Terms and Conditions of Use of the Mike Modano Web Site
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THE MikeModano.com' WEB SITE CAREFULLY. BY USING THE SITE, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
OWNERSHIP
OF MATERIALS ON THE SITE
MikeModano.com and its suppliers own the materials on this
site. The materials are copyrighted and protected by the
copyright laws of the United States and, throughout the
world, by the copyright law of each jurisdiction reflecting
pertinent treaties and conventions.
You may not copy, adapt, modify, display, perform, or otherwise use the materials (including use of these materials on any other Web Site or networked computer environment) without the prior written permission of MikeModano.com or its suppliers. Your use of the materials is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the materials. Any unauthorized use of any of the materials on this site may violate copyright, trademark and other similar laws.
YOUR
RIGHT TO USE THE SITE
You may use, print and/or download from this site the materials
displayed on the site for your personal, noncommercial purposes
only. If you are an employee, representative, or agent of
a business or organization, you may download one copy of
the material displayed only for noncommercial internal use
in your business or organization. You may not transmit or
distribute the material to any one (except inside your business
or organization). If you breach any of these terms and conditions
of use, your authorization to use this site will automatically
terminate and you must immediately destroy or delete any
downloaded or printed material.
COMMUNICATIONS
FROM YOU TO THE SITE
Except for orders for our products and as specified in our
Privacy Statement, all communications from you to the site
will be considered non-proprietary and non-confidential.
MikeModano.com shall have no obligations of any kind to
you respecting your communications and will be free to use
them on an unrestricted basis for any purposes.
You are solely responsible for these communications and their legality under all laws and regulations. You agree that you will comply with the terms of our Privacy Statement when using the site.
MONITORING
MikeModano.com will have the right, but not the obligation,
to review communications with the site to determine that
they comply with this agreement and applicable laws or regulations.
MikeModano.com shall have no responsibility or liability
for the content of any communications posted to the site,
nor for any errors or violations of any laws. MikeModano.com
will comply with court orders in any jurisdiction directing
MikeModano.com to disclose the identity of anyone posting
communications to the site.
LINKS
WITH OTHER SITES
MikeModano.com is not responsible for the content of any
other site linked to or from this site. If you link to another
site, you leave this site. If you decide to link to another
site, you do so entirely at your own risk. MikeModano.com
may provide links from this site to other sites, but this
is done solely as a convenience to you and in no way should
be interpreted as an endorsement of any content, sponsor
or owner of any other site. ALL WARRANTIES, CONDITIONS OR
OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE
INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO ACCURACY, OWNERSHIP,
VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE ARE
HEREBY EXCLUDED.
EXPORT
CONTROL
You acknowledge that U.S. export control laws and regulations
apply to this site, including the Export Administration
Regulations of the U.S. Department of Commerce which prohibit
the export or reexport of products and technology to certain
countries and persons. You agree to comply strictly with
all U.S. export laws and regulations and assume sole responsibility
for obtaining any required licenses to export or reexport
products or technology.
U.S.
GOVERNMENT USE RESTRICTIONS
If you are a U.S. Government agency user, in accordance
with section 12.212 of the Federal Acquisition Regulations,
you hereby acknowledge that use, duplication and disclosure
of any computer software provided by MikeModano.com ("software"),
in whole or in part, by the U.S. Government or any of its
agencies is governed by, and subject to, all of the terms,
conditions, restrictions and limitations set forth in the
applicable license agreement. In the event that, for any
reason, section 12.212 is not applicable, you hereby acknowledge
that use, duplication and disclosure of the software, in
whole or in part, by U.S. Government agencies is subject
to the Commercial Computer Software Restricted Rights clause,
FAR § 52.227-19(c). Manufacturer is MikeModano.com, Inc.
of Mountain View, California or its licensors.
DISCLAIMER
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS"
AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable
law may not allow the exclusion of implied warranties, so
the above exclusion may not apply to you. MikeModano.com
does not warrant the accuracy and completeness of the materials
on this site. MikeModano.com takes no responsibility for
viruses or other destructive or intrusive computer programs
that may damage your computer system or data resulting from
your access to or use of this site. MikeModano.com may make
changes to the materials at this site, or to the products
and prices described in them, at any time without notice.
The materials at this site may be out of date, and MikeModano.com
makes no commitment to update the materials at this site.
Information published at this site may refer to products,
programs or services that are not available in your geographic
location.
LIMITATION
OF LIABILITIES
IN NO EVENT WILL MikeModano.com OR ITS SUPPLIERS, BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED
TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED
AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MikeModano.com
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF THE MATERIALS OR COMMUNICATIONS FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
INDEMNIFICATION
Upon MikeModano.com' request, you agree to defend, indemnify
and hold harmless MikeModano.com and its affiliates, representatives,
officers, directors and employees from all liabilities,
claims, costs and expenses, including attorneys fees, that
arise out of or in connection with your accessing or use
of the site or your uploading, downloading or transmission
of all communications or material on the site.
TRADEMARKS
The trademarks, service marks and logos (trademarks) of
MikeModano.com or others used on this site are the property
of MikeModano.com or their respective owners. You may not
use, and nothing contained on this site grants by implication,
waiver, estoppel or otherwise, any right to use any trademark
displayed on the site without the written permission of
MikeModano.com or the respective owner.
AGREEMENT
IN ENGLISH
You and we agree that this agreement and all related documents
be written in the English language. Les parties ont exigé
que les présent contract et tous les documents connexes
soient rédéges en anglanis.
CHANGES
TO THIS SITE
Please note that this site and these Terms and Conditions
of Use may be revised at any time. Upon each revision to
these Terms and Conditions of Use, you will be notified
of revised terms and conditions for your review. Click the
button at the end of such revised terms to indicate your
have read and understand the revised Terms of Conditions
of Use of the MikeModano.com' Web Site, and agree to be
bound thereby.
APPLICABLE
LAWS
This site is operated and controlled from MikeModano.com'
offices in Texas, United States of America. It can be accessed
from any of the 50 states in the United States and from
other countries of the world. By accessing this site you
agree that the laws of Texas (without regard to its conflicts
of law provisions) will apply to all matters arising out
of or in connection with the site and your connection to
and use of the site. Both parties submit to exclusive jurisdiction
in Texas and further agree that any cause of action arising
out of or in connection with this Agreement shall be brought
only in the federal or state courts in Dallas County, Texas.
MikeModano.com makes no representation or warranty that any communications or materials on the site are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our site from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of the Terms and Conditions will remain in full force and effect.
