General
All material on this website such as 3-D models, textures, text, screen shots, and other patented and copyrighted material, as well as trademarks such as logos and icons, collectively known and referred to as Content, are owned by Memco Inc. unless otherwise noted.
To use such Content, you must first agree to the following license terms:
1. The materials available for download on this site are subject to these license terms, as well as any specific guidelines contained herein. If you download any materials from this site, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download.
2. You may not sell, alter, modify, license, sublicense, copy, or use the materials in any way other than has been specifically authorized by Memco Inc. in the permissions and trademark guidelines described herein.
3. You acknowledge that Memco Inc. reserves the right to revoke the authorization to view, download, and print the materials available on this site at any time, and for any reason; and such authorization shall be deemed to be discontinued immediately upon the removal of these materials from the site.
4. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Memco copyrighted materials or trademarks by downloading, copying, or otherwise using these materials.
5. MEMCO SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF MEMCO HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
6. ANY MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. MEMCO SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS REGARDING THE MATERIALS.
For all legal matters including use of copyrighted or trademark material please contact Memco Inc.’s legal department at:
Memco Inc.
Legal Department
20 Church Street,
Greenwich, CT 06830
USA
Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This website is maintained as a service to our visitors to gain information, general viewing and or purchase products at their discretion. Please review the terms and conditions outlined below carefully. If you do not agree to these terms and conditions, please refrain from use of this SITE.
PLEASE NOTE: YOU MUST BE AT LEAST 18 YEARS OF AGE OR OLDER TO PURCHASE ANY PRODUCT FROM THIS WEBSITE.
DEFINITIONS
“USER”, “CUSTOMER”, “YOU” and “YOUR” refers to you, the person accessing this website and accepting Memco Inc.’s Terms and Conditions of Use. “COMPANY”, “OWNER”, “WE” and “US”, refers to Memco Inc. “PARTY” or “PARTIES” or “US”, refers to both the CUSTOMER and the COMPANY, or either the USER or COMPANY. “AGREEMENT” refers to this Terms & Conditions of Use Agreement. “SITE” or “WEBSITE” refers to COMPANY website. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our offer to the CUSTOMER in respect to the COMPANY’s stated products, in accordance with and subject to, prevailing laws of the State of New York. Any use of the above definitions and terminology or other words in the singular, plural and/or capitalization are taken as interchangeable and therefore as referring to the same.
ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement. This AGREEMENT constitutes the entire and only AGREEMENT between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the SITE, the content, products or services provided by or through the SITE, and the subject matter of this AGREEMENT. This AGREEMENT may be amended by us at any time without specific notice to you. The latest AGREEMENT will be posted on the SITE, and you should review this AGREEMENT prior to using the SITE.
COPYRIGHT
The content (design and layout, images and graphics, video and instructional material, database organization and all other material related to the SITE) are protected under applicable copyrights, trademarks, registered trademarks and other proprietary rights. Copy, redistribution, publication and commercial use of any material displayed on the SITE, except as outlined in the next section “Limited Right to Use”, is strictly prohibited. The display and posting of such material on the SITE does not constitute a waiver of any right by the COMPANY.
LIMITED RIGHT TO USE
The viewing, printing or downloading of any content from the SITE grants YOU only a limited, nonexclusive license for use solely by YOU for YOUR own personal use and not for circulation, distribution, assignment, sublicense, sale or other use. No part of any content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for YOUR personal use. To use material from the SITE for public or commercial use YOU are required to obtain prior written consent from the COMPANY.
MODIFY AND REMOVE
WE reserve the right to modify or edit as well as delete and remove any product, information, document, or other content appearing on the SITE without further notice to users of the SITE.
DISCLAIMER
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS” AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), 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. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATIONS
Notwithstanding the warranty provisions set forth, all of USER’s obligations with respect to such warranties shall be contingent on USER’s use of the SITE in accordance with this AGREEMENT and in accordance with general and publicly accepted internet and web usage. The COMPANY shall have no warranty obligations with respect to any failures of the SITE which are the result of accident, abuse, misapplication, extreme power surge or extreme electromagnetic field. USER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH THE COMPANY IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY THE COMPANY OF THE RISK OF USER’S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH USER’S USE OF THE SITE AND DOCUMENTS THEREIN. ACCORDINGLY, THE USER AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE TO USER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE, DERIVATIVE PRODUCTS OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of the COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any use delivered to the USER hereunder, whether such liability arises from any claim based on breach or repudiation of warranty, tort or otherwise, shall in no case exceed the actual price paid to the COMPANY by the USER for the purchase of product or service. The essential purpose of this provision is to limit the potential liability of the COMPANY arising out of this AGREEMENT. The PARTIES acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the purchased product and any services rendered hereunder. Further, all responsibility or liability for any damages caused by viruses contained within the electronic file containing the forms or documents is disclaimed.
INDEMNIFICATION
You shall indemnify and hold harmless the COMPANY, its officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of Your actions under this AGREEMENT or such actions of its Affiliates or their officers, employees, agents or representatives.
PRODUCTS
The CUSTOMER acknowledges that all products, in particular MiaDesktop and MiaTools family of products are “as is” with no warranty. The COMPANY is therefore not responsible or liable for any damages or possible injury incurred upon possible use of such products
USE OF INFORMATION
Like most interactive websites the COMPANY’s website uses cookies to enable US to retrieve USER details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those visiting. WE reserve the right, and YOU authorize US, to the use and assignment of all information regarding SITE uses by YOU and all information provided by YOU in any manner consistent with our Privacy Policy.
PAYMENT & MERCHANT SERVICES
YOU state and warrant that should YOU purchase any product from US that (i) any credit card information you supply would be correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
WE employ the services of reputable Merchant sites to process payment and financial transaction for products YOU purchase from the COMPANY. You understand and acknowledge that we do not operate, control, retrieve or store any financial information (credit card) conducted between YOU and the Merchant.
PRIVACY POLICY
Our Privacy Policy statement is an integral part of this AGREEMENT. Please check the statement (as outlined in “Privacy Policy” page) on a regular basis as it may reflect new and/or edited information.
LINKS TO OTHER WEBSITES
The SITE contains links to other websites. We are not responsible for the content, accuracy or opinions expressed at such sites. Inclusion of any linked website on our SITE does not imply approval or endorsement of the linked website by us. If you decide to leave our SITE and access these third-party sites, you do so at your own discretion.
RETURN POLICY
Our Return Policy statement is an integral part of this AGREEMENT. Please check the statement (as outlined in “Return Policy” page) on a regular basis as it may reflect new and/or edited information.
CHOICE OF LAW, VENUE & JURISDICTION
YOU AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. FURTHER, ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF NEW YORK CITY, NEW YORK. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT GREENWICH, CT IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This SITE is created and managed by Memco Inc., a corporation registered in the State of Connecticut, USA. As such, the laws of Connecticut will govern the terms and conditions contained in this AGREEMENT and elsewhere throughout the SITE, without giving effect to any principles of conflicts of laws.
NOTIFICATION OF CHANGES
The COMPANY reserves the right to change these conditions from time to time as it sees fit and YOUR continued use of the SITE will signify YOUR acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our SITE. If there are any changes in how we use our CUSTOMERS’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. These Terms & Conditions form part of the AGREEMENT between the YOU, the CUSTOMER and the COMPANY. YOUR accessing of this website and/or undertaking of a purchase indicates YOUR full understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.