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Terms of Use

Effective: February 2, 2009

 

The www.mmttechnology.com website (“Web Site”) is owned and operated by MMT Technology, Inc., a Missouri corporation (“MMT”).  MMT has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the Web Site.  By using or accessing this Web Site or by submitting a request for a quote through the Web Site, you shall be subject to, and hereby agree to, these Terms of Use.  In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” shall include such entity or person in addition to such representative, and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person.  If you do not agree to these Terms of Use, please do not use or access the Web Site or submit a quote through the Web Site.  MMT reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page.  You agree that you have the affirmative obligation to check these Terms of Use periodically for changes.  The continued use of the Web Site following the posting of changes to these Terms of Use will mean you accept those changes. 

 

General Terms of Use and Restrictions on Use of Materials

If you do not comply with the Terms of Use at any time, MMT reserves the right to limit your access to the Web Site or restrict your right to use the features of the Web Site.  MMT may discontinue or alter any aspect of the Web Site, including, but not limited to, (a) restricting the time the Web Site is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user’s right to use or access the Web Site or any functionality, in each case, at MMT’s sole discretion and without prior notice or liability.  You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other materials and content provided by MMT or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

 

MMT Intellectual Property

Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, MMT Technology™ and the MMT Technology™ logo, are the property of MMT and may not be used without MMT’s prior written consent.  Trademarks owned by third parties are the property of those respective third parties and may not be used without their prior written consent.  The Web Site is the copyrighted property of MMT, and it may not be reproduced or used in any manner in violation of these Terms of Use.  Any unauthorized use of any Content, whether owned by MMT or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

MMT’s Privacy Policy

The Company collects, stores and uses data collected from you in accordance with MMT’s Privacy Policy, located here.  The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Links

The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet.  Because MMT has no control over such sites and resources, you acknowledge and agree that MMT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for such web sites or resources or any Content, advertising, products, or other materials on or available from such web sites or resources.  You further acknowledge and agree that MMT shall not be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with use of such web sites or resources or reliance on any such Content, goods or services available on or through any such web sites or resources.

Requesting a Quote

The Web Site may provide the ability for Users to submit certain information through the Web Site in order to request a quote from MMT regarding MMT’s provision of specific services.  In the event you submit information via the quote request portion of the Web Site, you make the following representations and warranties (in addition to those located elsewhere in these Terms of Use): (a) you are owner of any information you submit, or you otherwise have the right to provide Company the information you submit for purposes of generating a quote or providing the manufacturing and other services relating to such quote; (b) you have secured any and all consents necessary to submit such information; (c) the information you submit does not violate the rights of any third party, including, without limitation, the intellectual property, privacy, publicity or other rights of any third party; and (d) all factual information contained in the information you submit is true and accurate. 

 

You acknowledge and agree that MMT’s acceptance of information from you in order to generate a quote and MMT’s provision of a quote is not a binding offer or agreement to provide any services to you, and that any provision of services by MMT shall be subject to a separate written agreement entered between you and MMT based on MMT’s then-current terms and conditions.  While MMT strives to create a quote that is as accurate as possible, final numbers are estimates and terms may differ from the actual quote due to any number of circumstances.  MMT reserves the right to alter or modify the terms of any quote for any reason, including incomplete or inaccurate information submitted by you, credit requirements, timing requirements, errors or omissions, prior to entering a written agreement to provide services to you. 

User Representations

You hereby represent and warrant to MMT that: (a) you are over the age of eighteen (18) or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to MMT is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms of Use; (d) you have provided and will maintain accurate and complete information with MMT, including, without limitation, your legal name, address, email address, and any other information MMT may reasonably request; (e) your access to and use of the Web Site will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation, to which you are subject; and (f) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

Prohibited Uses

You agree not to engage in unacceptable use of the Web Site, which includes, without limitation, use of the Web Site to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other materials or information that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to information on the Web Site or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (e) engage in any other activity deemed by the MMT to be in conflict with the spirit or intent of these Terms of Use.

 

Disclaimer

MMT uses reasonable efforts to maintain the Web Site and provide the quotes requested through the Web Site, but MMT is not responsible for any defects or failures associated with the Web Site or the quotes or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.  The Web site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which MMT may undertake from time to time, or (c) causes beyond the control of MMT or which are not foreseeable by MMT.  In addition, MMT makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE WEB SITE AND ANY QUOTES OR OTHER INFORMATION PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK.  MMT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, MMT MAKES NO WARRANTY THAT THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY SOFTWARE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.  

ANY MATERIALS OR INFORMATION OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR ANY MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA OR INFORMATION OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.  IN NO EVENT SHALL MMT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless MMT, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Web Site.

 

Termination and Modification

You agree that MMT, in its sole discretion, may terminate your use of the Web Site upon prior notice, and remove and discard any Content, for any or no reason.  MMT may also, in its sole discretion and at any time, discontinue providing the Web Site or suspend your uses of the Web Site for violation of this Agreement, any part thereof, with or without notice.  Further, you agree that MMT shall not be liable to you or any third-party for any suspension or termination of your access to the Web Site.

 

Governing Law and Other Miscellaneous Terms

The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. 

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to MMT which would be both difficult to ascertain and which would not be compensable by damages alone.  As such, the parties agree that MMT has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies MMT may have for your breach of this Agreement.

The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, USA, without regard to its conflicts or choice of laws principles.  ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF MMT, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN CASS COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM. 

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.  

If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. 

This Agreement and any documents referenced herein (and including any Confidentiality Agreement entered by the parties) constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and use of the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site.  If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision.  As so reformed or modified, the court shall fully enforce this Agreement.  The provisions that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

 

Copyright and Copyright Notices

MMT respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MMT’S Copyright Agent the following information:

•         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

•         a description of the copyrighted work that you claim has been infringed;

•         a description of where the material that you claim is infringing is located on the site;

•         your address, telephone number, and email address;

•         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
           its agent, or the law; and

•         aa statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that
          you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please contact MMT’S Copyright Agent for Notice of Claims of copyright infringement at: sales@mmttechnology.com.