Terms of Access and Use
Conditions of Use. The provider of www.metcar.com provides this website and all related content and services (collectively, the "Site") to Site users, subject to the user's compliance with the terms and conditions set forth in this Agreement ("Terms"). By accessing and using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
Restrictions on Who May Access the Site. In order to access this Site, you must not be:
Such persons may not download, copy or forward a copy of any of the content listed on this Site.
- A manufacturer of products competitive with the products shown on this Site; or
- An employee, agent, director, officer or shareholder of any such manufacturer.
Reserved Rights. We reserve the right at any time to:
- Add to, modify or otherwise change the Terms;
- Add to, modify or otherwise change the Site, including without limitation eliminating or discontinuing any content or service provided on, or feature of, the Site; or
- Charge for, or change the amount(s) of any fees or charges for, products or services offered for sale or otherwise made available on the Site.
Changes to Site. Any changes we make will be effective immediately upon notice, which we may provide by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version of the Terms.
Purpose of Site. This Site is provided for current and prospective customers of Metallized Carbon Corporation. The Site is for general informational purposes only and is not intended to address any user's particular requirements or business needs. None of the content on this Site is intended as advice or recommendations. You bear the sole risk and responsibility for your use of the Site and its content, and for any decisions or third party arrangements you make or refrain from making as a result thereof.
Prohibited Acts. While Using the Site you agree not to:
- Identify yourself falsely, or use false pretenses to gain access to this Site or its Content. [COMMENT: Under 18 U.S.C. 2510(4) and the decision in Robert Konop v. Hawaiian Airlines, Inc., No. 99-55106 (9th Cir. Jan. 8, 2001), the act of logging on to a Website under a false name may constitute unlawful interception of electronic communication under federal Wiretap Act as amended by Electronic Communications Privacy Act. In addition, false identification when proper identification is required may give rise to other claims of tort, such but not limited to as copyright infringement, trespass, invasion of privacy or tortious interference with economic relations. In short, honesty is the best policy.]
- Restrict, inhibit or otherwise interfere with the use by any other visitor or user of the Site (including without limitation any interference by means of "hacking" or defacing any portion of the Site);
- Use the Site for any unlawful purpose;
- Express or imply that any content or materials (as defined below) you make, submit or post are endorsed by us;
- Upload, submit or transmit (a) any content or materials that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the express authorization to do so; (c) any trade secret or proprietary information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in a writing signed non-digitally by an officer);
- Download for re-distribution, re-printing or re-transmission any content unless to a person with proper access rights to this Website;
- Engage in "spamming" or "flooding";
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile or disassemble any portion of the Site (or offer to do any of the above);
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, deep-link, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content; or
- Harvest, collect or use information about visitors to or users of the Site without our and their express written consent.
Compliance. While Using the Site you agree to comply with all applicable laws, rules and regulations that may be applicable to you or your access or use of the Site.
Establishment of a Business Relationship. Contact with this Website does not establish any business, contractual or fiduciary relationship obligating Metallized Carbon to act or refrain from taking any action. If you would like more information or would like to enter into a contract to purchase any goods or services, or to provide us with any goods or services, please contact us at firstname.lastname@example.org.
Transactions. By contacting us electronically, you and your company agree that all transactions involving you, your organization and Metallized Carbon Corporation shall be governed by the terms and conditions provided in writing by Metallized Carbon Corporation, with any changes agreed in writing by an officer of Metallized Carbon. Such terms and conditions exclude any law other than the laws of the State of New York (not including choice of law and not including the United Nations Convention for the International Sale of Goods.) Authorized users may request such terms by sending us an e-mail to email@example.com.
Links and References. Descriptions, images or listings of, or links or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions, images, listings, links or references (including without limitation any information as to prices or available quantities).
No Liability for Links to Other Sites. The Site may contain links to other websites or resources. We neither control nor endorse such other websites or resources, nor have we reviewed any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or otherwise for the nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content, advertising, products, services or information.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Such notices and counter-notices with respect to the Site should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing any notice or counter-notice. You should also be aware that there can be penalties for false claims under the DMCA.
Territorial Limitation. We make no representation that the Site or its content is appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations other than from within the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, information or product thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, information or product that we provide.
Amendment. We reserve the right to immediately terminate this Agreement, and/or terminate or suspend your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all information and materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
Disclaimers. Except for any warranties expressly provided in a written agreement separately executed with you, the Site, the Content, and any product or service obtained on or through the site are provided "as is", "as available", and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we, our affiliates, providers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, Year 2000 compliance, merchantability, and fitness for a particular purpose. Without limiting the foregoing, we, our affiliates, providers, advertisers and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that any information obtained thereon is accurate, reliable or complete, that defects will be corrected, or that any software, the Site or the server(s) on which it is hosted are free of viruses or other harmful components. No representation or warranty is made as to any opinion, advice, or statement of ours or our affiliates, providers, advertisers, agents, users, or visitors, whether made on the Site or otherwise. Your use of the Site and any information or materials provided on or through the site is entirely at your own risk and creates no obligation or liability of Metallized Carbon Corporation.
Limitation of Liability. This paragraph shall apply to all damages, losses, causes of action or claims arising out of or relating in any way to the Site or the content, except where express provision is made otherwise in a separate written agreement with you. Neither we nor our suppliers, advertisers, affiliates, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other legal theory arising out of or relating in any way to the Site and/or content, or any information, product or service purchased or obtained through the Site. Your sole remedy for dissatisfaction with the Site, or any such content, information, product or service is to stop using the Site. Our maximum liability for all damages, losses, causes of action and claims shall be the total amount paid by you, if any, to access the Site.
Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, affiliates, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including without limitation any violation of the Code of Conduct above; (b) any allegation that any materials you provide infringe or otherwise violate the copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its principles of conflicts of law and excluding the United Nations Convention on the International Sale of Goods. Without limitation, the Uniform Computer Information Transactions Act, if enacted in New York or your state, shall not apply, but instead New York law existing as of November 1, 2001 shall govern. You agree to personal jurisdiction by the federal and state courts located in the County of New York, located in New York City, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Except for any written agreement separately executed between us and relating to Service Content, this is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral representations, communications or agreements between us.