TERMS & CONDITIONS
MAGNETIC ANALYSIS CORPORATION ONLINE TERMS AND CONDITIONS
Welcome to our website (the “Site”). By using the Site, you are agreeing to comply with and be bound by these terms and conditions of use (this “Agreement”). Please review the following terms and conditions carefully. If you do not agree to any of them, you should not use the Site.
1. Parties.
MAGNETIC ANALYSIS CORPORATION, a New York corporation, is the owner of this Site. The term “MAC” or “us” or “we” or “our” refers to MAGNETIC ANALYSIS CORPORATION, the owner of the Site. The term “you” refers to the user or viewer of the Site. The Site is not intended for individuals under 18 years of age. MAC affiliates and third parties with which MAC or its affiliates have business relationships, including service providers and companies in a supply or distribution chain for MAC or an affiliate’s products and services, are intended third-party beneficiaries of this Agreement. The term “Beneficiaries” refers to the affiliates and third parties.
2. Acceptance of Agreement.
You agree to the terms and conditions set forth in this Agreement. This Agreement constitutes the entire and only agreement between you and us regarding the subject matter of this Agreement, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to that subject matter, including but not limited to the Site and the content and any products or services provided by or through the Site. This Agreement may be amended by us at any time and from time to time in our sole discretion without specific notice to you, and your further use of the Site will confirm your agreement to this Agreement as amended. This Agreement, as amended from time to time, will be posted on the Site, and you should review this Agreement prior to using the Site.
3. Copyright and Other Proprietary Rights.
The content, including but not limited to text, technical drawings, graphics, images and other files, and their selection, design, arrangement, coordination, organization, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights of MAC or the Beneficiaries, as applicable. We and the Beneficiaries reserve all such rights. You do not acquire ownership rights to any content, information, document or other materials viewed on or through the Site.
4. Trademarks.
“MAC” and certain other product and service marks appearing on the Site are registered trademarks and service marks of MAC. No trademark, service mark or trade dress of MAC, any of the Beneficiaries, or any other third party appearing on the Site may be copied, imitated or used, in whole or in part, without the prior written consent of the owner.
5. Limited License; Permitted Uses.
Subject to your compliance with this Agreement, including but not limited to the restrictions and prohibitions on use set forth in Section 6 below, you are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for your or your company’s internal purposes; and (c) to print out discrete information from the Site solely for those purposes and provided that you maintain intact all copyright and other proprietary notices contained therein. You may not transmit or deliver any such information to any person who does not accept and agree to this Agreement. No print out or electronic version of any part of the Site or its contents may be used by you for any purpose competitive with or derogatory toward MAC or any of the Beneficiaries, or in any litigation or arbitration whatsoever under any circumstances.
6. Restrictions and Prohibitions on Use.
Your license for access to and use of the Site and any content, information, documents or other materials viewed on or through the Site (collectively, “Content and Materials”) are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved; (b) use the Site or any materials obtained from the Site for development of or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right or other proprietary right of MAC or any Beneficiaries or other third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) disrupt or interfere with the security of or otherwise abuse the Site or any servers or networks accessible through the Site; (k) upload, post or otherwise transmit on or through the Site virus or harmful, disruptive or destructive files; (l) use the Site in a manner that violates any applicable law regulating email, facsimile transmissions or telephone solicitations; or (m) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
7. Linking to the Site.
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Site immediately upon request by us, and (d) you submit your link request to, and receive prior written consent from (email address to come).
8. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and that of the company you represent. Each registration is for your use only and not on behalf of any other individual. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on behalf of a company or on a network. You are responsible for preventing such unauthorized use
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
10. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in any third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
11. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
12. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
13. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
14. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND WITH “ALL FAULTS”, AND MAC AND THE BENEFICIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR USE OF ANY SUCH INFORMATION, CONTENT OR DOCUMENTS IS AT YOUR OWN RISK, WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN A WRITTEN CONTRACT BETWEEN YOU AND MAC OR ANY BENEFICIARY, AND WILL IN NO EVENT EXPAND THE LIABILITY OF MAC OR ANY BENEFICIARY UNDER ANY SUCH CONTRACT. THE INFORMATION, CONTENT, DOCUMENTS AND SOFTWARE OF THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE AND THE BENEFICIARIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WE AND THE BENEFICIARIES DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT.
15. Limitation of Liability
IN NO EVENT SHALL MAC OR ANY OF THE BENEFICIARIES BE LIABLE TO ANY INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF MAC OR THE BENEFICIARY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE CONTENT, INFORMATION AND DOCUMENTS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Use of Information.
We reserve the right, and you authorize us, to use and transfer of all information regarding your use of the Site and all information provided by you on the Site in any manner consistent with our Privacy Policy. You grant us an irrevocable, nonexclusive, royalty-free, worldwide license, with the right to sublicense others, to use, copy, prepare derivative works, display, transmit and distribute all remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”). We will not be required to treat any Submission as confidential, and will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.
17. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy by clicking here.
18. Links to Other Websites.
The Site contains links to third-party websites or other information sources. We are not responsible for the content, accuracy or opinions expressed in such websites or sources, and such websites or sources are not investigated, monitored or checked for accuracy or completeness by us. Any links to the Site are provided as a convenience and do not constitute an endorsement, approval, sponsorship or recommendation of such third party, website or source, or acceptance by MAC or any of the Beneficiaries of any responsibility for such website or source or its content, products or services.. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
19. Information and Press Releases.
The Site contains information and press releases about MAC and its affiliates. We disclaim any duty or obligation to update this information or any press releases. Information about other companies contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
20. Legal Compliance, International Users and Choice of Law.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. The Site is controlled, operated and administered by Magnetic Analysis Corporation from its offices within the State of New York and the United States of America. Magnetic Analysis Corporation makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content and Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws. This Agreement is governed by the laws of the State of New York and the federal laws of the United States of America, without giving effect to its conflict of laws provisions.
21. Severability.
If any court having jurisdiction finds any provision of this Agreement to be invalid or unenforceable, the invalid or unenforceable provision will be deemed severed from this Agreement and shall not affect the validity or enforceability of any of the remaining provisions of this Agreement.
