a. Welcome to the Mayser USA, Inc. (“Mayser USA” or “we”) websites, which include but are not limited to Mayer USA’s website (www.mayser.us) as well as all content, features, functionality, and services offered on or through the same (individually and collectively, the “Website”).
2. Changes to terms
Mayser USA may revise and update these Terms from time to time in its sole discretion. Unless stated otherwise, all changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following posting of any revised Terms means that you accept and agree to the changes. However, any changes to the “Governing Law and Jurisdiction” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
3. Accessing the website
a. Mayser USA reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in its sole discretion without notice. Mayser USA 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 users.
4. Link to other sites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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.
In accessing and using the Website, you agree to use the Website only for lawful purposes and to abide by the following rules, restrictions and limitations:
a. You will not use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
b. You will not use any data mining software, robots, spiders or similar data gathering and extraction tools to access, acquire, copy, monitor, retrieve, index, “scrape,” “data mine,” or in any way gather any content or data from the Website, or otherwise circumvent the navigational structure or presentation of the Website;
c. You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear GIFs, single pixel GIFs, pixel tags, web beacons, action tags, web bugs, cookies, or other similar devices;
d. You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
e. You will not use the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Website or any networks or security systems of Mayser USA or its third party service providers, or otherwise interfere with other users’ use of the Website;
f. You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Website;
g. You will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
h. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Website; and
i. You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained within the Website
6. Changes to website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
7. Intellectual property
a. The Website (including its contents, features, functionality, underlying technology, systems, and software) are owned by Mayser USA, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret and/or other proprietary rights and laws.
b. Except as otherwise permitted by these Terms, 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 follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your browser for display enhancement purposes; (iii) excluding third-party owned materials and contents, features, and functionality that are subject to different terms, you may print one copy of a reasonable number of pages of the Website for your personal, non-commercial use or for internal use in the ordinary course of business operations and not for further reproduction, publication, or distribution.
c. You must not: (i) modify copies of any materials from the Website; (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 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 Mayser USA.
8. Reliance on information
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 IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. MAYSER USA MAKES NO, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MAYSER USA DOES NOT WARRANT THAT: (A) THE WEBSITE (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITE WILL BE CORRECTED. MAYSER USA IS NOT LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, ANY INTERRUPTION, SUSPENSION OR CESSATION OF ACCESS TO THE WEBSITE, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS CODE WHICH MAY BE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY. MAYSER USA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE ON THE WEBSITE.
10. Limitation of liability
a. IN NO EVENT WILL MAYSER USA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “MAYSER USA 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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, MAYSER USA’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO [ONE THOUSAND] US DOLLARS.
b. California Residents. If you are now, or at any time during your use of the Website become, a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
c. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Mayser USA and the Mayser USA Parties (each an “Indemnified Party”) from any and all losses or liability arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to your violation of these Terms or your use of the Website.
Mayser USA may give you notice by: (a) means of a general notice on the Website; (b) electronic mail to any email address you submitted through the Website; or (c) by written communication sent by first class mail or pre-paid post to any address you submitted through the Website. You may give Mayser USA notice by: (y) hand delivery or (z) via email to firstname.lastname@example.org. Any notice delivered by either party to the other in accordance with this Section 12 is a “Notice” for purposes of these Terms. Mayser USA does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Mayser USA or its registered agent for service of process.
13. Governing law and jurisdiction
a. All matters relating to the Website and these Terms 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 Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
b. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in Wayne County, Michigan, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your State or country of residence or any other relevant State or country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Your comments and concerns
The Website is operated by Mayser USA, 6200 Schooner St, Belleville, Michigan 48111. All feedback, comments, requests for technical support and other communications relating to the websites should be directed to: email@example.com.
a. The Terms and our Data Protection Policy constitute the sole and entire agreement between you and Mayser USA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
b. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms.
c. If a court decides that any term or provision of these Terms is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
d. You may not assign your rights and obligations under these Terms. Subject to the foregoing, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
e. Provisions of these Terms which by their nature should apply beyond Termination (other than those provisions regarding access to and use of the Website) will remain in force after any termination or expiration of these Terms.