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Terms of Use
1. INTRODUCTION
Mission Millworks, Inc. (MM)
operates this Web site (the "Site") to provide online access to
information about B&B, and the products and services we provide
(the "Service").
By accessing and
using the Site, you agree to each of the terms and conditions set forth
herein ("Terms of Use"). If you do not agree with any of the
Terms of Use, you are not authorized to access or use the Site for any
purpose. Additional terms and conditions applicable to specific
areas of the Site or to particular content or transactions may also
posted in particular areas of the Site and, together with these Terms
of Use, govern your use of those areas.
MM
reserves the right to modify these Terms of Use at any time without
giving you prior notice. Your use of the Site following any
such modification constitutes your agreement to follow and be bound by
the Terms of Use as modified. The last date these Terms of Use
were revised is set forth below.
2. INTELLECTUAL PROPERTY
The Service, the
Site, and all information and/or content that you see, hear or
otherwise experience on or download from the Site, including without
limitation all design drawings and product specifications,
(collectively, the "Content") are protected by U.S. and international
copyright, trademark and other laws, and belong to MM or its
affiliates, licensors, contributors or third parties. The design
drawings and product specifications are the exclusive property of MM.
You may use the Site, the Service and the Content solely for your
personal or internal, non-commercial use. You may download, print
and store portions of the Content that you select, provided that
you: (1) only use these copies of the Content for your own
personal, non-commercial use; (2) do not copy or post the Content on
any network computer or transmit, distribute, publish or broadcast the
Content in any media; and (3) do not modify or alter the Content in any
way, or delete or change any copyright or trademark notice. No
right, title or interest in any Content is transferred to you, whether
as a result of downloading such Content or otherwise. MM reserves complete title and full intellectual property rights in all Content.
You may not
modify, reformat, copy, reproduce, display, distribute, repost,
transmit, publish, license, sell, rent, transfer, or create derivative
works from any Content or information obtained from the Site or the
Service, except as expressly permitted by the Terms of Use. The
foregoing prohibition expressly includes, without limitation, the
practices of "screen scraping" or "database scraping" to obtain lists
of users or other information. You may not mirror or frame the
home page or any other pages of this Site on any other Web site or Web
page. You may not connect "deep links" to the Site, i.e., create
links to this site that bypass the home page or other parts of the
Site. You are prohibited from using any of the marks or logos
appearing throughout the Site without express written consent from the
trademark owner, except as permitted by applicable law.
3. DISCLAIMER OF WARRANTIES
MM MAKES
NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, AND THE
CONTENT. MM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED
BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE
CORRECTED. MM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF
THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, MM
MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY
THIRD PARTY SOFTWARE AVAILABLE OR ACCESSIBLE VIA THE SITE. MM
PROVIDES SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A CONVENIENCE TO
SITE USERS AND ALL SUCH SOFTWARE IS PROVIDED, "AS IS," "AS AVAILABLE,"
AND "WITH ALL FAULTS."
4. ADDITIONAL DISCLAIMERS
a. Third Party Links.
Hypertext links to third party Web sites or information do not
constitute or imply an endorsement, sponsorship, or recommendation by MM of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. MM is not responsible for the availability of any such Web sites. MM does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon.
b. Downloading Files. MM
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection by software
viruses or other harmful computer code, files or programs. The
entire risk as to the quality and performance of the Site and the
Service and the accuracy of the Content is solely and exclusively with
the user.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL MM
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE
SITE, THE SERVICE, THE CONTENT, OR ANY THIRD PARTY SOFTWARE, (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITE, THE SERVICE, THE CONTENT, AND/OR ANY THIRD PARTY SOFTWARE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR
(IV) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENT,
OR ANY THIRD PARTY SOFTWARE, EVEN IF MM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE
SITE, THE SERVICE, THE CONTENT, THE THIRD PARTY SOFTWARE OR WITH THE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. IN SUCH STATES, MM'S LIABILITY IS
LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY
LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).
6. INDEMNIFICATION
You
understand and agree that you are personally responsible for your
behavior on the Site. You agree to indemnify, defend and hold
harmless MM, its parent company, subsidiaries, affiliated
companies, joint venturers, business partners, licensors, employees,
and agents from and against all claims, losses, expenses, damages and
costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable
attorneys' fees, resulting from or arising out of your use, misuse, or
inability to use the Site, the Service, the Content, any third party
software or any violation by you of this Agreement.
7. USER CONDUCT
You
agree not to take any action that might compromise the security of the
Site, render the Site inaccessible to others or otherwise cause damage
to the Site or the Content. You agree not to use the Site in any
manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you
supply or post any information or material via the Site, you guarantee
to us that you have the legal right to supply post such material, and
that it will not violate any law or the rights of any person or
entity. By supplying or posting material via the Site, you give MM
the royalty-free, irrevocable, perpetual, worldwide right to use,
distribute, display and create derivative works from this material, in
any and all media, in any manner, in whole or in part, without any
restriction or responsibilities to you.
9. PRIVACY STATEMENT
Click to see MM's Privacy Statement.
10. GENERAL PROVISIONS
a. Entire Agreement/No Waiver.
These Terms of Use and any additional terms referenced in paragraph 1,
above, constitute the entire agreement of the parties with respect to
the subject matter hereof. No waiver by MM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MM
therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update the Content at any time without prior
notice. MM does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
Every part of the Terms of Use shall be construed as valid and
enforceable. If any part of the Terms of Use, so construed, is
determined by a court of competent jurisdiction to be invalid or
unenforceable, it will not impact any other provision of these Terms of
Use, all of which will remain in full force and effect. Any and
all disputes relating to these Terms of Use, MM's Privacy Statement, your use of the Site, any other MM
Company Web site, the Service, or the Content (collectively,
"Disputes") are governed by, and will be interpreted in accordance
with, the laws of the state of California, without regard to any
conflict of laws provisions. Any Dispute will be venued in a
state or federal court situated in Los Angeles County, California, and
you hereby irrevocably submit to the personal jurisdiction of such
courts for that purpose.
d. Claims of Copyright Infringement. You agree to immediately notify MM of any claimed copyright infringement. You further agree to provide MM's
copyright agent with the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium
Copyright Act, Title 17, U.S.C. § 512. MM's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached either by:
1. sending an e-mail request to Misson Millworks
2. sending a letter via the U.S. Mails to:
Mission Millworks, Inc.
849 Mission Street South Pasadena, CA 91030
Tel: (626) 441-8509 Fax: (626) 441-0497
Date of last modification: November 10, 2004
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