These conditions govern all bookings made with Mockingbird Management Group LLC. or its affiliated entities. Mockingbird Management Group LLC is registered in Maryland, USA whose registered office is at 1910 Towne Centre Blvd, Annapolis, MD, 21401. You (“you“ “individual requesting booking“ and all members of your party collectively called “guests“) accept these conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others.
1.1 Booking Confirmation
Any booking, will only be confirmed when payment has been made in accordance with the terms specified in your reservation details unless otherwise agreed. Restrictions may apply, including, but not limited to, minimum night stay and age or pet restrictions; you will be advised of these at the time of booking where applicable. We reserve the right to refuse any booking at any time. All guest names and contact telephone numbers are required at the time of booking for security and health and safety reasons. As soon as your confirmation and invoice are received, please check the details carefully and let us know immediately if anything is incorrect. We are unable to accept any liability if we are not notified of any inaccuracies at the time of the confirmation.
1.2 Special Requests
Mockingbird Management Group is in the business of providing surprisingly superior service and we will do what we can to help guests with special requirements. Please ensure we are made aware in writing, of any special requirements at the time of booking so we can help you select the most suitable apartment for your needs. Although we will strive to meet any reasonable requests no guarantees can be given that any request will be met. We cannot accept reservations which are conditioned on particular requests.
1.3 Group Bookings
We consider a group to be five or more apartments being booked in the same city for similar dates or at the same property. Special conditions may apply and these will be advised at the time of booking. Cancellation charges will differ and will be advised at the time of booking.
Payment is required at the time of booking unless otherwise agreed or set forth in the reservation details. If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made. Any late payments will result in interest being charged at 2% above your final cost, based on the rate for the period concerned.
2.2 Security Deposit
A Security Deposit to cover “additional charges “, including breakages, damages, extra cleaning and further accommodation charges incurred during your stay, may be taken and you will be advised if this is the case at the time of enquiry.
2.3 Payment of Additional Charges
Valid credit/debit card details must be supplied at the time of booking in case of any incidentals or to cover “additional charges”.
In case of any additional charges, we will supply a written statement of what these are, including photographic evidence, where applicable. These charges will be deducted from any Security Deposit held or from a debit/credit card supplied and any balance on the Security Deposit will be refunded. In the event that payment under a debit/credit card is declined, Mockingbird Management Group will attempt to charge the card again and if still declined, Mockingbird Management Group reserves the right to terminate the booking, withhold the Security Deposit in consideration of payment of Rent and seek to exclude Guests from the Apartment until all charges due are promptly paid.
The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates in line with market prices. Prior to the booking being confirmed rates quoted are based on the rates prevailing at the time but may be subject to change. Once a booking has been confirmed we will not change the rate quoted unless you amend the booking dates or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control.
4.1 Changes, Extensions and Cancellations
All requests for changes, extensions and cancellations must be made in writing directly to your Mockingbird Management Group representative. Failure to extend, cancel or modify your reservation or booking directly with Mockingbird Management Group may result in you being liable to pay us the full amount of the booking.
If you wish to change any detail of your confirmed booking Mockingbird Management Group will use all reasonable efforts to make the change. All changes of dates are subject to availability. Should any change be rejected, you will be responsible for the original booking. Name changes or child age changes will not incur any charges or administration fees.
If you wish to extend a reservation please give your Mockingbird Management Group representative as much notice as possible in order to facilitate your request. All extensions are subject to availability and potential rate change. Where notice to extend a stay has been given, we will only confirm this only when additional payment has been made in accordance with your booking details.
4.4 Cancellations and Early Departures
Your cancellation policy is clarified at the time of enquiry or booking and upon request.
Early Departures: Mockingbird Management Group reserves the right to treat an early departure or reduction in the number of nights or apartments booked as a cancellation and apartments may then be re-let and cancellation charges will apply. If pricing is provided based on a minimum length of stay and the total number of nights reduces as a result of early departure, we reserve the right to increase the rate per night, retrospectively, from the first day of the reservation.
Non-arrivals: will be treated as a cancellation and you will be responsible for the cancellation fee.
Please note that transaction fees are not refundable in the event of a cancellation.
4.5 Notice Period
Your notice to vacate and cancellation policy is unique to the property you reserve. Mockingbird Management Group will communicate this policy to you via email at the time of booking.
Lessee/Occupant(s) shall not sublet all or a portion of the premises or assign the Agreement without the prior written consent of Mockingbird Management Group. Any sublet or assignment will not release Lessee/Occupant(s) from liability.
5.1 Changes by Us
We do not expect to have to make any changes to your booking however occasionally bookings have to be changed or canceled or errors in information or other details corrected and we reserve the right to do so. If this does happen, we will let contact you as soon as possible. If a change must be made or your booking must be canceled we will, where possible, offer you an alternative apartment of similar type and standard in a similar location for the same period. If you do not wish to accept a change or any alternative apartment offered or we cannot offer you a suitable alternative apartment, you may be entitled to cancel your booking and receive a refund unless this is the result of an Event beyond our Control – see below. You should tell us as soon as possible whether you wish to accept any change or alternative apartment offered or alternatively if you want a refund.
Events beyond our control include but are not limited to the following: an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal or revocation of any license or consent), fire, flood, lightning, explosion, fog or bad weather, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo, blockade.
We cannot accept liability for the theft and/or damage of your personal belongings during your stay. Therefore we advise you to take appropriate renters insurance. In addition, we advise you to ensure you have taken appropriate travel insurance to cover any unexpected cancellation or medical expenses.
Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith but you acknowledge that we cannot check the accuracy of all information provided. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites. Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown. Actual apartment size, design, fixtures, furnishings and facilities may vary.
If you choose to book an apartment operated by one of Mockingbird Management Group's supplier partners, unless otherwise agreed, Mockingbird Management Group acts solely as an intermediary between you and the supplier for the duration of these reservations, and any additional terms and conditions of that supplier will apply to this booking. Upon request, we will endeavor to make any additional terms and conditions applicable to your booking available to you.
9.1 Your Accommodation
All apartments are offered as serviced apartments and are only to be used as temporary or holiday accommodation for you, or your company. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or an assured shorthold or assured tenancy. No relationship of landlord and tenant is created and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment.
We cannot guarantee an exact apartment number prior to arrival. The maximum number of guests in an apartment is determined by the number of beds in the apartment. If the maximum number is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional apartments.
9.2 Check-in and Check-out Times
Apartments are usually available from 4pm on the day of arrival to 11am on the day of departure. Some properties may differ in their arrival and departure times - we will clarify this if applicable. Early arrival or late departure may be available for an additional charge but in most cases, they cannot be guaranteed unless booked from the night before arrival or for the night after departure.
9.3 Key Collection
Key collection details will be provided prior to arrival in your welcome letter. Some of our apartments don’t have a 24h reception desk, therefore it is mandatory that you tell us the date and time of your arrival so that we may arrange a personal meet & greet service in order to hand over your keys. In these cases it essential that you let us or our supplier know ahead of time if you anticipate any delays or changes to your arrival day/time so that we can re-organize the meet & greet service.
The procedure for departure will be confirmed in advance of your departure date.
Pets are permitted in specific apartments only if Mockingbird Management Group gives prior approval. Occupant must comply with any and all terms and restrictions pertaining to pets as denoted by the property of residency. A supplemental non-disclosure fee of at least $400.00 will be assessed and immediately due if Mockingbird Management Group is aware of a pet on the premises that has not been authorized by Mockingbird Management Group. The non-disclosure fee will be in addition to pet fees required by the property of residency and Mockingbird Management Group may at any time and with immediacy terminate this agreement with respect to occupants who refuses to comply with all applicable pet terms. Any and all damage costs or excess cleaning costs related to any pet in any unit will be the financial responsibility of the occupant upon move out or later discovery by Mockingbird Management Group, and all such damages or costs will be in addition to the Pet Fee.
10.1 Facilities and Services
The following information applies to select Mockingbird Management Group operated apartments.
Housekeeping: If your apartment includes cleaning services you will be notified of the cleaning schedule upon request. If the cleaners cannot gain access to your apartment for any reason during the regular cleaning day/time, please be informed that a clean may not be able to be rescheduled during the same week. Should you wish to reschedule during the same week there may be an additional charge. However, regular services will be expected to continue the following week. If for any reason you wish to change your regular clean, we must be notified in writing at least 48 working hours in advance (for example, if your clean is on a Monday, we must be notified no later than Thursday with regards to any change of date). If you wish to have your apartment cleaned more regularly additional charges will apply; to be confirmed upon request.
Apartment Access: Routine maintenance is carried out regularly by the property’s management team. In the event access is required, we will attempt to notify you at least 24 hours in advance, except in the event of an emergency when we require immediate access.
Telephone: Where telephones are provided in apartments guests are responsible for all call charges incurred during their stay unless otherwise agreed. In some cases, the call charges are provided by a third-party supplier and guests are responsible for setting up an account with the provider direct.
Internet Access: Information about Internet access will be provided at time of booking and on arrival. Access is subject to Mockingbird Management Group’s acceptable use policy and at peak times the bandwidth available for connection to the Internet may be under pressure due to the number of people connecting to the Internet, both internally and externally. Mockingbird Management Group recommends that activities requiring increased bandwidth such as Skype, Movie/TV streaming is limited at these times. Guests must not interfere, move or disconnect any equipment relating to the provision of the Internet access and must not use the connection for any illegal or immoral purpose (including but not limited to file sharing) and Mockingbird Management Group reserves the right to pass on any record to the authorities should Mockingbird Management Group be made aware of any such use. Mockingbird Management Group reserves the right to disconnect a guest at any time without notice if, in Mockingbird Management Group’s opinion they breach any of these terms and conditions.
Keys: Guests will be provided with a set of keys/fobs/access card to access the property and the apartment and parking space, where applicable. Additional sets can be provided on request. It is your responsibility to ensure you are in possession of these at all times and that they are returned at the end of your stay. An additional charge will be made for replacements and if we are required to provide access due to lost or forgotten keys.
Interruption to services: We will make every effort to ensure that guests enjoy a peaceful stay, however, cannot guarantee or be held responsible for any failure or interruption of services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband/ internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property. Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time at our apartments, and will use reasonable endeavours to ensure any preferred supplier is made aware of, and rectifies, such problems within a reasonable period.
Emergency Services: Our suppliers are available to ensure your stay is as comfortable and enjoyable as possible. Contact details for after-hours needs are made available in your welcome letter.
11.1 Health and Safety
Health and Safety of all our guests is paramount to us. On arrival, you should familiarize yourself with the layout of the apartment and building and the health and safety procedures specific to your apartment.
12.1 Quality and Feedback
We are committed to providing superior service. We welcome your feedback and you will be asked to complete a guest satisfaction survey upon arrival as well as after departure. We value this feedback which provides us with useful information on how we can improve our services further.
In the unlikely event that you are dissatisfied with any aspect of your accommodation please notify Mockingbird Management Groups’s management team as soon as possible. If you do not give us the opportunity to resolve a problem during your stay, this may affect the final outcome of any complaint received. We aim to deliver an exceptional experience, but in the unlikely event that you are dissatisfied with our service, please contact us by email at: firstname.lastname@example.org
Mockingbird Management Group will not rent or sell your personal information to others but may disclose personal information with third-party vendors and service providers that work with Mockingbird Management Group. We will only share personal information with these vendors and service providers to help us provide a better product or service to you in furtherance of the relationship you desire to have with Mockingbird Management Group. Mockingbird Management Group may disclose your information to others with that purpose in the following ways:
We reserve the right to change these conditions from time to time. If guests are in breach of any of these conditions, we reserve the right to request that guests vacate their apartment immediately. These conditions shall be governed by and construed in accordance with the laws of Maryland and the Courts of Maryland shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these conditions and any matter arising from them.
Domestic Introduction and Agreement
These Terms of Service apply to the services offered by Mockingbird Management Group LLC in connection with the mockingbirdmanagementgroup.com, Mockingbird Management Group branded websites, affiliated websites that are both directly linked from this website and display a link to these Terms of Service, and related mobile applications (collectively the “Site”). Any individual who visits, views, accesses or uses any version of the Site, including through a bot or other automated means, (“You” or “User”) is bound by these Terms of Service. By using the Site, You represent and warrant that you are at least eighteen (18) years of age and You hereby agree to be bound by all of the following provisions of these Terms of Service, which form a legally binding contract between You and Mockingbird Management Group. If You do not agree to these Terms of Service, You are prohibited from accessing the Site and must immediately discontinue use.
We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records. By accessing the Site You do so on your own initiative and You are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Site, you acknowledge that published rents, availabilities, and amenities are subject to change at the sole discretion of the property owner, manager, or sublandlord at any time and without further notice. We provide the material available through this Site for informational purposes only. You may use the content, information, data and materials from, and the products and services available through, this Site solely for Your use. Before You act on any such content, information, data and materials You have found on, or purchase any products or services available through, this Site, You should independently confirm any facts that are important to Your decision. If you rely on any information, product, or service available through this site, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any information, product or service.
All information and content available on this Site (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials are owned by Mockingbird Management Group and its affiliates, and/or their respective vendors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Mockingbird Management Group.
The trademarks, trade names and service marks (the "Marks") displayed on this Site are the property of Mockingbird Management Group or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Mockingbird Management Group or such third party which may own the Mark. All rights, titles, and interests in and to the Site, and all Materials and Marks thereof, are owned and reserved by Mockingbird Management Group and its Licensors. All rights not expressly licensed hereunder are reserved by Mockingbird Management Group and its Licensors.
The Site may from time to time include information and referrals to local areas, including dining, shopping or other events, or local vendors, or links to search engines or directories for locations. Mockingbird Management Group does not warrant the accuracy or completeness of any links, venues, establishments or vendors included by any links on this Site for identified locations and Mockingbird Management Group disclaims any responsibility for the content or availability of any information contained in any link, search index, or directory offered in connection with the Site.
Mockingbird Management Group reserves the right in its sole discretion to enhance, modify, or remove any information or content appearing on the Site. Mockingbird Management Group also reserves the right to cancel or modify the availability, any property, any location, and any reservations from Mockingbird Management Group where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
The Site may contain information on Mockingbird Management Group’s services, not all of which are available in every location. The Site may contain technical inaccuracies or typographical errors or omissions. Mockingbird Management Group is not responsible for any typographical, photographic, technical or pricing errors (including without limitation mistaken rates) listed on our Site. Mockingbird Management Group reserves the right to make changes, corrections and/or improvements to the Site and to the products and programs described in such information, at any time without notice.
The services, products and programs mentioned on the Site are subject to availability. For specific unit availability and program information, please contact a Mockingbird Management Group representative.
All software contained in this Site is owned by Mockingbird Management Group, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the software on the Site is expressly prohibited by law and may result in civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Unsolicited Submissions of Content
While Mockingbird Management Group does not claim ownership of any comments or suggestions that you may submit to Mockingbird Management Group, by submitting a comment or suggestion or any other material to Mockingbird Management Group, you hereby authorize and grant to Mockingbird Management Group and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sub-licenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such comment, suggestion or material, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, Mockingbird Management Group and its affiliated entities will have the right (including the right to grant sub-licenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format the comment, suggestion or material in any manner that Mockingbird Management Group may determine. By submitting a comment, suggestion or material, you represent and warrant to Mockingbird Management Group that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain and that such comments, suggestions or materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You agree to release, defend, indemnify and hold Mockingbird Management Group, its affiliates, licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising from (i) or in any way connected with these Terms of Service, (ii) the services or products provided to you by the Site or any related act or failure to act by You and whether or not occasioned or contributed to the negligence of Mockingbird Management Group or any agent or employee of the indemnified parties identified above (except to the extent prohibited by applicable law), (iii) Your use of the Site or any reliance on the Materials, (iv) Your breach of these Terms of Service, or (v) any actual, prospective or terminated lease or other transaction between You and a third party.
In the event that any Claim is made or any action or proceeding is brought against the indemnified parties identified above (the “Indemnified Parties”), or any of them, arising out of or connected with these Terms of Service, any such Indemnified Party may, by reasonable notice to You, require You, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval will be deemed to have been given hereby in the case of counsel acting for Your insurance underwriters engaged in such resistance or defense. You will cooperate with us in the defense of any Claim. Mockingbird Management Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
Mockingbird Management Group reserves the right to cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any Users, including without limitation, any User who violates, or is suspected of violating, these Terms of Service. Mockingbird Management Group may disclose your information to such law enforcement officials and/or agencies if requested to do so or if required by law.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. MOCKINGBIRD MANAGEMENT GROUP, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, AND THE MATERIALS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND MOCKINGBIRD MANAGEMENT GROUP, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT. MOCKINGBIRD MANAGEMENT GROUP AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT OR PROPERTY AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED AVAILABILITIES, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT OR PROPERTY APPEARING ON THE SITE. MOCKINGBIRD MANAGEMENT GROUP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. MOCKINGBIRD MANAGEMENT GROUP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL APARTMENTS AND PROPERTIES ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT OR PROPERTY MUST BE ADDRESSED WITH THE LANDLORD, SUB-LANDLORD, AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT OR PROPERTY. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
Limitation of Liability
MOCKINGBIRD MANAGEMENT GROUP, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, THE MATERIALS, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF MOCKINGBIRD MANAGEMENT GROUP, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO MOCKINGBIRD MANAGEMENT GROUP. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NATIONAL AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOCKINGBIRD MANAGEMENT GROUP CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to You.
Termination of Service
You understand and agree that in Mockingbird Management Group’s sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and Mockingbird Management Group may exercise any other remedy available, if it believes that Your use of the Site (a) violates (i) these Terms of Service, (ii) the rights of Mockingbird Management Group, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Mockingbird Management Group for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that Mockingbird Management Group post a bond. Mockingbird Management Group is not required to provide any refund to You if Your use is terminated as a result of Mockingbird Management Group’s determination, in its sole discretion, that You have violated these Terms of Service. Notwithstanding any termination hereunder, You acknowledge and agree that those rights and obligations which by their nature are intended.
Mockingbird Management Group may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to the Site must be exclusively filed in the federal or state courts located in Maryland, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Maryland, and waive any objection based on forum non-conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Mockingbird Management Group to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and Mockingbird Management Group have entered into a separate written Mockingbird Management Group contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE IMMEDIATELY.