These Terms of Service (“Terms”) govern your access to and use of the MGM Products pricing lookup and quotation platform, including any associated websites, applications, APIs, portals, databases, content, and services (collectively, the “Platform”) provided by MGM Products (“MGM,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1. Purpose of the Platform

The Platform is intended to provide approved users with access to:

Product pricing lookup tools
Preliminary pricing information
Product configuration tools
Product and curb selection assistance
Quote generation functionality
Product specifications and related documentation
Account and project management features

All information provided through the Platform is subject to review, verification, and approval by MGM.

2. Eligibility and Authorized Use

You may use the Platform only if:

You are at least 18 years old;
You are authorized to act on behalf of your company or organization;
You have been granted access credentials by MGM; and
Your use complies with these Terms and all applicable laws.

MGM reserves the right to approve, deny, suspend, or revoke access to any user or organization at any time and for any reason.

3. Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your login credentials;
Restricting access to your account;
Ensuring all account information remains accurate and current; and
All activities occurring under your account.

You agree to notify MGM immediately of any unauthorized access, security breach, or misuse of your account.

MGM is not responsible for losses resulting from unauthorized account use.

4. Pricing Information and Quotations

4.1 Informational Nature of Pricing

Unless otherwise expressly stated in writing by MGM, all pricing, estimates, lead times, freight estimates, specifications, and product availability displayed on the Platform are:

Preliminary;
Subject to change without notice;
Non-binding;
Provided for informational purposes only; and
Subject to final review and approval by MGM.

4.2 Final Quotes and Orders

A price displayed within the Platform does not constitute a binding offer or contract.

No order shall be considered accepted unless and until MGM issues a final written confirmation, approved quotation, sales order, or invoice.

MGM reserves the right to:

Correct errors or inaccuracies;
Reject requests or orders;
Modify pricing;
Change specifications;
Revise freight charges;
Adjust lead times; and
Discontinue products at any time.

4.3 Freight and Shipping Estimates

Any freight, shipping, tax, or delivery estimates generated by the Platform are approximate only and may vary from final invoiced amounts.

Actual freight costs may be affected by:

Carrier availability;
Fuel surcharges;
Product dimensions;
Product weight;
Freight class;
Accessorial charges;
Delivery conditions; and
Market conditions.

5. Product Configuration and User Inputs

Users are solely responsible for verifying:

Dimensions;
Equipment compatibility;
Structural requirements;
Wind and seismic requirements;
Roof conditions;
Site conditions;
Local code compliance;
Utility requirements; and
Any project-specific engineering considerations.

MGM is not responsible for inaccuracies caused by incomplete, incorrect, or inconsistent user-provided information.

Use of the Platform does not replace the need for proper engineering review, field verification, or professional judgment.

6. Intellectual Property

All content, software, designs, graphics, data structures, nomenclature systems, workflows, algorithms, product data, CAD-related assets, and other materials made available through the Platform are owned by or licensed to MGM and are protected by applicable intellectual property laws.

Except as expressly authorized by MGM, you may not:

Copy;
Modify;
Reverse engineer;
Scrape;
Distribute;
Republish;
Sell;
License; or
Create derivative works from

any portion of the Platform.

No ownership rights are transferred to users through use of the Platform.

7. Acceptable Use Restrictions

You agree not to:

Use the Platform for unlawful purposes;
Attempt unauthorized access to systems or accounts;
Circumvent security measures;
Introduce malware or malicious code;
Interfere with Platform performance;
Use automated scraping tools, bots, or crawlers;
Access data not intended for you;
Share confidential pricing with unauthorized parties;
Use the Platform to develop competing systems; or
Misrepresent your identity or affiliation.

MGM reserves the right to monitor usage and investigate violations.

8. Confidentiality

Certain pricing, specifications, product information, engineering information, and documentation available through the Platform may be confidential or proprietary.

You agree to:

Use confidential information only for legitimate business purposes;
Prevent unauthorized disclosure;
Limit access to authorized personnel; and
Comply with any additional confidentiality obligations communicated by MGM.

Confidential information may not be shared publicly or with competitors without MGM’s written consent.

9. Availability and Modifications

MGM does not guarantee uninterrupted or error-free operation of the Platform.

We may:

Modify features;
Change functionality;
Suspend access;
Restrict usage;
Remove content; or
Discontinue the Platform

at any time without notice.

Maintenance, outages, third-party service interruptions, or technical issues may affect availability.

10. Third-Party Services and Integrations

The Platform may integrate with or reference third-party systems, software, or services, including but not limited to:

ERP systems;
Freight providers;
CAD tools;
Payment systems;
Authentication providers; and
Cloud hosting services.

MGM is not responsible for the availability, accuracy, security, or performance of third-party services.

Your use of third-party services may be subject to separate terms and conditions.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MGM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY; AND
ERROR-FREE OPERATION.

MGM DOES NOT WARRANT THAT:

THE PLATFORM WILL MEET YOUR REQUIREMENTS;
THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION;
DEFECTS WILL BE CORRECTED; OR
RESULTS GENERATED BY THE PLATFORM WILL BE COMPLETE OR ACCURATE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MGM SHALL NOT BE LIABLE FOR ANY:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
CONSEQUENTIAL DAMAGES;
LOSS OF PROFITS;
LOSS OF BUSINESS;
LOSS OF DATA;
LOSS OF OPPORTUNITY; OR
BUSINESS INTERRUPTION

ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS.

IN NO EVENT SHALL MGM’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY.

13. Indemnification

You agree to defend, indemnify, and hold harmless MGM, its affiliates, officers, employees, agents, and representatives from and against any claims, damages, liabilities, losses, costs, or expenses arising from:

Your use of the Platform;
Your violation of these Terms;
Your misuse of pricing or product information;
Your violation of applicable law; or
Your infringement of third-party rights.

14. Privacy and Data Collection

By using the Platform, you acknowledge that MGM may collect and process:

Account information;
Usage data;
Device information;
IP addresses;
Project-related information; and
Other operational or analytics data.

Such information may be used for:

Security;
Platform improvement;
Technical support;
Analytics;
Product development; and
Business operations.

Use of the Platform is also subject to MGM’s Privacy Policy.

15. Data Accuracy and Retention

While MGM attempts to maintain accurate and current information, we do not guarantee that all Platform content is complete, current, or error-free.

MGM reserves the right to:

Retain submitted project data;
Archive historical quotes;
Remove inactive accounts; and
Delete data at its discretion.

Users are responsible for maintaining their own records and backups.

16. Termination

MGM may suspend or terminate access to the Platform immediately and without notice if:

You violate these Terms;
Your account presents a security risk;
Your organization’s relationship with MGM changes; or
MGM determines continued access is not appropriate.

Upon termination:

Your right to access the Platform ceases immediately; and
Certain provisions of these Terms shall survive termination.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles.

Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Georgia.

18. Changes to These Terms

MGM may revise these Terms at any time.

Updated Terms become effective upon posting to the Platform unless otherwise stated.

Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

19. Entire Agreement

These Terms constitute the entire agreement between you and MGM regarding the Platform and supersede any prior understandings or agreements relating to the subject matter herein.

20. Contact Information

Questions regarding these Terms may be directed to:

MGM Products
1080 Culpepper Dr, Conyers, GA 30094 support@mgmproducts.com
770-483-0055

21. Additional Terms for Authorized Dealers and Representatives

If you are an authorized dealer, sales representative, distributor, or reseller of MGM products, additional agreements, dealer terms, pricing policies, MAP policies, confidentiality obligations, or credit terms may apply.

In the event of a conflict between these Terms and a separately executed written agreement with MGM, the written agreement shall control.

22. Beta Features

Certain Platform features may be identified as beta, pilot, preview, experimental, or early-access functionality (“Beta Features”).

Beta Features may:

Contain bugs or inaccuracies;
Be incomplete;
Change substantially;
Produce incorrect outputs; or
Be discontinued without notice.

Use of Beta Features is at your own risk.

23. Electronic Communications

By using the Platform, you consent to receive electronic communications from MGM, including:

Account notices;
Security alerts;
System notifications;
Quote updates;
Product communications; and
Administrative messages.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

24. Force Majeure

MGM shall not be liable for delays or failures resulting from causes beyond its reasonable control, including:

Natural disasters;
Labor disputes;
Utility interruptions;
Internet outages;
Cyberattacks;
Supply chain disruptions;
Government actions;
Carrier delays; or
Material shortages.

25. Export Compliance

You agree to comply with all applicable export control laws and regulations related to your use of the Platform and any associated technical information.

You may not use or access the Platform in violation of U.S. export laws or sanctions.

Acknowledgment

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE.

MGM Products, Inc.

Terms of Service