- The MCIOS terms and conditions ("MCIOS Terms and Conditions"), if any, as appended to any applicable agreement which you may have with MC International, such as, but not limited to, a reseller agreement, supply agreement, Service agreement or care agreement (as applicable, the "Master Agreement") or as stand-alone; and
- Any other policies and Service-specific terms or disclaimers posted on this Site.
Except as expressly provided otherwise in a written agreement between you and MC International, all Materials and Services on this Site, this Site and the contents of these Site Pages are provided as a convenience to you on an "as-is" and "as-available" basis. MC International does not warrant that your access to these Site Pages will be uninterrupted or error-free.
No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of these Site Pages.
MC International makes no warranty that:
- The Services and Materials will meet your requirements,
- The Services and Materials will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the Service or Materials will be accurate or reliable,
- The quality of any products, services, or information obtained by you from this Site will meet your needs or expectations, or
- Any errors in any software obtained from this Site will be corrected.
- MC International grants you a temporary and revocable non-exclusive, non-transferable, limited right to view, print, download or receive certain content contained on this Site in connection with the use of the Services by you and the exchange of information relating to business activities and/or purchase and sale transactions between you and MC International, and not for redistribution or any other purpose, unless otherwise consented to in writing by MC International.
- Individual Services or Materials in these Site Pages may be subject to additional terms indicated in those documents and MC International may by separate mutual agreement provide you access to use such Services or Materials.
- When using any of the Materials, you agree that the Materials are MC International copyrighted or licensed material.
- Unauthorized use of these Site Pages, Services or Materials displayed on this Site may violate copyright, trademark, privacy, publicity and/or communications laws and regulations.
- In the event that MC International permits copying or distribution of the Materials, you shall not make any changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice.
Trademarks - MC International product and service names, logos, commercial symbols, trade names, and slogans are trademarks of MC International and/or its related companies and are protected by international and national trademark laws. You are prohibited from using any of the marks appearing on this Site without the express prior written consent of MC International. Other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with MC International and/or its related companies, and use of this Site grants you no right whatsoever for such materials. Nothing shown on this Site should be construed as granting, by implication, estoppels or otherwise, any permission, license or right (implied or otherwise) to use any trademark, service mark or trade name displayed on this Site without the prior written permission of MC International or the third party that may own the trademark, service mark or trade name at issue. MC International prohibits, without obtaining its prior written consent, the use of any MC International logo or marks as a hyper-link to this Site or any other MC International website.
Disclaimers - Portions of the data contained on this Site have been supplied to MC International by third-party contractors, suppliers, and/or providers. While MC International and its data providers endeavor to periodically update posted information, and correct errors or omissions in the same, and this Site's functions may provide you notice of updated information, not all information may be current or accurate and MC International and such providers cannot guarantee the veracity, accuracy, or reliability of such data. MC International shall not be liable for any inaccuracies, delays, or failures to update information or provide notice when such information has been updated, nor responsible for any loss or damage that is caused by your reliance on any data contained on this Site. Any usage of any data contained on this Site shall be solely at your own risk. Unless otherwise indicated, the provided information in this Site DO NOT constitute an offer, they are indicative only and are subject to change. Any sale and/or purchase shall be treated as a private transaction between the interested parties.
MC International DO NOT function as a broker-dealer or investment adviser and are not registered as such with any federal or state security regulatory authorities. Unless otherwise indicated, the provided information in Trade News publication and/or other newsletters or announcements DO NOT constitute an offer, is intended for general informational purposes only, is not intended as professional counsel and/or investment advice, and is not to be used as such. MC International makes no representation as to the accuracy, completeness, timeliness, merchantability, or fitness for a specific purpose of the information provided in this publication.
MC International recommends that professional consultation should be obtained from the third party before using any service offered by submitters in the Trade News bi-weekly newsletter. MC International assumes no liability whatsoever for any action taken in reliance on the information contained in these newsletters, or for direct or indirect damages resulting from the use of this newsletter, its content, or services. By using those publications, you agree to the outlined terms herein.
Advertising Submitted by Users - Submitting an advertisement of your business interest ("Advertising") through this Site it’s FREE and constitutes acceptance of these Terms of Service, as well as the applicable provisions of the publications you selected. You shall be solely responsible for the content of all the advertising request to be published through this Site. MC International shall publish the Advertising on a space-available basis. Advertising must comply with MC International's advertising policies and practices. MC International may reject or remove any Advertising and/or any portion thereof, at any time for any reason.
Advertising Policies and Practices - You agree not to order or post any advertising through this Site that in any way is fraudulent or involves the sale or offer of anything illegal;
- That is false, inaccurate or misleading;
- That creates liability for MC International or its affiliates;
- That violates any law, statute, ordinance, or regulation;
- That discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, familial status, color, ancestry, source of income, housing status, or military discharge status;
- That is damaging, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, hateful, or invasive of another's privacy;
- That misrepresents you or any other person in any way;
- That infringes any party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
- That is about, of, or concerning any person other than yourself;
- That contains or constitutes any spam, scam, or unsolicited promotional information;
- That contains or constitutes software viruses or any other code, data, files, information, content, or matter of any kind
- That is damaging to computers or to the operation of the Site or other MC International online publications.
- MC International reserves the right to change the design, look, and feel of its print and online publications at any time for any reason.
- You authorize MC International to bring any claims it may in its reasonable discretion, choose to pursue to prevent third party use of the content or data contained in any Advertising.
- By submitting text, photos, or other advertising materials ("Materials"), you grant to MC International and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive, fully transferable, fully sub-licensable right and license to copy, modify, display, distribute, perform, archive, store, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future.
- You further grant to MC International and its affiliates a royalty-free right and license to use your name, image, and likeness in connection with the redistribution of the Materials.
Representations, Warranties, and Indemnity - You represent and warrant that:
- You have full power and authority to enter into Advertising Agreement and perform its obligations hereunder;
- You own (or have the right to use) all content, including all trademarks and copyrighted material, in the Advertising you submitted in your Order;
- The Advertiser (Products, Services and/or Business Announcements) will not violate or infringe any law, rule, regulation or right of any third party;
- You will fulfill all representations and commitments made in any Advertising, send to us; and,
- You will act at all times in accordance with all applicable laws, rules, and regulations.
You agree to release, indemnify, defend and hold harmless MC International and its affiliates, and each of their officers, directors, shareholders, employees, representatives and contractors, from every claim, liability, expense or injury related to any allegation regarding: the breach of any representation or warranty made, or failure to perform any obligation undertaken by you pursuant to Advertising Agreement.
The content of, or representations made in, any Advertising provided by you or on your Website or any other Website linked to from your Advertising; and any other content, material or information provided, created or used by you. MC International will have the right to reasonably control the defense of any claim involving MC International and/or its affiliates.
Limitation of Liability - If MC International is unable to publish any Free Advertisement for any reason; MC International shall provide substitute advertising in the next issue of the publication. Such remedy shall be your sole remedy for MC International's failure to publish Free Advertising. In no event shall MC International or its affiliates be liable to you for any indirect, incidental, consequential, special or exemplary damages, including lost profits, even if such damages are foreseeable and regardless of whether MC International has been advised of the possibility of such damages. In no event shall MC International or its affiliates be liable to you for any amount greater than the total amount of the Advertising Agreement.
MC International expressly disclaims all warranties regarding MC International's and its affiliates' services or any portion thereof, including any implied warranty of merchantability or fitness for a particular purpose, any implied warranties arising from course of dealing or course of performance, and any warranty regarding:
- The number of persons who will view the advertisement, any MC International site or your website;
- Any benefits you might obtain from any advertising; and
- The speed, accessibility, operation or functionality of any advertising to be displayed.
Termination - Except as otherwise provided herein, either party may terminate the Advertising Agreement for any breach of the terms of the Advertising Agreement; provided, however, that in the event of a minor breach, the breaching party shall be afforded a reasonable cure period. MC International may terminate this Agreement immediately if you fail to comply with here in terms. If you breach the MCIOS User Agreement, MC International may, in addition to any other remedies available at law or equity, cancel your authorization to use and deny you access to this Site.
Upon receipt of notice of termination, you must immediately cease all use of this Site and promptly destroy or return to MC International, in MC International' direction, any Materials in your possession downloaded or printed from or relating to this Site that constitutes MC International' confidential or proprietary information.
Submitting Advertising Information - By submitting Business Leads to this Site, you hereby expressly grant to MC International perpetual, irrevocable, royalty-free and non-exclusive rights to use, reproduce, modify, adapt, publish, translate and distribute such content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed without compensation, restrictions on use, acknowledgement of source, accountability or liability. Such rights are granted to MC International for the purpose of generating bi-weekly, Free Newsletter is enabling MC International to fulfill its obligations for so long as the Purpose exists.
You hereby permit other users of this Site and/or Trade News Free Newsletter to access, view, print or download content for their use provided such access, viewing, printing or downloading is for the Purpose. You shall be solely liable for any such content and for any content which is illegal or which infringes the intellectual property of third parties. MC International may, at any time at its discretion, remove or deny any content submitted by users, or advice of material inaccuracies of which it becomes aware.
MC International has the right, but not the obligation, to monitor any activity associated with this Site. MC International may investigate suspected conduct and take any action that it deems appropriate, such as issuing warnings, suspension, or termination of service, denying access and/or removal of Materials or any material submitted to this Site.
Indemnification - You, acting on your own you agree to indemnify, defend and hold harmless MC International and its affiliates, directors, officers, employees and agents to the fullest extent permitted by law against any and all damages, claims, liabilities, costs and expenses incurred (including reasonable attorneys' fees and costs), as a consequence of your use of this Site, the Materials and Services and any alleged or actual infringement of intellectual property by you.
Notice of Infringements - You must give MC International prompt written notice of any claim being made or action threatened or brought against you that this Site or the Materials or Services infringe the patent, copyright, trademark or similar rights of any third party. If this Site or any of the Materials are found to infringe patent, intellectual property or other rights of any third party, MC International may take such action as it deems necessary, including, without limitation, to replace the Site or Materials with non-infringing items or modify them in such a way that they no longer infringe. The remedies set out in this paragraph and the Advertising Agreement is exhaustive and constitutes the entire liability of MC International in respect of any claim based upon an infringement of any patent, intellectual property or other rights.
Notice And Communication - Except as otherwise agreed, all notice and communication with you relative to this Site and its use shall be provided by email to the e-mail address provided by you. The notice shall be deemed to have been provided 24 hours after an e-mail is transmitted by MC International. If MC International receives a message that your email is disconnected or is no longer valid, notice shall be deemed to have been provided 24 hours after it is forwarded to another Designated Employee or 72 hours following the mailing of a letter to your work-related address.
Governing Law and Arbitration - Unless otherwise specified, by using this Site, you agree that the laws of Tennessee, United States of America, without regard to its choice-of-law provisions, shall govern the entire Agreement.
Changes and Modifications - The MC International reserves the right to change the terms and conditions of the Agreement and features of the Service at any time. By using the Service after notice of any change in the Agreement has been posted, you agree to be bound by the Agreement as modified.