MPSI - LEGAL
These terms and conditions (the "Terms") govern
your use of Martin Process Solutions, Inc. ("MPSI ") Web Site
(the "Web Site"). If you do not agree with these Terms, do not use
this Web Site.
General Use Restrictions
All information, documents, products, software,
and services (the "Materials") provided on this Web Site were
provided by or to MPSI by their respective manufacturers,
authors, developers and vendors (the "Third Party Providers") and
are the copyrighted work of MPSI and/or the Third Party
Providers. Except as stated herein, none of the Materials may be
copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior express written permission of
MPSI or the Third Party Provider. No part of the Web Site,
including logos, graphics, sounds or images, may be reproduced or
retransmitted in any way, or by any means, without the prior express
written permission of MPSI. You also may not, without
MPSI's prior express written permission, "mirror" any
Material contained on this Web site on any other server.
Nothing on this Web site shall be construed as
conferring any license under any of MPSI's or any Third Party
Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses. Permission is granted to display, copy,
distribute and download MPSI's Materials on this Web Site
- both the copyright notice identified below
and this permission notice appear in the Materials,
- the use of such Materials is solely for
personal, non-commercial and informational use and will not be
copied or posted on any networked computer or broadcast in any
- no modifications of any of the Materials are
This permission terminates automatically without
notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded and printed
Materials. Any unauthorized use of any Materials contained on this
Web Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
Third Party Content Disclaimer
Materials provided by Third Party Providers have
not been independently authenticated in whole or in part by
MPSI. MPSI does not provide, sell, license, or lease
any of the Materials other than those specifically identified as
being provided by MPSI. MPSI is committed to
respecting others' intellectual property rights, and we ask our
users to do the same. MPSI may, in its sole discretion,
terminate the accounts or access rights of users who infringe or
otherwise violate others' intellectual property rights.
Links to Third Party Sites
This Web Site may be linked to other web sites
not under the control of and not maintained by MPSI.
MPSI is not responsible for the content of those sites.
MPSI is providing these links to you only as a convenience,
and the inclusion of any link to such sites does not imply
endorsement by MPSI of those sites.
Unless otherwise explicitly stated,
herein, any Materials provided by you in
connection with this Web Site shall be deemed to be provided on a
non-proprietary and non-confidential basis.
MPSI shall have no obligation of any
kind with respect to such Materials and shall be free to use or
disseminate such Materials on an unrestricted basis for any
purpose. You acknowledge that you are
responsible for the Materials that you submit, and you, not
full responsibility for the Materials, including their legality,
reliability, appropriateness, originality and copyright.
Disclaimer of Warranty
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS
ON THE WEB SITE ARE PROVIDED "AS IS", AND ARE PROVIDED FOR
INFORMATION PURPOSES ONLY. ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. MPSI MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS
CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS
SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.
Limitation of Liability
MPSI SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL
MPSI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS,
REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT
ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF MPSI HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST MPSI FOR
LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST
PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD MPSI HARMLESS FROM, AND
YOU COVENANT NOT TO SUE MPSI FOR, ANY CLAIMS BASED ON USING
THE WEB SITE.
Local Laws; Export Control
MPSI controls and operates this Web Site
from its headquarters in Denver, Colorado and makes no
representation that these Materials are appropriate or available for
use in other locations. If you use this Web Site from other
locations, you are responsible for compliance with applicable local
laws including but not limited to the export and import regulations
of other countries.
Unless otherwise explicitly stated, all
marketing or promotional materials found on this Web Site are solely
directed to individuals, companies or other entities located in the
United States. You acknowledge and agree that Materials may be
subject to the U.S. Export Administration Laws and Regulations and
in such case, diversion of such Materials contrary to U.S. law is
prohibited. You agree that none of the Materials, nor any direct
product therefrom, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals, nor be used for nuclear
activities, chemical biological weapons, or missile projects unless
authorized by the U.S. Government. Proscribed countries are set
forth in the U.S. Export Administration Regulations. Countries
subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea,
Syria, and the Sudan. This list is subject to change without further
notice from MPSI, and you must comply with the list as it exists in fact.
You certify that you are not on the U.S. Department of Commerce's
Denied Persons List or affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You agree to comply
strictly with all U.S. export laws and assume sole responsibility
for obtaining licenses to export or re-export as may be
This Web Site could include inaccuracies or
typographical errors. MPSI and the Third Party Providers may
make improvements and/or changes in the products, services,
programs, and prices described in this Web Site at any time without
notice. Changes are periodically made to the Web Site. Colorado law
and controlling US federal law will govern any action related to
these Terms. No choice of law rules of any jurisdiction will apply.
These Terms represent the entire understanding
relating to the use of the Web Site and prevail over any prior or
contemporaneous, conflicting or additional, communications.
MPSI can revise these Terms at any time without notice by
updating this posting.
"MPSI,", ________________________________________ are
trademarks or registered trademarks of
Martin Process Solutions, Inc. in the United States and other
Copyright © 2000 by Martin Process Solutions,
Inc. All rights reserved.
MPSI - PRIVACY
Martin Process Solutions, Inc. (MPSI) has
long recognized that individuals with whom we conduct business value
their privacy. However, in order to conduct global business in this
increasingly electronic economy, the collection of personal
information is often necessary and desirable. It is MPSI's
goal to balance the benefits of electronic commerce with the right
of individuals to prevent the misuse of their personal information.
Collection of Personal
In some circumstances, MPSI may request
personal information from you, like your name, e-mail address, company name and telephone
number. Your response to these inquiries is
MPSI uses this information to customize your experience on
our web site. In addition, MPSI may use this information for
other business purposes, such as alerting you to products and
services that can assist your business, promote site registration,
and assist in order processing.
In general, you can visit our site without
divulging any personal information. However,
there are areas of this site that require this information to
complete their customization functions, and will not be available to
those choosing not to reveal the information requested.
MPSI also collects domain information as
part of its analysis of the use of this Web Site. This data enables
us to become more familiar with customers visiting our Web Site,
frequency of visits and the site pages most often visited.
MPSI uses this information to improve its web-based
offerings. This information is collected automatically and requires
no action on your part.
Disclosure to Third
In cases where we believe your business
interests will be served, MPSI may share your contact
information with MPSI business partners, who can alert you
about new products and services to improve your competitive edge.
This contact information does not include account, credit card or
ordering information, which is strictly confidential. If you receive
unwanted marketing materials from any of our business partners,
please let them know that you wish to be removed from their contact
Some pages on this Web Site use "cookies," which
are small files that the site places on your hard drive for
identification purposes. These files are used for site registration
and customization the next time you visit us. You should note that
cookies cannot read data off your hard drive. Your web browser may
allow you to be notified when you are receiving a cookie, giving you
the choice to accept it or not. By not accepting cookies, some pages
may not fully function and you may not be able to access certain
information on this Web Site.
MPSI reserves the right to change, modify
or update this statement at any time without notice.