Marvin Technology Company, Inc Web Site Agreement
The MTC, Inc. Web Site (the "Site") is an online
information service provided by Marvin Technology
Company, Inc ("MTC, Inc. "), subject to your compliance
with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. MTC, Inc. MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of
the copyrights and trademarks are MTC, Inc., its
affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the
different areas of the Site solely for your own
non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the
materials. You agree to grant to MTC, Inc. a
non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and
other information (including, without limitation, ideas
contained therein for new or improved products and
services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by
e-mail to MTC, Inc. by all means and in any media now
known or hereafter developed. You also grant to MTC, Inc.
the right to use your name in connection with the
submitted materials and other information as well as in
connection with all advertising, marketing and
promotional material related thereto. You agree that you
shall have no recourse against MTC, Inc. for any alleged
or actual infringement or misappropriation of any
proprietary right in your communications to MTC, Inc.
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of MTC, Inc.. Other product and company
names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by MTC,
Inc., MTC, Inc. does not operate, control or endorse any
information, products or services on the Internet in any
way. Except for MTC, Inc.- identified information,
products or services, all information, products and
services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with MTC, Inc. a. You also understand that
MTC, Inc. cannot and does not guarantee or warrant that
files available for downloading through the Site 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 Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. MTC, Inc. PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND MTC, Inc. SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. MTC, Inc. DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS
TO SUCH MATERIALS IS AT YOUR RISK. MTC, Inc. HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MTC, Inc. BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF MTC, Inc. OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
MTC, Inc. LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
MTC, Inc. makes no representations whatsoever about any
other web site which you may access through this one or
which may link to this Site. When you access a non-MTC,
Inc. web site, please understand that it is independent
from MTC, Inc., and that MTC, Inc. has no control over
the content on that web site. In addition, a link to a
MTC, Inc. web site does not mean that MTC, Inc. endorses
or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless MTC,
Inc., its officers, directors, employees, agents,
licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by
you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and
3 (Indemnification) are for the benefit of MTC, Inc. and
its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America
applicable to agreements made and to be performed in The
United States of America. You agree that any legal action
or proceeding between MTC, Inc. and you for any purpose
concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The
United States of America . Any cause of action or claim
you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
MTC, Inc.'s failure to insist upon or enforce strict
performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this
Agreement. MTC, Inc. may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.