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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.
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