Conditions of Website Use
This Website is provided by Margot Machinery, Inc. (hereinafter "MMI", “we” or “our”, which terms include all officers, directors, agents, subsidiaries, joint ventures and employees of Margot Machinery, Inc.), and is intended to be a friendly, enjoyable and useful website, but as with any transaction, there are risks involved and we strongly advise you to understand all of the provisions of these Conditions of Website Use (hereinafter “Conditions”) before registering to use the Website.
1. YOUR CONSENT
The term "Website" means the web pages constituting MMI's website on the Internet through which advertisements for products are made accessible to potential buyers who may be interested in buying product(s) from MMI. The term "Internet" means the principal international network interconnecting computers and other networks through the internet protocol and all web pages and web sites that can be accessed thereby.
2. YOUR ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password and account. You agree to (1) immediately notify MMI of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. MMI cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
4. YOUR OBLIGATIONS
In consideration of your use of the Website, you also agree to: (1) provide true, accurate, current and complete information about yourself as prompted by MMI's account registration form (the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MMI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or that you have interfered with the information that MMI or others have placed on the Website, MMI has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). MMI is concerned about the safety and privacy of all its users.
5. YOUR CONDUCT
You agree not to (1) distribute viruses or any other adverse technologies that may, in any way, harm MMI, the Website, or the interests or property of MMI users; (2) copy, modify, or distribute content from the Website and MMI's copyrights and trademarks; and (3) gather or otherwise collect information about users, including but not limited to email addresses, without their consent. In the event that you engage in any of these activities, MMI has the right to suspend or terminate your account.
6. YOUR AGE REQUIREMENT
Use of the Website is only available to users that have the capacity to form a legally binding contract. You are not allowed to register for the use of the Website if you are under the age of 18, or are otherwise incapable of entering into binding contracts.
7. IN GENERAL
Intellectual Property Rights.
Material from the Website may not be copied (except as required to view the Website) or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of MMI, EXCEPT: you may download one copy of the information that you normally see in any window of the Website provided that (1) you do not delete or change any copyright, trademark, or other proprietary notices in or on any such materials; (2) you include the copyright notice "© Margot Machinery, Inc." on any copy of the material or any portion thereof, and (3) you use the material only to make your decision as to whether or not to buy the product, and not for any other purposes. Modification or use of the materials for any other purpose violates MMI's intellectual property rights. The material on the Website is provided for lawful purposes only. If you download any material from MMI’s Website, such material is deemed to be licensed to you by MMI solely for the limited purpose of deciding whether or not to buy the product. Neither title nor any intellectual property rights are transferred to you, but remain with MMI, who owns full and complete title and intellectual property rights to the Website. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software from the Website to any form. Except as expressly provided herein, nothing in these Conditions of Website Use shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of MMI or any third party.
Limitations of Liability.
MMI will not be liable for any damages, liability or injury, including but not limited to, damages, liability or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. You warrant that you will use all information provided herein at your own risk and will not use any information in any way which will expose MMI to liability for patent infringement.
In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability, or otherwise, shall MMI be liable for loss of profit or revenues, loss of use of the products or any associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, downtime costs, claims of your customers for such damages, or for any direct or indirect, special, consequential, incidental or exemplary damages, or penalties of any description.
The total liability of MMI, on all claims of any kind, whether in contract, indemnity, warranty, tort (including negligence), strict liability, or otherwise, arising out of or related to these Conditions of Website Use, or from the use of the Website or sale or use of any products sold on the Website, shall not exceed five percent (5%) of the total price paid to MMI for the product from which such claim arose.
If MMI furnishes you with any advice, information or assistance concerning the use of the Website or any products, systems or services offered on the Website, including but not limited to the furnishing of parts, components or software from the original equipment manufacturer of any products offered or sold on the Website or otherwise, the furnishing of such advice, information or assistance will not subject MMI to any liability, whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise.
Disclaimers of Warranties.
1. With Respect to the Materials on the Website:
The printed material on the Website could include technical inaccuracies or typographical errors. MMI may make changes to the materials located on the Website, and MMI or its suppliers may make improvements and/or changes in any products(s), process(es), technology, descriptions(s) or other information contained in the materials at any time.
THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND MMI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARISING BY OPERATION OF LAW OR OTHERWISE, AND IN NO EVENT WILL MMI BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, OR PENALTIES OF ANY DESCRIPTION. MMI DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
2. With Respect to All Products Sold on the Website:
The terms and conditions pertaining to the sale of products sold on the Website are MMI’s Terms and Conditions for Website Orders which you can find at the Terms and Conditions Section of MMI’s Website.
You hereby indemnify and hold MMI harmless for all claims, demands, damages, costs, fines, taxes, penalties, attorney’s fees, and all other expenses arising from your use of the Website, your failure to comply with all the provisions of these Conditions of Website Use, or arising from or related to all purchase and sale transactions that you engage in as a result of using information on the Website, or arising from your violation of any law or regulation, or the rights of a third party. This indemnity applies to claims, demands, damages (actual and consequential of every kind and nature, known and unknown), costs, fines, taxes, penalties, attorney’s fees, and all other expenses arising out of or in any way connected with such purchase and sale transactions. If you are a California resident, and this indemnity is interpreted as a release, you waive California Civil Code §1542 and similar provisions, which express an objective similar to: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Compliance with Laws.
All transactions hereunder shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations of the U.S. Government and any amendments thereof. We are prohibited to export any goods to denied parties (individuals or entities) or embargoed countries as put forth under U.S. export control laws. You agree that you shall not, except as said laws and regulations may expressly permit, make any disposition by way of trans-shipment, re-export, diversion or otherwise, of U.S. origin goods and technical data (including computer software), or the direct product thereof, listed on the Website. Your obligation to comply with all U.S. export control laws and regulations shall survive any termination, or discharge of any other obligations expressed in these Conditions.
You undertake to keep yourself fully informed of, and to comply with, the export control laws and regulations of the U.S. Government and any amendments thereof.
You certify that the products, materials, services, technical data, software or other information or assistance furnished by this Website will not be (1) used by any individual or entity listed as a prohibited party on any list of the U.S. Government of prohibited or denied parties, (2) sent to any party in a country listed as a prohibited country by the U.S. Government, or (3) used in the design, development, production, stockpiling or use of chemical, biological, or nuclear weapons.
Validity of Provisions.
The invalidity in whole or in part of any provisions of these Conditions shall not affect the validity of the remainder of the provisions in these Conditions. Article headings in these Conditions are for convenience of reference only, and do not define, limit, or fully describe the scope or intent of the provisions. These Conditions shall be interpreted according to their plain meaning and without regard to factors such as the party who prepared them or the relative bargaining power of the parties.
Applicable Law & Venue.
The validity, performance and all matters relating to the interpretation and effect of these Conditions and any amendment hereto shall be governed by the law of the State of New York, excluding its conflict of law rules which would result in a choice of law for these Conditions other than New York law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. You and MMI irrevocably agree that any litigation arising out of these Conditions or your use of the Website shall be commenced only in the United States District Court for the Northern District of New York, or if such court refuses jurisdiction, any New York State court which shall have jurisdiction in such matter. Each party irrevocably waives, to the fullest extent it may effectively do so, any objection which it may have or hereafter have to the jurisdiction of or the laying of venue in any of the above courts, including the defense of an inconvenient forum. The parties further agree that any controversy which may arise under these Conditions is likely to involve complicated and difficult issues, and therefore each party irrevocably and unconditionally waives any right such party may have to a trial by jury in respect of any litigation directly or indirectly arising out of or relating to these Conditions. The parties agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or by any other manner provided by law.
These Conditions of Website Use, including the other information that MMI has placed on its Website, MMI’s acceptance of your order and MMI’s Terms and Conditions for Website Orders, contain the entire and only agreement between you and MMI respecting the terms and conditions pertaining to your use of the Website and supersedes and cancels all prior negotiations, agreements, commitments and representations between you and MMI, whether written, oral or implied. You and MMI each agree that each party has not relied on, or been induced by, any representations of the other party not contained in these Conditions of Website Use.