|
WEBSITE TERMS AND CONDITIONS OF USE
We have taken every effort to design our
Web site to be useful, informative, helpful, honest and fun.
Hopefully weve accomplished that and would ask that you let us know
if youd like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All
we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using
our site you automatically agree to them. Naturally, if you dont
agree, please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued
use of the MatcoMall.Com Web site means that you accept those
changes.
THANKS AGAIN FOR VISITING!
Restrictions on
Use of Our Online Materials
All Online Materials on the
MatcoMall.Com site, including, without limitation, text, software,
names, logos, trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are owned and
controlled by MatcoMall.Com. You, the visitor, may download Online
Materials for non-commercial, personal use only provided you 1)
retain all copyright, trademark and propriety notices, 2) you make
no modifications to the materials, 3) you do not use the materials
in a manner that suggests an association with any of our products,
services, events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in
any way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort or
misrepresent any content on the MatcoMall.Com site. Any attempts to
modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any
software, plus all files, all images incorporated in or generated by
the software, and all data accompanying it, is considered licensed
to you by MatcoMall.Com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete title
to the software and to all of the associated intellectual-property
rights. Youre not allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it to any other
form that people can use.
Submitting Your Online Material
to Us
All remarks, suggestions, ideas, graphics,
comments, or other information that you send to MatcoMall.Com
through our site (other than information we promise to protect under
our privacy policy becomes and remains our property, even if this
agreement is later terminated.
That means that we dont have
to treat any such submission as confidential. You cant sue us for
using ideas you submit. If we use them, or anything like them, we
dont have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions
of any kind. We can use them for any purpose we deem appropriate to
our MatcoMall.Com mission, without compensating you or anyone else
for them.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation
of Liability
MatcoMall.Com WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF
ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR
INJURY CAUSED BY ANY:
-
USE OF (OR INABILITY TO
USE) THE SITE
-
USE OF (OR INABILITY TO
USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
-
FAILURE OF OUR SITE TO
PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
-
ERROR ON OUR SITE
-
OMISSION ON OUR SITE
-
INTERRUPTION OF
AVAILABILITY OF OUR SITE
-
DEFECT ON OUR SITE
-
DELAY IN OPERATION OR
TRANSMISSION OF OUR SITE
-
COMPUTER VIRUS OR LINE
FAILURE
PLEASE NOTE THAT WE ARE NOT
LIABLE FOR ANY DAMAGES, INCLUDING:
-
DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
-
DAMAGES REASONABLY
EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
-
OTHER MISCELLANEOUS
DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WEVE BEEN NEGLIGENT
OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE
LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE
"INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD
MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER
THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO
BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEYRE CLAIMED
UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other
Site
We sometimes provide referrals to and links to other
World Wide Web sites from our site. Such a link should not be seen
as an endorsement, approval or agreement with any information or
resources offered at sites you can access through our site. If in
doubt, always check the Uniform Resource Locator (URL) address
provided in your WWW browser to see if you are still in a
MatcoMall.Com-operated site or have moved to another site.
MatcoMall.Com is not responsible for the content or practices of
third party sites that may be linked to our site. When MatcoMall.Com
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred
that MatcoMall.Com is connected with, operates or controls these Web
sites. Any approved link must not represent in any way, either
explicitly or by implication, that you have received the
endorsement, sponsorship or support of any MatcoMall.Com site or
endorsement, sponsorship or support of LibraPub.Com, including its
respective employees, agents or directors.
Termination of
This Agreement
This agreement is effective until
terminated by either party. You may terminate this agreement at any
time, by destroying all materials obtained from all MatcoMall.Com
Web site, along with all related documentation and all copies and
installations. MatcoMall.Com may terminate this agreement at any
time and without notice to you, if, in its sole judgment, you breach
any term or condition of this agreement. Upon termination, you must
destroy all materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials will remain
available to you. And MatcoMall.Com is entitled to terminate all or
any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If
you use our site from locations outside of the United States, you
are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the state of Michigan, as it
is applied to agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any
manner violated or threatened to violate MatcoMall.Com and/or its
affiliates' intellectual property rights, MatcoMall.Com and/or its
affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Michigan, and you consent to
exclusive jurisdiction and venue in such courts.
Any other
disputes will be resolved as follows:
If a dispute arises
under this agreement, we agree to first try to resolve it with the
help of a mutually agreed-upon mediator in the following location:
Detroit, Michigan. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of
us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the
dispute to binding arbitration at the following location: Detroit,
Michigan, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
MatcoMall.Com may
modify these Terms of Use, and the agreement they create, at any
time, simply by updating this posting and without notice to you.
This is the ENTIRE agreement regarding all the matters that have
been
discussed. |