Terms of Use
(Last Updated 12/29/2025 )
IMPORTANT! THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE COMMERCIALCONTROLSGROUP.COM WEBSITE (“WEBSITE”) PROVIDED BY MINGLEDORFF’S, INC. AND ITS SUBSIDIARIES AND AFFILIATES (THE “COMPANY”). BY ACCESSING, USING, REGISTERING FOR OR PURCHASING PRODUCTS FROM THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATIONS, THE FOLLOWING TERMS.
1. Acceptance of the Terms of Use. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement incorporated therein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVUDLA BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT USE THE WEBSITE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE AND SERVICES.
This Website is offered and available only to users who are of legal age and status to form a binding contract and reside in the United States or any of its territories, though please note that our Website is intended for use only by persons who either reside within the states of Alabama, Florida, Georgia, Mississippi, and South Carolina or whose interaction with the Company or Website are for purposes of a business transaction or potential transaction related to the Company’s provision of goods and services within these five states. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Permitted Use. Company grants you a limited, personal, non-exclusive, non-transferable license to use the Website for your own personal, internal business use. You may use the Website for lawful purposes only. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates the law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such information or materials. You will not and will not authorize any other person to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or
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portion thereof will appear on the same screen with a portion of another website). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease. This Website is not intended to be accessed by any person who seeks or intends to access the Website for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the Website in order to investigate, evaluate, test, and/or assess the Website’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the Website discloses data to third parties without proper disclosure or consent), or for the Website of creating, establishing, or gathering evidence to support claims against the Company under such laws. Even if you are accessing the Website for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the Website if one of the purposes for which you are accessing the Website is to investigate, evaluate, test, and/or assess the Website’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against the Company under such laws. By accessing the Website and accepting these Terms of Use, you agree that you are not accessing the Website for such purposes, and if you do access the Website for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the Website, (b) you have consented to our disclosure of any data collected about you or your interaction with the Website to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the Company from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the Website.
3. Trademarks. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Company and its licensors, content providers, and business partners. Nothing contained on the Website should be construed as granting by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such party that may own the Trademark. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms, is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
4. Proprietary Information. The content accessible within the Website, including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links, product specifications, product information and specifications, pricing and other information (collectively, the “Content”) is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. You will not remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
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5. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the U.S. or other countries). - For the purpose of exploiting, harming or attempting to exploit or harm minors in
any way. - To transmit, or procure the sending of, any advertising or promotional material
without our prior written consent, including any “junk mail”, “chain letter” or
“spam” or any other similar solicitation. - To impersonate or attempt to impersonate the Company, a Company employee,
another user or any other person or entity (including, without limitation, by using
e-mail addresses or screen names associated with any of the foregoing. - To impersonate or pretend to be anyone else while using this Website.
- To pretend that you represent another person, organization, or entity that you
have not been authorized by that person, organization, or entity to represent
through this Website. - To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website or expose them to liability. - You agree not to intentionally submit or transmit inaccurate information through
this Website.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair
the Website or interfere with any other party’s use of the Website, including their
ability to engage in real time activities through the Website. - Use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website. - Use any manual process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without our prior written consent. - Use any device, software or routine that interferes with the proper working of the
Website. - Introduce any viruses, trojan horses, worms, logic bombs or other material which
is malicious or technologically harmful. - Attempt to gain unauthorized access to, interfere with, damage, or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website. - Attack the Website via a denial-of-service attack or a distributed denial-of-
service attack. - Otherwise attempt to interfere with the proper working of the Website.
6. Indemnity. You will indemnify and hold the Company, its licensors, content providers, service providers and contractors, and their employees, agents, officers and directors (collectively the “Indemnified Parties”) harmless from your breach of these Terms and your use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or
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unauthorized use, and agree to indemnify any and all resulting loss, damages, judgments, awards costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.
7. Disclaimers. Your use of and browsing in the Website are at your sole risk. THE WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, PRODUCT INFORMATION OR CONTENT WILL BE ERROR FREE OR UNINTERRUPTED; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PRODUCT INFORMATION OR CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE. Some jurisdictions may not allow the exclusions of certain implied warranties, so some of the above exclusions may not apply to you. The Company does not guarantee or warrant the files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
8. Limitation of Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS (COLLECTIVELY THE “COMPANY AND ITS AFFILIATES”) WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS
OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR USE OF OR ACCESS TO THE WEBSITE, CONTENTS OR
INABILITY TO USE THE WEBSITE, OR OTHERWISE ARISING IN CONNECTION
WITH THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF THE COMPANY AND ITS AFFILIATES (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE
APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR
IF YOU HAVEN’T MADE ANY PAYMENTS TO COMPANY, THEN THE
LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED $100.
9. License. By communication with the Company (by email or otherwise) or participating
in any discussion forum, you grant the Company an irrevocable, non-exclusive,
transferable and world wide royalty-free right and license to use, reproduce, modify,
adapt, translate, publicly perform, and display, distribute, sublicense, create derivative
works from, and sell any information, message, suggestion, idea or concept you
communicate to the Company or post on the Website (in whole or in part) for any
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purpose the Company chooses, commercial, public or otherwise. Any unauthorized use
of the Website and their contents terminates the license granted hereby. Please review
our Privacy Statement to see how we collect and use personal information.
10. Links. This Website may contain hyperlinks to websites operated by third parties other
than the Company. Such hyperlinks are provided for your references only. The
Company does not control such third-party websites and is not responsible for their
content or the products and services offered on the third-party websites. The Company’s
inclusion of the hyperlinks to such websites does not imply any endorsement of the
material on such website or any association with their operations. Operators of the other
websites may not maintain links to this Website without the Company’s prior written
consent. If you decide to access any of the third-party websites linked to this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites. The Company reserves the right to prohibit other websites from linking to this
Website.
11. Changes. The Company has the right at any time to change or discontinue any aspect or
feature of the Website. These Terms are subject to change by the Company at any time
in its discretion. However, any changes to the dispute resolution provisions set forth in
the “Arbitration” section below will not apply to any disputes for which the parties have
actual notice on or prior to the date the change is posted on the Website, but such changes
will apply to claims based on your access and use of the Website after the change to the
”Arbitration” section is posted to the Website. Your continued use of the Website after
such changes are implemented constitutes your acceptance of the changes. You are
expected to check this page each time you access this Website, so you are aware of any
changes, as they are binding on you. Please consult these Terms regularly.
12. Submissions. All employment applications, requests for services, free estimates, contact
information submissions, search terms typed into any search feature on the Website, and
other contents which you provide to the Company, will be regarded as provided on a non-
confidential basis. The Company reserves the right to use this information at its
exclusive discretion. The Company is not subject to any obligation (i) to treat the
submissions as confidential or (ii) to respond to any submissions.
You are responsible for ensuring that none of your submissions infringe the rights of third
parties (including copyright, trademark, patent, commercial secrecy, privacy or other
personal rights or intellectual property rights) and to that extent indemnify the Company
from all claims of third parties, including attorneys’ fees.
13. Geographic Restrictions. The owner of the Website is based in the State of Georgia in
the United States. We provide this Website for use only by persons located in the states
of Alabama, Florida, Georgia, Mississippi, and South Carolina or by persons whose
interaction with the Website or the Company is for purposes of a business transaction or
potential transaction related to the Company’s provision of goods and services within
these five states. The Company does not target, market to, or offer its products or
services to customers outside of these five states. You agree not to submit your
personally identifiable information through the Website if you reside outside these five
states unless if the purpose of your interaction with the Company or the Website is for
purposes of a business transaction or potential transaction related to the Company’s
provision of goods and services within these five states. You further agree not to submit
your personally identifiable information at all through the Website if you reside outside
the United States. We make no claims that the Website or any of its content is accessible
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or appropriate outside of the United States. Access to the Website may not be legal by
certain persons or in certain countries. If you access the Website from outside the United
States, you do so on your own initiative and are responsible for compliance with local
laws.
14. Choice of Law and Forum. By using this Website, you agree that the laws of the
United States and the laws of the State of Georgia govern these Terms of Use and any
claim or dispute you may bring against the Company. You also agree that any arbitration
arising from these Terms of Use will be held in accordance with the Federal Arbitration
Act.
Subject to the Dispute Resolution procedure stated below, any legal suit, arbitration,
action or proceeding arising out of, or related to, these Terms of Use or your use of the
Website shall be instituted exclusively by final and binding arbitration conducted in
Gwinnett County, Georgia, unless the parties agree otherwise. You and the Company
consent to the exclusive personal jurisdiction of such state and federal courts and
arbitrators, agree that venue will be proper in such courts or in front of such arbitrators,
and waive any objections based upon forum non conveniens. The choice of forum set
forth in this Section shall not be deemed to preclude the enforcement of any action under
this Terms of Use in any other jurisdiction.
15. Arbitration and Dispute Resolution.
a. By accessing and/or using this Website, you agree to try to settle any dispute
with the Company arising from or related to your use or access of this Website
by sending a letter describing the basis for the dispute and allowing the Company
at least 30 days to respond after the Company will have received your letter. If
you want to send such a letter to the Company, send it to
marikit.gregg@mingledorffs.com. The Company will respond to you at the
address the Company has on file for you.
b. The parties will cooperate and attempt in good faith to resolve any dispute or
claim arising out of or relating to this arbitration agreement or the construction,
interpretation, performance, breach, termination, enforceability, or validity
thereof, or arising out of or relating to your use of or access to the Website.
c. You and the Company agree to attempt to resolve the dispute under the terms
described in the preceding paragraph before you or the Company will commence
any litigation or file a claim against the other party.
d. By accessing and/or using this Website, you unconditionally agree that any
dispute which cannot otherwise be resolved as provided above after the parties
have negotiated the resolution of the dispute for at least fifteen (15) business days
will be decided entirely by binding arbitration on an individual basis, which
means you and the Company waive the right for a judge or jury to decide
such claims and means that your may not proceed in a class, collective, or
consolidated capacity. Your rights and the Company’s rights during the
arbitration process may be more limited than the rights you or the Company
would have in civil trial or appellate courts. The Federal Arbitration Act and
federal arbitration law apply to this arbitration agreement.
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e. At the beginning of any arbitration process under this arbitration agreement, you
and the Company will need to select an arbitrator by mutual agreement. The
arbitrator shall be a retired federal judge or judge of the state court of general
jurisdiction, or another qualified and impartial person that you and the Company
decide upon. In the event you and the Company cannot agree on the selection of
an arbitrator, the Company will select an alternative dispute resolution provider
and request from that provider a list of an odd number of potential arbitrators.
From that list you and the Company will alternatively strike arbitrators, with the
Company going first, until one arbitrator is left. That arbitrator shall be the
arbitrator who will hear the case. If you and the Company cannot agree on an
alternative dispute resolution provider, an arbitrator will be appointed according
to law. Payment of all filing, administration and arbitrator fees will be governed
by the selected arbitrator’s or alternative dispute resolution provider’s applicable
rules.
f. The arbitrator shall have the same authority as a state or federal court would have
to issue subpoenas to third parties for production of documents and for
depositions, in addition to subpoenas to appear at any arbitration hearing. In any
arbitration proceeding under this arbitration agreement, all rules of pleading
under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and
all rights to resolution of the dispute by means of motions for summary
judgment, judgment on the pleadings shall apply and be observed, unless you and
the Company agree otherwise. The arbitrator shall have the immunity of a
judicial officer from civil liability when acting in the capacity of an arbitrator,
which immunity supplements any other existing immunity. Likewise, all
communications during or in connection with the arbitration proceedings shall be
privileged. The arbitrator’s award(s) shall include the arbitrator’s written
reasoned opinion. Resolution of all disputes shall be based solely upon the law
governing the claims and defenses pleaded, and the arbitrator may not invoke any
basis (including but not limited to, notions of “just cause”) other than such
controlling law.
g. You and the Company each agree to bring any dispute in arbitration on an
individual basis only, and not on a class, consolidated, representative or
collective action basis. This arbitration agreement shall not be construed to allow
or permit the consolidation or joinder of claims of other claimants, or to permit
such claims to proceed as a class, representative, or collective action. If for any
reason a claim proceeds in court rather than in arbitration, we each waive
any right to a jury trial or to participate in a class action against the other.
No arbitrator shall have the authority under this arbitration agreement to order
any such class or collective action. Any dispute regarding the validity, scope, or
enforceability of this arbitration agreement, or concerning the arbitrability of a
particular claim, shall be resolved by a court, not by the arbitrator. You agree to
waive any substantive or procedural rights that you may have to bring or
participate in an action brought on a class or collective basis.
h. The arbitral award will be final and binding. The parties waive any right to
appeal the arbitral award, to the extent a right to appeal may be lawfully waived.
i. Each party will bear its own fees, costs and expenses of the arbitration, and its
own legal expenses, attorneys’ fees, and costs of all experts and witnesses,
provided, however, that the arbitrator may award arbitration costs, including
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legal, auditing, and other fees to the prevailing party in the arbitration proceeding
if the party prevails on a claim based on a statute or contract that provides for
award of such attorneys’ fees and costs to the prevailing party. The parties agree
to use any mass arbitration rules and fee schedule of the selected arbitration
forum, if available and if applicable, including if such rules or fee schedule
become applicable after the commencement of arbitration.
j. Each party retains the right to seek judicial assistance: (a) to compel arbitration;
(b) to obtain interim measures of protection prior to or pending arbitration; (c) to
seek injunctive relief in the courts of any jurisdiction as may be necessary and
appropriate to protect the unauthorized disclosure of its proprietary or
confidential information or to enjoin infringement or other misuse of intellectual
property rights; or (d) to enforce any decision of the arbitrator, including the final
award.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO
MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO
PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE
RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PERMITTED UNDER THIS
AGREEMENT OR AS PROVIDED IN THE ARBITRATOR’S OR ARBITRATION
AGENCY’S APPLICABLE RULES, AND THE RIGHT TO CERTAIN REMEDIES
AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY
WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
16. Miscellaneous. The Section headings of these Terms are for ease of reference only and
shall not be admissible in any action to alter, modify or interpret the contents of any
Section hereof. If any Section or provision of these Terms are held illegal, unenforceable
or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such
Section or provision shall be deemed severed from these Terms and the validity of the
remainder of these Terms shall not be affected thereby. These Terms shall be governed
by and construed in accordance with the laws of Georgia applicable to contracts made
and to be enforced wholly within such state. The waiver by either party of any provision
of these Terms on any occasion and upon any particular circumstances shall not operate
as a waiver of such provision of these Terms on any other occasion or upon any other
circumstances. These Terms may be waived and amended only in writing signed by both
you and the Company.
17. Entire Agreement. These Terms of Use and our Privacy Statement constitute the sole
and entire agreement between you and the Company with respect to the Website and
supersede all prior and contemporaneous understandings, agreements, representations,
and warranties, both written and oral, with respect to the Website.