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PLEASE READ CAREFULLY.
This Terms of Use Agreement ("Terms of Use") applies to use of the
mts-safety.com website located at http://www.mts-safety.com (the "Site").
The Site is the property of mts-safety.com. mts-safety.com reserves the right,
at its sole discretion, to change, add or remove portions of this Terms of Use,
at any time. It is your responsibility to check this Terms of Use each time
before using the Site. Your continued use of the Site following the posting
of changes will mean that you accept and agree to the changes. You agree that
all subsequent purchases by you will be subject to the terms and conditions
of this Terms of Use, which shall apply until we post a modified Terms of Use
and then in accordance with such modified Terms of Use. As long as you comply
with this Terms of Use and any such modifications, . mts-safety.com.com grants
you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable,
limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All media (downloaded or samples),
software, text, images, graphics, user interfaces, music, videos, photographs,
trademarks, logos, artwork and other content on the Site (collectively, "Content"),
including but not limited to the design, selection, arrangement, and coordination
of such Content on the Site is owned or licensed by or to . mts-safety.com.com,
and is protected by copyright, trade dress, and trademark laws, and various
other intellectual property rights laws. Except as expressly provided in this
Terms of Use, no part of the Site and no Content may be reproduced, recorded,
retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted,
publicly displayed, altered to make new works, performed, digitized, compiled,
translated or transmitted in any way to any other computer, website or other
medium or for any commercial purpose, without mts-safety.com ‘s prior
express written consent. Except as expressly provided herein, you are not granted
any rights or license to patents, copyrights, trade secrets, trade dress, rights
of publicity or trademarks with respect to any of the Content, and . mts-safety.com
reserves all rights not expressly granted hereunder. mts-safety.com expressly
disclaims all responsibility and liability for uses by you of any Content obtained
on or in connection with the Site.
2. Registration; Customer Accounts; Use of Site. Certain services offered on
or through the Site require you to first open an account. You are responsible
for maintaining the confidentiality of your Account information, including your
password, and for all activity that occurs under your account. You agree to
notify mts-safety.com immediately of any unauthorized use of your account or
password, or any other breach of security. You may be held liable for losses
incurred by . mts-safety.com or any other user of the Site due to someone else
using your password or customer account. You may not use anyone else's password
or customer account at any time. You may not attempt to gain unauthorized access
to the Site. Should you attempt to do so, assist others in making such attempts,
or distributing instructions, software or tools for that purpose, then your
customer Account will be terminated. You agree to provide us with accurate,
current and complete information about yourself and your billing information
as prompted by the registration process. You may update any of your Account
information, designate a different credit card to be billed, or change the applicable
expiration date on your currently designated credit card, by clicking on the
Account button and selecting the appropriate link. You may not use any automatic
device, program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy, probe, test or monitor any portion of the
Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on the infrastructure
of the Site or any of the systems or networks comprising or connected to the
Site.You also agree that . mts-safety.com may, in its sole discretion and without
prior notice to you, terminate your access to the Site and your Account for
any reason, including without limitation: (1) attempts to gain unauthorized
access to the Site or assistance to others' attempting to do so, (2) overcoming
software security features limiting use of or protecting any Content, (3) discontinuance
or material modification of the Site or any service offered on or through the
Site, (4) violations of this Terms of Use, (5) failure to pay for purchases,
(6) suspected or actual copyright infringement, (7) unexpected operational difficulties,
or (8) requests by law enforcement or other government agencies. You agree that
. mts-safety.com will not be liable to you or to any third party for termination
of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information.
As more fully described in our Privacy Policy, you must disclose certain Personally
Identifiable Information to use our Site, register, and make purchases. As a
condition of registering with our Site or making any purchases of any products
and/or services or conduct any transactions, you represent that you have first
read our Privacy Policy and consent to the collection, use and disclosure of
your Personally Identifiable Information and Non-Personally Identifiable Information
as described in our Privacy Policy. Our Privacy Policy's terms and conditions
will change from time to time, and as a condition of browsing the Site, using
any features or making any purchase, you agree that you will first review our
Privacy Policy prior to making any initial or subsequent purchases.
While . mts-safety.com takes reasonable steps to safeguard and to prevent unauthorized
access to your personal information, we cannot be responsible for the acts of
those who gain unauthorized access, and we make no warranty, express, implied,
or otherwise, that we will prevent unauthorized access to your private information.
IN NO EVENT SHALL . mts-safety.com OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES
(WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS
TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON
CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS
OF WHETHER . mts-safety.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES
WERE POSSIBLE.
4. Conditions of Sale and Payment Terms. Prior to the purchase of any goods
or services on our Site, you must provide us with a valid credit card number
and associated payment information including all of the following: (i) your
name as it appears on the card, (ii) your credit card number, (iii) the credit
card type, (iv) the date of expiration and (v) any activation numbers or codes
needed to charge your card. By submitting that information to us, you hereby
agree that you authorize us to charge your card at our convenience but within
thirty (30) days of credit card authorization. All sales of products and services
are final. All charges from those sales are nonrefundable.
5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made
by VISA, MasterCard, American Express or Discover. Your card issuer agreement
governs your use of your designated card, and you must refer to that agreement
and not this Terms of Use to determine your rights and liabilities as a cardholder.
YOU, AND NOT . mts-safety.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges
incurred in connection with your purchases (including any applicable taxes)
at the rates in effect when the charges were incurred. Unless you notify . mts-safety.com
of any discrepancies within sixty (60) days after they first appear on your
credit card statement, you agree that they will be deemed accepted by you for
all purposes. If . mts-safety.com does not receive payment from your credit
card issuer or its agent, you agree to pay all amounts due upon demand by .
mts-safety.com or its agents. You are responsible for paying any governmental
taxes imposed on your purchases, including, but not limited to, sales, use or
value-added taxes. . mts-safety.com shall automatically charge and withhold
the applicable sales tax for orders to be delivered to addresses within New
York.
6. Order Acceptance Policy. Your receipt of an electronic or other form of
order confirmation does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. . mts-safety.com reserves the
right at any time after receipt of your order to accept or decline your order
for any reason.
7. No Responsibility To Sell mispriced Products Or Services. . mts-safety.com
shall have the right to refuse or cancel any orders placed for products and/or
services listed at an incorrect price, rebate or refund, or containing any other
incorrect information or typographical errors. . mts-safety.com shall have the
right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, . mts-safety.com shall
immediately issue a credit to your credit card account in the amount of the
charge.
10. Modifications to Prices or Billing Terms. . mts-safety.com. RESERVES THE
RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR
SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY
TO YOU.
11. Price Comparisons, "List Price" and "You Save". Price
comparisons may be made throughout the site to indicate the relative savings
amounts of our pricing. "LIST PRICE" is the suggested retail price
provided to us by our
suppliers. We make no representation that a substantial number of these products
have been sold or offered for sale at the list price. Actual retail prices in
your area may be substantially different. Because we sell our merchandise over
the internet on a national basis, it is not possible to know if our merchandise
is sold at list price in any particular location or at any particular time.
"YOU SAVE" reflects the difference between our price and the supplier
provided list price shown on our sites. Because the list price may be different
than the actual retail prices in your area, you may not actually realize a savings
of this amount and may want to make an exact comparison for yourself by checking
the prices of other internet or local retailers prior to making a purchase.
12. Service and Support for Goods Sold. All requests for technical service
and support should be made directly to the manufacturer in accordance with their
terms and conditions.
13. Indemnification. You agree to indemnify and hold harmless . mts-safety.com.
and its parents, sister companies, subsidiaries, affiliates, service providers,
other End Users, distributors, licensors, officers, directors and employees
from any claim or demand, including reasonable attorneys' fees, made by any
third party arising out of or related to your violation of this Terms of Use,
or your violation of any law, regulation or third-party right.
14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL
DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS."
ALL OF MTS SAFETY PRODUCT.'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL
DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED
HEREIN, . mts-safety.com. EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS,
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY
THE . mts-safety.com SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE
TO DESCRIPTION.
15. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE
SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH
THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH
YOU. IN NO EVENT SHALL . mts-safety.com OR ITS LICENSORS OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING
OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES,
CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE . mts-safety.com
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE . mts-safety.com
SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE
EVEN IF . mts-safety.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE
MAXIMUM LIABILITY THAT . mts-safety.com SHALL HAVE IS LIMITED TO ANY AMOUNTS
ACTUALLY PAID . mts-safety.com BY END USER. YOU ASSUME ALL RISK OF LOSS FOR
SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT
IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY
OF
. mts-safety.com. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY,
DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN
INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT
OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL
BASIS OF THE BARGAIN BETWEEN THE PARTIES.
16. Policy to Terminate Privileges for Copyright Infringement. Pursuant to
17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright
Act (the "Act"), . mts-safety.com. will terminate the account of any
customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted
material without a license, valid defense or fair use privilege to do so. After
proper notification by the copyright holder or its agent to the . mts-safety.com
and later confirmation through court order or an admission by the customer that
an account has been an instrument of unlawful infringement, . mts-safety.com
will terminate the infringing customer's account. . mts-safety.com may also
in its sole discretion decide to terminate a customer's account privileges prior
to that time if it has good belief that infringement has in fact occurred. In
addition, pursuant to 17 U.S.C. § 512(c), . mts-safety.com has implemented
procedures for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. . mts-safety.com respects
the intellectual property of others and we ask other to do the same. If you
believe that your copyright has been infringed through the . mts-safety.com.
website, please contact us, via facsimile at (662) 454-9385, or mail at:
Attn: Mike Silver, MTS Safety Products, Inc. P.O. Box 204, Golden, MS 38847
Any written notice describing the infringing activity must include the following
information:
An electronic or physical signature of the person authorized to act on behalf
of the owner of an exclusive that is allegedly infringed; A description of the
allegedly infringing work or material; A description of where the allegedly
infringing material is located on the site; Information reasonably sufficient
to allow us to contact you, such as your address, telephone number and e-mail
address; A statement by you that you have a good faith belief that the disputed
use of the material is not authorized by the copyright or other proprietary
right owner, its agent, or the law; and A statement by you that the above information
and notification is accurate, and under penalty of perjury, that you are the
copyright owner or authorized to act on behalf of the owner whose exclusive
right is allegedly infringed. 17. General. No delay or failure to take action
under this Terms of Use shall constitute any waiver by . mts-safety.com of any
provision of this Terms of Use. If any provision of this Terms of Use is invalid
or unenforceable under applicable law, it is, to that extent, deemed enforceable
to the fullest extent possible (and severable in the event such provision is
completely unenforceable) and the remaining provisions of this Terms of Use
will continue in full force and effect. This Terms of Use will bind and inure
to the benefit of . mts-safety.com’s permitted successors and assigns.
Any claim under these Terms of Use must be brought within one (1) year after
the cause of action arises. This Terms of Use shall be governed by the laws
of the State of Mississippi without regard to or application of any conflict
of laws provisions. You consent to the exclusive jurisdiction of the state and
federal courts sitting in Tishomingo County, in the State of Mississippi. This
Terms of Use is personal to you and may not be transferred, assigned or delegated
to anyone. Any attempt by you to assign, transfer or delegate this Terms of
Use shall be null and void. . mts-safety.com may freely assign this Terms of
Use without consent or notice. This Terms of Use (including all documents expressly
incorporated herein by reference, including but not limited, to the relevant
Usage Rules) constitutes the complete and exclusive agreement between . mts-safety.com
and you with respect to the subject matter hereof and supersedes all prior oral
or written understandings, communications or agreements not specifically incorporated
herein.
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