The credit score is obtained from Equifax by MDG. The credit score measures the probability that a person will continue to pay their debts on time. There are many different credit scores in the marketplace based on different models with different score values, and lenders and servicers use a variety of different credit scores to make credit decisions. The credit score provided within the Service is for educational/informational purposes only.

THIRD PARTY PROVIDERS
MDG works with one or more online service providers to access certain information, which may require you to separately agree to their separate Terms of Service of use and privacy policies. MDG does not review the information for accuracy, legality, or non-infringement. MDG is not responsible for the information or products and services offered by or on third-party sites. By linking your bank account to the Services, you authorize MDG and its service providers to access your financial accounts on your behalf, and to gather information about you. You authorize MDG to access, transmit, and use your information as necessary to provide the Services. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies. MDG has no liability to you for any damages you may suffer as a result of any such third party's actions or inactions or from inaccurate account information.

ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MDG reserves the right at any time after receipt of your order to accept or decline your order for any reason. MDG reserves the right at any time after receipt of your order, with prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. MDG is a reseller to end user customers and does not accept orders from computer dealers, exporters, wholesalers, or other customers who intend to resell the products offered by MDG.

BUNDLES
Bundled items are included while supplies last. Items of similar or greater value may be substituted with your consent.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MDG shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MDG shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment received. If payment has been received for the purchase and your order is canceled, MDG shall immediately issue a refund in the amount of the charge.

RETURN POLICY
All sales are a final. Unless required by law, there are no returns, refunds or exchanges of any kind whatsoever. However, we may choose to accept a return in our sole and absolute discretion; our exercise of discretion may be affected by various factors, including but not limited to the passage of time from the purchase date and the condition of the returned goods. Products returned for exchange must be sent back exactly as they were received. They must contain the unused product, original packaging and include all items, registration cards, packing materials and other accessories and must be received within 30 days of the invoice date. We reserve the right to refuse to accept returns or charge a restocking fee of 20% of the purchase price. No returns will be accepted without an RA number issued by MDG or when the product manufactures or distributors return policies supersede ours. If approved by MDG, an exchange, merchandise credit or refund will be authorized.
Due to the volatile nature of computer prices, items will only be refunded, exchanged or credited at the current pricing at the time of return. MDG reserves the right to charge higher restocking fees for any special circumstances, such as damaged packaging, missing items, etc. Physically damaged products will not be accepted.

LIMITED GUARANTEE AGAINST DEFECTS
Every third-party product you buy from MDG is backed first by the product manufacturer's warranty. MDG offers a 30-day limited warranty against defects. A 20% restocking fee may also apply. MDG's 30-day limited warranty is a defective exchange policy that provides for either repair or replacement of merchandise that has been confirmed as defective by either the manufacturer or MDG. Hardware confirmed as defective by the product manufacturer or MDG will either be exchanged or repaired within the first 30 days of original product delivery to buyer. After those 30 days, the product manufacturer warranty is the only warranty in effect. Terms of Service and conditions may vary by product or manufacturer.

WARRANTY LIMITATIONS
Where permitted by law, MDG disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose. There are no MDG warranties on services or software. Warranties, if any, for the software are contained in the licensed agreement that governs its purchase ( or licensing) and use. Any warranty and technical support provided on third-party products purchased from MDG are provided by the original manufacturer and not by MDG. MDG ‘s responsibility for any MDG-branded warranty claim is provided in accordance with the MDG Limited Warranty Agreement and the MDG Extended Warranty Service Plan, if available and purchased by you. Where applicable, the MDG Limited Warranty Agreement and the MDG Extended Service Plan will be provided to you upon delivery of your product(s). There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. MDG may provide the manufacturer’s warranty if unavailable from the manufacturer in your own country. Please contact MDG with any support or warranty related issues.

PROCESSING
Your order is thoroughly reviewed by our Verification Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Verification Department, it is sent to our warehouse for shipment. For security reasons, voice confirmation may be required before we can proceed with any step during the application process, or before processing your credit card for payment. If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse, or partner warehouse. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the backordered inventory in our warehouse.

TOTAL TIME FOR DELIVERY
Total time is based on the amount of time it takes to get payment authorization, order processing, and the transit time from the carrier. The sooner information is provided to MDG by the customer, the sooner the Verification Department can verify that information and ship out the products. This can range from 24 hours to 10 business days for in-stock items. In some cases, the delay time can be greater than 10 days. For more information regarding total time for delivery please refer to our SHIPPING page.

SHIPPING AND HANDLING RATES
Our customer-friendly shipping schedule is calculated on the ACTUAL WEIGHT of your shipment. Shipping and handling charges will be applied to all orders placed with us. If your order must be shipped in multiple boxes or in separate shipments in the event an item is not in stock and must ship at a later date, shipping and handling charges for the entire order will be assessed at the point when the first item is shipped. We charge only ONCE for shipping and handling, for the entire order. For more information regarding Shipping & Handling Rates please refer to our TOTAL COST OF OWNERSHIP table.

RISK OF LOSS
If the customer provides MDG with customer's carrier account number or selects a carrier other than a carrier that regularly ships for MDG, title to products and risk of loss or damage during shipment passes from MDG to customer upon shipment from MDG’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from MDG to customer upon receipt by customer. MDG retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MDG OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE ALL YOUR USE OF THE SERVICES. SOME LOCALITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND DEFEND MDG, IT OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, WHETHER A LAWSUIT OR OTHER PROCEEDING IS FILED, THAT IN ANY WAY ARISES OUT OF OR RELATES TO 1)?YOUR BREACH OR VIOLATION OF THIS TERMS OF SERVICE OR ANY APPLICABLE STATE OR FEDERAL LAW OR 2) YOUR USE OF THE SERVICES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THE TERMS OF SERVICE.

FORCE MAJEURE:
Unless otherwise required by applicable law, we are not responsible and will not incur liability to you for any failure, error, malfunction or any delay in carrying out obligations under this Terms of Service if such failure, error or delay results from causes that are beyond our reasonable control (including, but not limited to inclement weather, fire, flood, acts of war or terrorism, and earthquakes).

GOVERNING LAW/ENFORCEABILITY:
This Terms of Service and your account will be governed by federal law and, to the extent permitted by law and not preempted by federal law, the law of Delaware, without regard to its choice of law provisions. If any provision of this Terms of Service is determined to be void or unenforceable under any applicable law, rule or regulation, all other provisions of this Terms of Service will remain enforceable (except as specifically addressed in the arbitration provision). Our failure to exercise any of our rights under this Terms of Service will not be deemed to waive our rights to exercise such rights in the future. This Terms of Service is a final expression of the agreement between you and us and this Terms of Service may not be contradicted by evidence of any alleged prior oral agreement or of an alleged contemporaneous oral agreement between you and us.

ARBITRATION PROVISION
I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SUBSECTION (b) BELOW. If you are a “Covered Borrower” as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this agreement, this section (the “Arbitration Provision”) is not applicable, you do not need to opt out of or take any action to ensure inapplicability.

a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim (as defined below) be final and binding arbitration pursuant to this section, unless you opt out as provided in subsection (b) below. As used in this Arbitration Provision, "Claim" means any past, present, or future claim, dispute, or controversy involving you, on the one hand, and us (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Terms of Service, the Websites, Services and/or the activities or relationships arising from this Terms of Service, including (except to the extent provided otherwise in the last sentence of subsection (f) below) the validity or enforceability of this Arbitration Provision or the Terms of Service. Past, present, or future claims, disputes, or controversies regarding any other agreements, including, without limitation, any agreements for any other products or services, between you and us (or persons claiming through or connected with us and/or the subsequent holders) are subject to the Terms of Service and conditions of those specific other agreements, and the Terms of Service and conditions of those other agreements are not amended by this agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise.

b. You may opt out of this Arbitration Provision by sending an arbitration opt out notice to MDG, at MDG USA Inc., 3422 Old Capitol Trail, PMB #1993, Wilmington, DE 19808, Attention: Legal Department, which is received at this address within 30 days of the date of your electronic acceptance of the Terms of Service. The opt out notice must clearly state that you are rejecting arbitration; identify this Terms of Service; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. Any opt out notice sent under this subsection (b) will only affect your opt out of this Arbitration Provision in this agreement and will not affect an opt out, or any other aspect, of any other arbitration provision between you and us.

c. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Arbitration and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply.

d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.

e. Any award by an arbitrator shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.

f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction . Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Arbitration Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Arbitration Provision shall be determined exclusively by a court and not by the administrator or any arbitrator.

g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.

h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Terms of Service; and (ii) the bankruptcy or insolvency of any party or other person; If any portion of this Arbitration Provision other than subsection (f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in subsection (f) are finally adjudicated pursuant to the last sentence of subsection (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.

THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.

ARBITRATION OF DISPUTES, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO TRIAL AND JURY: I HAVE READ THE ARBITRATION PROVISION ABOVE CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THE ARBITRATION PROVISION HEREIN. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SUBSECTION (b) ABOVE. I ACKNOWLEDGE THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.

TIME LIMITATION ON CLAIMS
You and MDG or any subsequent holder, both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

CONSENT TO RECEIVE MARKETING EMAILS
You agree to receive periodic commercial/promotional communications from us electronically, including email to any email addresses you provide to us, to the extent permissible by law including, without limitation, information and offers from us and our trusted partners, or for such other purposes as we deem appropriate and as permissible by law. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions contained in such communication. This opt out will not apply to operational or informational emails related to your account. You may continue to receive promotional email messages for a short period while we process your request.

ACCESS RESTRICTION AND TERMINATION
Access and use of the Services, is expressly conditioned on your compliance with all relevant laws, regulations, contract obligations, and the Terms of Service. MDG may restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason in its sole and complete discretion. MDG reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services. If MDG terminates your account, you will not create another account without our permission.

This Terms of Service will apply until your account has been terminated. You may terminate your account at any time, subject to any restrictions regarding termination of your account related to the Services or any products you have agreed to, by providing us written notice at [email protected]

ASSIGNMENT
This Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MDG without restriction or limitations.

MISCELLANEOUS
Any provision in this Terms of Service that by its nature should survive the termination of your license to access the Services or any termination of the Terms of Service (including, without limitation, provisions governing arbitration, indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any termination. Waivers must be in writing and no waivers will be implied. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MDG failure to assert any right or provision under this Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service is held by an arbitrator or court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. Headings are for convenience only and the term “including” (and similar Terms of Service) will be construed without limitation.

NO THIRD-PARTY BENEFICIARIES.
This agreement is between you and MDG. No user has any rights to force MDG to enforce any rights it may have against you or any other user.

COVERED BORROWERS UNDER THE MILITARY LENDING ACT.
Notwithstanding any other provision of this Terms of Service, the Arbitration Provision, Limitations of Liability, and Time Limitation on Claims, and the waiver of defenses provision shall not apply to a "covered borrower" under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Terms of Service shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.

CHANGES TO THIS TERMS OF SERVICE
You agree that MDG may, at its sole discretion, modify this Terms of Service at any time without notice by adding new Terms of Service or amending existing Terms of Service. Such modifications will be effective as of the date that the updated Terms of Service are posted on the Services (“Effective Date”). By registering for, accessing, or using the Services after the Effective Date you agree to the modifications and to the Terms of Service as modified. If you do not accept the modifications, your sole remedy is to cease all use of the Services.

Effective as of [01/03/2023].