WEBSITE TERMS & CONDITIONS
Welcome to Marking Services, Inc.’s (“MSI”) website (the “Website”). The services provided by MSI through the Website (“Service” or “Services”) and the use of the Website are governed by these Terms and Conditions (the “Terms and Conditions”). By accessing or using the Services or the Website or by registering as a user (“User”), you agree that (i) you have read and familiarized yourself with the Terms and Conditions, (ii) you understand the Terms and Conditions, and (iii) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. The Terms and Conditions, together with any additional terms and conditions specific to a particular transaction (incorporated herein by reference), constitute the entire agreement (the “Agreement”) between MSI and User regarding the subject matter herein and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
Registration and Eligibility.
The Services and the Website are only available to persons with the legal capacity to enter into this Agreement. MSI may, at its sole and absolute discretion, refuse to accept a person’s (or entity’s) registration, and may, at any time after accepting registration, refuse to permit a person’s (or entity’s) continuing use of the Services and the Website for any reason.
Changes to Services, Website and Terms and Conditions.
User acknowledges and agrees that MSI may change, modify, amend, suspend or discontinue any aspect of the Services or the Website, at any time, without notice and without liability to User or to any third party. MSI reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party.
Further, User acknowledges and agrees that MSI may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at MSI’s sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments thereto.
Password and Security.
After you register to use the Service or the Website, you may be prompted to select a User password. User is solely responsible for maintaining the confidentiality of its User password. User agrees that it shall immediately notify MSI in writing or by electronic mail of any unauthorized use of its User password.
Those areas of the MSI Website which you access by creating a User password may contain information that is proprietary and confidential to MSI and not accessible to the public (such information is hereafter referred to as “MSI Confidential Information”). MSI Confidential Information may include, but is not limited to, engineering documents, quotes for materials or services, manuals, software programs, program listings, data file printouts, and other technical and marketing information. By accessing MSI Confidential Information, you agree to keep such information confidential and to use the information solely for the purpose of maintaining and supporting your MSI products. You also agree to use reasonable care when handling MSI Confidential Information and agree to only disclose such information to your employees on a “need to know” basis. You agree not to alter, decompile, disassemble, reverse engineer, or modify any MSI Confidential Information that you may receive.
MSI discourages you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, MSI will assume it is not confidential. By sending MSI information or material, you grant MSI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that MSI is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
MSI Ownership Information.
The information on this Website, along with any materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of MSI and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. MSI grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of MSI products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the Materials are used solely with permission of MSI.
Any software which you download from the MSI Website is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law.
MSI’s trademarks and service marks may be used publicly only with written permission from MSI. For a current list of MSI’s trademarks and service marks, as well as trademarks licensed to MSI by third parties, please contact MSI via the “Contact” link on this website. All other trademarks, brands, and names are the property of their respective owners.
Except as expressly granted in this section (or to you specifically in writing), MSI and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
User is solely responsible for all conduct and transmissions that take place while the User is logged in on the Website. User represents, warrants, and covenants that during its use of the Services and the Website User shall not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation.
(b) interfere with or disrupt computer networks connected to the Service or the Website;
(c) impersonate any other person or entity, or make any misrepresentation as to User’s employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
(e) upload, post, transmit, publish, or distribute any material or information for which User does not have all necessary rights and licenses;
(f) upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
(g) interfere with or disrupt the use of the Services or the Website by any other User, or “stalk,” threaten, or in any manner harass another User;
(h) upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any “investment opportunities;”
(i) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;
(j) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
(k) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(l) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(m) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
MSI expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole discretion of MSI, for any reason and without notice.
User and MSI are independent contractors. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party.
Links to Third Parties.
The Services and the Website may provide links to the websites others (“Third-Party Sites”). Links to such Third-Party Sites do not constitute an endorsement by MSI of such Sites, or the products, content, materials or information presented or made available by such Sites. User acknowledges and agrees that MSI is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, services or information presented by or made available through such Sites.
User hereby releases MSI, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.
Choice of Law; Consent to Jurisdiction.
This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for conflict of laws provisions. By visiting the Website, User expressly consents to personal and exclusive jurisdiction in the courts of the State of Wisconsin.
User will defend, indemnify and hold harmless MSI, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, partners, successors and assigns (collectively, “Indemnified Parties”), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney’s fees) incurred by any of the Indemnified Parties arising from or related to: (a) the use of the Services or the Website by User, (b) any breach or violation of these Terms and Conditions by User, and (c) any breach of any of User’s representations, warranties, and covenants.
Disclaimer of Warranties.
THE SERVICES AND THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MSI DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MSI MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USER’S REQUIREMENTS. IF USER IS DISSATISFIED WITH THE SERVICES OF THE WEBSITE, USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. MSI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OF THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MSI OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT. MSI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.
Limitation of Liability.
THE MATERIALS ACCESSIBLE FROM OR ON THIS WEBSITE ARE PROVIDED “AS IS,” AND MSI EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. IN NO EVENT SHALL MSI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS.
THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Although MSI has attempted to provide accurate information on this Website as a service to its users, MSI assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. MSI may change the programs or products mentioned at any time without notice. Mention of non-MSI products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
This Website originates and is maintained in the United States. MSI makes no representation regarding the legality, appropriateness, or availability for use of materials available on this Website from or in countries other than the United States. Any use or export of materials on this Website is subject to applicable U.S. laws and regulations in effect at the time of the use or export including, but not limited to, U.S. export laws and regulations. User’s use of this Website is limited to those uses that are in compliance with such laws and regulations. If User uses this site from a country other than the United States, User does so at User’s own risk, and User is responsible for complying with any applicable local laws and regulations.
Notices shall be given:
To MSI: To be valid, notices must be sent by email (email@example.com) and by certified mail, return receipt requested, to Marking Services, Inc.; Attention Legal Department; 8265 N. Faulkner Rd., Milwaukee, WI 53224 or to such other address as may be designated from time to time.
To User: Notices to User will be sent by email at the email address reflected in User’s registration information.
Notices to User shall be deemed to have been received 24 hours after the email is sent. Notices to MSI shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such 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.
The failure of MSI to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.