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MPSI - LEGAL TERMS 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 provided that:
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. Submissions 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 MPSI, have 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 required. General 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. Trademarks "MPSI,", ________________________________________ are trademarks or registered trademarks of Martin Process Solutions, Inc. in the United States and other countries. Copyright Notice Copyright © 2000 by Martin Process Solutions, Inc. All rights reserved. Privacy Policy MPSI - PRIVACY STATEMENT 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 Information 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 strictly voluntary. 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. Collecting Domain Information 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 Parties 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 list. Use of Cookies 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.
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