Mi-Tech Tungsten Metals, LLC, along with its subsidiaries and affiliates (“
Mi-Tech”), provides the information and services on its World Wide Web site(s) (the "
Site") under the following terms and conditions. These terms of use (“
Terms of Use”) govern your access to and use of the Site and all applications, software, and services (collectively, “
Services”) available on the site, except to the extent such Services are the subject of a separate agreement. The Site is available for your use only on the condition that you agree to the Terms of Use set forth below. By accessing and/or using the Site, you and any entity you are authorized to represent indicate your acceptance of, and agreement to be bound by, these Terms of Use.
- USER ELIGIBILITY.The Site is provided by Mi-Tech and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
- LAWS AND REGULATIONS. Access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.
- COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of Mi-Tech, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. You may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of Mi-Tech or such third party that may own the Mark. Questions concerning trademarks should be directed to [sales@mttm.com].
Mi-Tech grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Site, Site content, and Services only in the manner presented by Mi-Tech, and (b) access and use the Mi-Tech computer and network services offered through the Site (“Mi-Tech Systems”) only in the manner expressly permitted by Mi-Tech. Except for this limited license, Mi-Tech does not convey any interest in or to the Mi-Tech Systems, information or data available via the Mi-Tech Systems (“Information”), any content and material available through the Site (“Content”), Services, Site, or any other Mi-Tech property by permitting You to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Mi-Tech. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Mi-Tech.
- TAMPERING. You agree not to modify, move, add to, delete or otherwise tamper with the information contained in Mi-Tech's Site. You also agree not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
In addition to other restrictions set forth in these Terms of Use, You agree that:
- You shall not disguise the origin of information transmitted through the Site.
- You will not place false or misleading information on the Site.
- You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Mi-Tech.
- You will not input or upload to the Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or Information or that infringes the intellectual property rights of another.
- Certain areas of the Site are restricted to customers of Mi-Tech.
- You may not use or access the Site or the Mi-Tech Systems or Services in any way that, in Mi-Tech’s judgment, adversely affects the performance or function of the Mi-Tech Systems, Services or the Site or interferes with the ability of authorized parties to access the Mi-Tech Systems, Services or the Site.
- THIRD PARTY INFORMATION. Although Mi-Tech monitors the information on the Site, some of the information is supplied by independent third parties. While Mi-Tech makes every effort to insure the accuracy of all information on the Site, Mi-Tech makes no warranty as to the accuracy of any such information.
- LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other websites that are not under the control of Mi-Tech. The links are only provided as a convenience and Mi-Tech does not endorse any of these sites. Mi-Tech assumes no responsibility or liability for any material that may accessed on other websites reached through this Site, nor does Mi-Tech make any representation regarding the quality of any product or service contained at any such site.
- LINKS FROM THIRD PARTY SITES. Mi-Tech prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. Mi-Tech reserves the right to disable any unauthorized links or frames. Mi-Tech has no responsibility or liability for any material on other websites that may contain links to this Site.
- NO WARRANTIES. MI-TECH MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, THE MI-TECH SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE SITE, THE MI-TECH SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. MI-TECH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MI-TECH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE MI-TECH SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY MI-TECH IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
- LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT MI-TECH IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, MI-TECH IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MI-TECH, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE MI-TECH SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MI-TECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
- PRIVACY. Protecting the privacy of our clients and users of our Sites is important to Mi-Tech. The Mi-Tech Web Site Privacy Policy describes how we use and protect information you provide to us.
- SECURITY. The security of information transmitted through the Internet can never be guaranteed. Mi-Tech is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of Mi-Tech sites. In order to protect you and your data, Mi-Tech may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
- TRANSMISSION OF PERSONAL DATA. You acknowledge and agree that by providing Mi-Tech with any personal information through the Site, You consent to the transmission of such personal user information over international borders as necessary for processing in accordance with Mi-Tech’s standard business practices and the Mi-Tech Privacy Policy.
- ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
- SUBMISSIONS. Mi-Tech does not accept ideas, concepts, or techniques for new services or products through the Site ("Comments").If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Mi-Tech and its affiliates are under no obligation to keep such information confidential, and (c) Mi-Tech will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
- PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, notices of claimed copyright infringement on the Site should be directed to: [Mi-Tech Tungsten Metals, LLC., 4701 Massachusetts Ave, Indianapolis, IN 46218 or sales@mttm.com Attn: [Bob Wilson].
- MODIFICATIONS. Mi-Tech may revise and update these Terms of Use at any time. Your continued usage of the Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Mi-Tech. Mi-Tech may also change or impose fees for products and services provided through the Site at any time in its sole discretion. Mi-Tech may establish or change, at any time, general practices and limits concerning other Mi-Tech products and services in its sole discretion.
- PRIVACY POLICY. The Mi-Tech Privacy Policy located on the Site at mttm.com governs the use of information collected from or provided by You at the Site. With respect to any individual whose personal information is provided by You to Mi-Tech, You represent to Mi-Tech that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the Mi-Tech Privacy Policy, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
- TERMINATION. You agree that Mi-Tech, in its sole discretion, may terminate or suspend Your use of the Site, the Mi-Tech Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Site, the Mi-Tech Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Mi-Tech shall not be liable to You or any third party for any termination or suspension of Your access to the Site, the Mi-Tech Systems, Information and/or the Services.
- JURISDICTION/GOVERNING LAW. To the fullest extent permitted by law, these Terms of Use shall be governed and construed in accordance with the laws of the State of Indiana, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of Indiana or the federal district courts sitting in Marion County, Indiana, which courts shall have exclusive jurisdiction for such purpose.
- COMPLETE AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE AGREEMENT, GENERAL TERMS AND CONDITIONS AGREEMENT, SERVICE AGREEMENT OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND MI-TECH, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MI-TECH WITH RESPECT TO THE USE OF THE SITE, THE MI-TECH SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.