1. TERMS OF
USE.
This is an Agreement between you and all persons you represent and
Maumee Valley Fabricators, Inc. "MVF". This Agreement
states the terms and conditions of your use of MVF's website
(the "Site"). By accessing or using the Site, you agree
to the terms and conditions set forth in this Agreement. If you
do not accept these terms and conditions, please do not use the
Site. We reserve the right to update these provisions from time
to time in our discretion. You should review these provisions periodically
for updates and changes. “We”, “our” and similar phrases herein
refer to MVF.
2. USE OF THE SITE
The Site may be used only for lawful purposes. You agree to comply
with all applicable laws, statutes, ordinances and regulations
regarding your use of the Site. You agree that any information
provided by you will be accurate, complete and up-to-date and
will not: (a) be fraudulent or in any way misleading; (b) infringe
any third party's copyright or other intellectual property rights
or rights of publicity or privacy; (c) violate any law, statute,
ordinance or regulation; or (d) be defamatory, abusive, threatening
or harassing, offensive, obscene or sexually explicit. You hereby
grant to MVF and its agents and contractors a royalty-free
perpetual, irrevocable, non-exclusive right and worldwide license
to use, reproduce, modify, adapt, publish, translate and distribute
any content or information submitted by you (in whole or part)
and/or to incorporate it in other works in any media now known
or hereafter developed for the full term of any copyright that
may exist in such content.
3. TRADEMARKS.
MVF, the MVF logo and the services described in the Site, including
MaumeeValleyFab.com, are either trademarks or registered trademarks
of MVF and may not be copied, imitated or used, in whole or in
part, without our prior written consent. All page headers, custom
graphics, icons and scripts are service marks, trademarks and/or
trade dress of MVF, and may not be copied, imitated or used, in
whole or in part, without our prior written consent. All other
trademarks, registered trademarks, product names and company names
or logos mentioned in the Site are the property of their respective
owners.
4. OWNERSHIP.
Copyright © Synergistic Concepts, Ltd.. 2007. All Rights Reserved.
The Site and all information (in text, graphical, video and audio
forms), images, icons, software, designs, applications, models,
data, and other elements available on or through the Site are
the property of MVF and others and are protected by United
States and international copyright, trademark, and other laws.
Your use of the Site does not transfer to you any ownership or
other rights in the Site or its content.
5. PERMITTED USES OF THE WEBSITE.
The Site may not be copied, imitated, reproduced, republished,
transmitted, modified, mirrored or distributed in any way, in
whole or in part without our express prior written consent. You
may not: (a) upload, download, distribute, or reproduce in any
way any such proprietary materials without obtaining our prior
consent; (b) alter, remove, or obscure any copyright, trademark,
confidentiality, ownership or other notices or markings from the
Site, including all screen displays and downloadable documentation;
(c) modify, translate, produce a source listing, decompile, disassemble,
or reverse engineer the Site; or (d) create derivative versions
of any part of the Site; (e) rent, transfer, distribute or grant
any rights in the Site in any form.
6. PERSONAL INFORMATION POLICY.
MVF collects, uses and discloses information regarding your
use of the Site and your personal information in accordance with
the Privacy Policy, which is available by clicking here. We may
change the Privacy Policy from time to time in our discretion
without prior notice or liability to you or any other person.
By accepting this Agreement, and each time you use the Site, you
consent to our collection, use and disclosure of your personal
information in accordance with the Privacy Policy as it then reads
without any further notice or any liability to you or any other
person.
7. OTHER SITES.
The Site may includes links to other websites or resources and
businesses operated by or other persons (collectively, "Other
Sites"). Other Sites are independent from MVF, may have
different or inconsistent privacy policies or terms of use, and
MVF has no responsibility or liability for or control over
Other Sites, their business, goods, services, or content. Links
to Other Sites are provided solely for your convenience. We do
not sponsor or endorse any Other Sites or their content or the
goods or services available through those Other Sites. Your use
of Other Sites and your dealings with the owners or operators
of Other Sites is at your own risk, and you shall not make any
claim against MVF arising out of your use of any Other Sites
or your dealings with the owners or operators of any Other Sites.
8. INDEMNIFICATION.
You agree to indemnify, defend, and hold MVF, its owners,
affiliates, officers, directors, agents, employees, harmless from
any claims or demands of any third party, including, but not limited
to, attorneys' fees fees, resulting from or arising out of your
use of the Site, any information submitted by you, or your violation
of any terms and conditions of this Agreement.
9. DISCLAIMER.
The internet is not a secure medium, may be subject to interruption
and disruption, and breaches of security and privacy. The operation
of the Site may not be continuous or uninterrupted, secure or
private.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY,
TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY
DISCLAIMED BY MVF TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIABILITY EXCLUSION
MVF WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY
LOSS OF USE, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE),
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY
OTHER THEORY OF LAW OR EQUITY, RELATING TO YOUR USE OF THE SITE,
AND NOTWITHSTANDING THAT MVF MAY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITING THE FOREGOING,
IN NO EVENT WILL MVF’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS,
LIABILITIES, OBLIGATIONS, OR DAMAGES EXCEED $100 (US).
11. TERMINATION.
MVF has the right, in its sole discretion, to terminate any
services of the Site and remove any materials from the Site. MVF
may also terminate your access to any part or all of the services
provided by MVF on the Site at any time, with or without cause
or notice, for any reasons. MVF shall not be responsible for
maintaining or returning any information submitted by you.
12. MISCELLANEOUS.
MVF is based in Toledo, Ohio. This Agreement and your use of
the Site shall be governed by Ohio law. No choice of law rules
of any jurisdiction will apply. The State and Federal District
Courts for Seneca County, Ohio shall have exclusive jurisdiction
and venue of any action or proceeding arising out of or relating
to this Agreement or your use of the Site. If any provision of
this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver
of such term or any other term. This Agreement constitutes the
entire Agreement between you and MVF with respect to the use of
the Site. Any changes to this Agreement must be made in writing,
signed by an authorized representative of MVF.