WEBSITE TERMS AND CONDITIONS
Last Modified: January 5, 2017
Please read these Terms and Conditions carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms and Conditions. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page whenever you access the Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
To access some of the resources offered on the Website, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide on this Website is governed by these Terms and Conditions, and you consent to all actions we take with respect to your information consistent with these Terms and Conditions.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MCL, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your continued compliance with these Terms and Conditions, MCL hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Website solely for your personal, non-commercial purposes or for legitimate business purposes related to your role as a potential or current contractor, customer, or supplier of MCL (any such use, an “Authorized Use”).
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as automatically occurs while using the Website for an Authorized Use or as expressly authorized by these Terms and Conditions or MCL under a separate written agreement. You may print or download material from the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
If you access or use the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MCL. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
If you wish to make any use of material on the Website other than as expressly permitted in these Terms and Conditions, please address your request to: firstname.lastname@example.org.
The MCL name, the MCL logo and all related names, logos, product and service names, designs and slogans are trademarks of MCL or its affiliates or licensors. You must not use such marks without the prior written permission of MCL. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website in any way that violates any applicable law or regulation or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm MCL or users of the Website or expose them to liability.
Additionally, you agree not to interfere or attempt to interfere with the proper working of the Website or to gain or attempt to gain unauthorized access to any parts of the Website or any server, computer, or database connected to the Website. Without limiting the generality of the foregoing, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material to the Website which is malicious or technologically harmful.
The Website may contain interactive features ("Interactive Services") that allow users to post, submit, publish, display or transmit to other users or third parties (hereinafter, "post") information, content or materials (collectively, "User Contributions") on or through the Website. Your User Contributions are posted and transmitted at your own risk.
You represent and warrant that all of your User Contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MCL, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or creates potential liability for MCL.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MCL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MCL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MCL OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The content standards set forth in this section apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MCL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MCL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information We Collect About You and How We Collect It
We collect the personal information you provide by filling in forms on our Website, including forms related to accessing resources, applying for a job or contacting us. Such information may include your name, e-mail address or any other identifier by which you may be contacted. We may also collect records and copies of your correspondence (including your e-mail address), if you contact us. You may, however, visit the Website anonymously.
We automatically collect certain kinds of non-personal information from you when you access or navigate through the Website. Such information may include your IP address, operating system and browser type, as well as traffic data and logs about your visits to our Website. Although the information we collect automatically does not include personal information, we may maintain it or associate it with personal information we collect in other ways. It helps us improve our Website and deliver a better and more personalized service. The technology we use for this automatic data collection may include cookies.
How We Use Your Information
We may use the information that we collect about you or that you provide to us in one or more of the following ways:
- To improve our Website.
- To provide you with information, products or services that you request from us.
- To email you periodically regarding Company news, updates, service information, etc.
- To contact you about our own services that may be of interest to you.
- To fulfill any other purpose for which you provide it.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce or apply these Terms and Conditions and other agreements.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MCL, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from the Company. If you do not wish to have your e-mail address used by us to promote our own services, you can opt-out by sending us an e-mail stating your request to email@example.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.
You may also send us an e-mail at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by these Terms and Conditions.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. You may provide information to be published or displayed on public areas of the Website or transmitted to third parties. We urge you to be careful about giving out information in public areas of the Website like in comments to blog posts. The information you share in public areas may be viewed by any user of the Website. When you provide information to be published, displayed or transmitted, this is done at your own risk.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to: (1) link from your own or certain third-party websites to certain content on this Website; (2) send e-mails or other communications with certain content, or links to certain content, on this Website; or (3) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
Links from the Website
The Website contains links to other sites and resources provided by third parties, and these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, THE CONTENT THEREON AND ANY OTHER SERVICES OR ITEMS ACCESSED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT THEREON AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MCL NOR ANY PERSON ASSOCIATED WITH MCL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MCL NOR ANYONE ASSOCIATED WITH MCL REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT THEREON OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
IN NO EVENT WILL MCL, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS (collectively, “MCL Parties”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless the MCL Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by MCL of a breach of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of a breach of such term or condition or a waiver of any other breach of a term or condition, and any failure of MCL to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
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