Effective: February 2, 2009
MMT Intellectual Property
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.
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.
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.
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.
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.
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
- a 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: firstname.lastname@example.org.