Website Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By accessing and using this Site, you signify your agreement to these Terms; all policies and all changes or modifications to the site in the future. If you do not agree to these Terms, do not use this Site.
Modifications to Site
Mortech Manufacturing Company, a California corporation, (“Mortech”) may modify its site, as well as these Terms at any time. You agree to review the Site and these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
This Site is copyright protected. Any and all copyrighted and copyrightable materials, including but not limited to, any textual or graphic material you copy, print, or download is licensed to you by Mortech and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. All trademarks and logos are owned by Mortech or its licensors and you may not copy or use them in any manner. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such copyright or trademark without the prior written permission of Mortech or its licensors. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Mortech’s logo as well as any proprietary information contained on this site are either trademarks or registered trademarks of Mortech or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mortech. In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of Mortech, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mortech. All other trademarks, registered trademark, product names and company names or logos mentioned herein are the property of their respective owners.
Links to Other Sites
Links to external sites or resources of third parties that are contained on this site are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by Mortech of the site or information contained therein. In addition, to the extent that a third party has a link to Mortech’s site on their website, this should not imply that Mortech endorses that third party or any content thereon. When leaving Mortech’s site these terms and conditions no longer apply and you should review the applicable terms and conditions of that new site.
Should you provide Mortech with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and Mortech shall have no obligation of any kind with respect to such information. In addition, Mortech shall be free to reproduce, use, disclose, display, exhibit, transmit, and distribute the information to others without limitation. Further, Mortech shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any of your personal information.
Choice of Law and Jurisdiction
This Site is controlled and operated by Mortech from its offices within the State of California, United States of America. These Terms shall be governed and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Mortech and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in the State of California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Mortech’s failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Mortech makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is subject to U.S. export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated National or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Site Disclaimer/Limited Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY. MORTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MORTECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT MORTECH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MORTECH OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY DOWNLOADED MATERIALS, EVEN IF MORTECH OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MORTECH’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO MORTECH, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
Applicable law may not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Accuracy and Contents
Mortech does not warrant the accuracy, completeness or usefulness of the information contained on this Site. The materials available on this Site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site. Mortech may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. Information published at this Site may refer to products, programs or services that are not available in your State or country. Consult your local Mortech sales representative for information regarding the products, programs and services that may be available to you. All orders are subject to acceptance by Mortech.
You agree to indemnify, defend and hold Mortech, its officers, directors, employees, agents, affiliates, licensors, and suppliers harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms by you.
Termination of Use
If you breach any of these Terms, your authorization to use this Site automatically terminates. You may terminate this Agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Agreement. Mortech may terminate this Agreement at any time, without notice, and accordingly deny you future access to this Site, at Mortech’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Mortech, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise