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Welcome to Midwest Technology Access Group, Inc.'s (MTAG) World Wide Web site. MTAG
provides its Web site to you, subject to the following Terms of Use
("TOU"), which may be updated by us from time to time without
notice. You can review the most current version of the TOU at any
time at: http://www.mtag.org/terms_of_use.htm.
CONTENTS:
Description of Service
MTAG currently provides Web users with access to a on-line resources,
including, publications and press releases (the "Service").
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service shall be subject to the TOU. You understand
and agree that the Service is provided "AS-IS" and that MTAG
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
Indemnity
You agree to indemnify and hold MTAG, and its affiliates, officers,
agents or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of the Service, your connection to the
Service, your violation of the TOU, or your violation of any rights of
another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
Modifications to Service
MTAG reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that MTAG shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
Termination
You agree that MTAG, in its sole discretion, may terminate your use of
the Service, and remove and discard any content within the Service, for
any reason, including, without limitation. MTAG may also in its sole
discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TOU may be
effected without prior notice. Further, you agree that MTAG shall not be
liable to you or any third-party for any termination of your access to
the Service.
Information
In consideration of your use of the Service, you agree: (a) that any
information you are prompted to provide us about yourself (such as
during registration) shall be accurate, current and complete, and (b)
that you will maintain and promptly update such information to keep it
accurate, current and complete. If you provide any information that is
inaccurate, not current or incomplete, or if we have reasonable grounds
to suspect that that such information provided is inaccurate, not
current or incomplete, we have the right to suspend or terminate your
registration and refuse any and all current or future uses of the
Service (or any portion thereof).
Links
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because MTAG has no control over such
sites and resources, you acknowledge and agree that MTAG is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that MTAG shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such site or resource.
MTAG'S Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that content presented to you through the Service is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by MTAG, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
MTAG grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by MTAG for use in accessing the
Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MTAG 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 PURPOSE AND NON-INFRINGEMENT.
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b.
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MTAG MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
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c.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT 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.
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d.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MTAG OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
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Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MTAG SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MTAG HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
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 OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notice
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOU or other matters by
displaying notices or links to notices to you generally on the Service.
Trademark Information
MTAG and the MTAG logo are trademarks of Midwest Technology Access Group, Inc.
(the "MTAG Marks"). Without MTAG's prior permission, you agree
not to display or use in any manner, the MTAG Marks.
Copyrights and Copyright Agents
MTAG 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 MTAG's Copyright
Agent the following information:
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an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
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a description of the copyrighted work that you claim has been
infringed;
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a description of where the material that you claim is infringing
is located on the site;
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your address, telephone number, and email address;
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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
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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.
MTAG's Copyright Agent for Notice of claims of copyright infringement on
its site is Scott Carlson who can be reached as follows:
By mail:
Scott Carlson, Esq.
MTAG Copyright Agent
c/o Seyfarth Shaw
55 East Monroe Street, Suite 4200
Chicago, Illinois 60604
By phone: (312) 346-8000
By email: scarlson@seyfarth.com
General Information
The TOU constitute the entire agreement between you and MTAG and govern
your use of the Service, superceding any prior agreements between you
and MTAG. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOU and the relationship between you and MTAG
shall be governed by the laws of the State of Illinois without regard to
its conflict of law provisions. You and MTAG agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Cook, Illinois. The failure of MTAG to exercise or enforce any
right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOU
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOU must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal
or contractual effect.
Violations
Please report any violations of the TOU to our Site
Administrator. |
