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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.