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Terms & Conditions

Martin Engineering Company (“Martin Engineering”) offers you a wide range of content and information about our products and other related features on our Website. By using this Website, you (herein, “you” or “user(s)”) are agreeing to accept and comply with the terms and conditions of use as stated below. Further, you agree that Martin Engineering may, in its sole discretion, terminate your access to this Website at any time without notice for any reason.

Ownership of Copyrights and Trademarks/Usage Restrictions

The information, content, images, text, audio, lay-outs, features, services and other items available on or through our Website (“Website Intellectual Property and Services”) is the sole property of Martin Engineering, and/or third parties and is protected by copyright, trademark and other intellectual property laws. Without Martin Engineering’s prior written consent, exercised in our sole discretion, users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any Website Intellectual Property and Services for any commercial or public purposes and/or other than as expressly intended and offered by Martin Engineering.

You may download and use press releases, promotional material and instructional information from this Website for informational, non-commercial uses or commercial uses related solely to the sale or offer for sale of Martin Engineering products or services, provided that: (1) the applicable copyright notice is included on the materials (e.g., (c) Martin Engineering Company 2006); (2) no modifications are made to the materials other than those allowed pursuant to the established written policies of Martin Engineering or with Martin's Engineering's express written consent; and (3) the material is not publicly posted on any network computer or Website or publicly published or broadcast in any medium.

In addition, users, unless otherwise permitted by agreement with Martin Engineering, may not use the trademarks, logos and service marks ("Marks") of Martin Engineering for any purpose including, but not limited to use as "hot links" in other pages or sites on the World Wide Web without the written permission exercised in the sole discretion of Martin Engineering or such third party that may own the Mark. Questions or issues concerning the Website Intellectual Property and Services ownership, usage or infringement should be directed to the Website Administrator: harryh@martin-eng.com.

Communications

You agree that all information delivered to this Website is, and shall remain, the sole and exclusive property of Martin Engineering and may be used by Martin Engineering for any purpose whatsoever, commercial or otherwise, without compensation. Such information shall not be considered as confidential, but will be treated at all times in compliance with Martin Engineering’s Privacy Policy.

Disclaimer; No Warranty

The Website Intellectual Property and Services is obtained and provided from sources believed to be reliable and accurate. Martin Engineering makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness and to non-infringement, misappropriation and interference of the Website Intellectual Property and Services, and is not responsible for any errors or omissions therein, whether caused by the source of the related information or services or by Martin Engineering. The website content may contain inaccuracies or typographical errors. Martin Engineering does not represent that the website will operate error-free or that it and its server are free of computer viruses or other harmful things. The Website Intellectual Property and Services, and all related factual and other information, including any opinions, accessible through our Website, is provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INTERFERENCE ARE SPECIFICALLY DISCLAIMED. MARTIN ENGINEERING IS NOT RESPONSIBLE IN ANY WAY FOR ANY LOSS THAT RESULTS FROM THE USE OF THE WEBSITE INTELLECTUAL PROPERTY AND SERVICES (INCLUDING WITHOUT LIMITATION, FACTUAL INFORMATION), INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY, PUNITIVE OR EXEMPLARY DAMAGE(S).

Further, without acting as a limitation, no advice or information, whether oral or written, obtained by you from Martin Engineering or through or from this Website shall create any warranty, express or implied.

Limitation of Liability

In addition to the foregoing, you expressly understand and agree that Martin Engineering will not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our Website; (ii) any other matter relating to our Website. You further understand that product information contained on the Website is general information and is not applicable to specific uses or circumstances, and that you should contact Martin Engineering or a distributor of the Martin Engineering product on the proper product selections, installations and maintenance. If you become dissatisfied in any way with this Website or its Terms and Conditions or Privacy Policy, your sole and exclusive remedy is to stop using this Website. Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Martin Engineering and its affiliates shall not exceed one hundred dollars ($100).

Indemnity

You agree to indemnify, defend and hold Martin Engineering, its officers, directors and its other agents and representatives harmless from and against any and all claims liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of our Website or any link, as provided below to or from our Website.

Linkage/Advertising

You may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web which are not related to or maintained by Martin Engineering. Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and Martin Engineering takes no responsibility for the content therein, regardless of whether the link is provided by Martin Engineering or a third party. No judgment or warranty is made with respect to the accuracy, timeliness, merchantability, fitness or suitability of the content of, or products and services offered by, any Website to which our Website may link, including information on such other Website regarding Martin Engineering. By providing access to other Websites, we are not endorsing the products and services provided by any Website's sponsoring organization.

Linking to Martin Engineering’s website or the content within our Website is prohibited without our express written consent, exercised in our sole discretion. Please e-mail requests for such consent to the Website Administrator: harryh@martin-eng.com. If granted, this limited license expressly prohibits the framing of Martin Engineering’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation.

Web Site Security

You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Martin Engineering will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Enforcement of Terms and Conditions

Martin Engineering makes no representation that content provided is applicable or appropriate for use in all locations. These terms and conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. This Agreement shall be construed and governed by the laws of the State of Illinois, notwithstanding any conflicts of law provision. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Illinois. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of Illinois, County of Cook. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Amendments and Modifications

Martin Engineering reserves the right to amend the information, services and/or content of this Website, at any time without prior notice. The information and materials contained in our Website, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Website pages. If you use this Website after we post changes to the terms, you accept the changed terms. Martin Engineering expressly reserves the right to monitor any and all use of our Website.

Contacting Martin Engineering

For further information about or to report any problems with this Website, you may contact the Website Administrator:

Harry Heath
Global Internet Strategist
harryh@martin-eng.com
Martin Engineering Company
Global Headquarters
Phone: 309.852.2384 ext. 353
Fax: 800.814.1553