WEBSITE TERMS-OF-USE AGREEMENT
USE OF SITE
This website is provided solely for the use of current and future customers of Montague Metal Products to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
The information contained on this site, including all templates, installation instructions, images, designs, photographs, writings, graphs, data, and other materials (collectively, the “Materials”) are the property of Montague Metal Products and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Notice, Montague Metal Products does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, the “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third-party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
SOCIAL MEDIA TAG USAGE
By using #MontagueMetalProducts, @MontagueMetalProducts, and any other similar social media tag in any way related to this site or the products featured therein, each user agrees to provide Montague Metal Products with a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
ORDER ACCEPTANCE, REFUSAL AND ERRORS
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Montague Metal Products reserves the right, without prior notification, to limit the order quantity on any term and/or to refuse service to any customer, for any reason. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the site are subject to change without notice. Errors will be corrected when discovered and Montague Metal Products reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted, confirmed and/or your credit card charged). If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
TERM AND TERMINATION
Without limiting its other remedies, Montague Metal Products may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk. Neither Montague Metal Products, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, the “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Montague Metal Products does not warrant reliability of any statement or other information displayed or distributed through the site. Montague Metal Products reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Montague Metal Products may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WHERE AVAILABLE” BASIS. MONTAGUE METAL PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MONTAGUE METAL PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY. SUCH DISCLAIMER INCLUDES BUT IS NOT LIMITED TO DISCLAIMERS OF WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITIES
You agree that Montague Metal Products and its Providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site, regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Montague Metal Products or any of its Providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site. Such limitation shall also apply to damages arising out of your use of, or inability to use, this site, or otherwise in connection with this Agreement, regardless of whether Montague Metal Products or any of its Providers have been advised of the possibility of such damages.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Montague Metal Products. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Montague Metal Products. Further, Montague Metal Products does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Montague Metal Products. Links do not imply that Montague Metal Products or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Montague Metal Products or any of its affiliates or subsidiaries. Except for links to information authored by Montague Metal Products, we are neither responsible for nor will be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Montague Metal Products reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
It is our intention to only sell products to adults. If you are under the age of majority in your jurisdiction, you may use the Services only with involvement of a parent or guardian. It is our intention to never collect or maintain information from children at the site unless the disclosure of such information is done with verifiable parental or guardian consent.
You agree to indemnify, defend, and hold harmless Montague Metal Products, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Montague Metal Products makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes or claims relating in way to your use of this site, or to any products or services sold or distributed by us.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
This Agreement constitutes the entire agreement between Montague Metal Products and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Montague Metal Products with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
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.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Montague Metal Products solely through electronic transmission. You agree that when in the future you click on an “I agree”, “I consent”, or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Please send any questions or comments regarding this site to:
Montague Metal Products, Inc.
4101 W. Fruitvale Road
Montague, Michigan 49437