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Terms of use |
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IMPORTANT - Please
read this agreement carefully before
accessing or using our products and
services.
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This agreement is between you, the user
("User") and M&M Specialties, Inc. (Company), a
company incorporated in Tempe, Arizona, USA
whose registered office is located at M&M
Specialties, Inc. 1145 West Fairmont Drive,
Tempe, AZ, USA 85282
who is the
owner of this site
www.mmspec.com
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M&M Specialties, Inc. may amend this Agreement at any
time by posting the amended terms on the
Company's web site. The amended terms shall
be effective automatically from the date
that they then appear.
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This Terms of Use
Agreement was last revised on
June 26, 2005
Proprietary
Rights
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M&M
Specialties, Inc.
and its service partners own the
information, database, software and all
associated patents, copyrights, trade
secrets, and other proprietary material
within this site.
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M&M
Specialties, Inc.
grants you a non-exclusive, nontransferable
license to access our web site, products,
services and information contained therein.
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No title, ownership
or any associated proprietary rights within
this entire web site are transferred to User
by the execution of this Agreement.
Acceptable Use
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As a condition of use of this site or our
products and services, you commit to M&M
Specialties, Inc. that you will not use our products and
services to post, transmit or otherwise
distribute unlawful material thus violating
any applicable laws or regulations.
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M&M Specialties, Inc. reserves the right, but is not
obligated, to review materials posted to our
community service, and by its sole
discretion, to remove any such materials
without notice.
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In addition, M&M Specialties, Inc. reserves the right
to terminate your access to any or all of
its community services at any time without
notice for any reason whatsoever.
Linked Sites
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M&M Specialties, Inc. provides linked sites to User as
a convenience only.
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You acknowledge that the linked sites are
not under the control of M&M Specialties,
Inc. and we
are not responsible for the contents or
operation of any linked sites or any link
contained within any changes or updates to
such sites.
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The User should carefully read privacy
statements and terms of use of sites that
link to or from M&M Specialties, Inc. site.
Assignment
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M&M Specialties, Inc. may assign, transfer, delegate
or subcontract our rights and delegate our
duties under this Agreement either wholly or
in part, at any time at our sole discretion
without the User's knowledge or consent.
Relationship
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This Agreement does not imply partnership,
joint venture, employment, franchise or
agency of any kind, between the User and
M&M Specialties, Inc..
Disclaimers & Indemnity
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Use of M&M Specialties, Inc. products and services are
wholly at your own risk.
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To the maximum extent permitted by law and
under no circumstances shall M&M
Specialties, Inc. or
our service partners be liable for any harm
to the User or others resulting from use of
M&M Specialties, Inc. products and services including
without limitation, loss of revenue;
business interruption; loss of business
information or any other financial loss;
loss of rights or services; loss of data;
invasion of privacy.
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M&M Specialties, Inc. endeavors to make any
Internet access service available 24 hours a
day 7 days a week, except for downtime which
is necessitated through upgrades or remedial
or preventative maintenance or undetermined
faults which occur and are outside M&M
Specialties, Inc.'s control. However, we disclaim any
warranty for our products
and services, the adequacy, accuracy or
completeness of the information or services
incorporated at our site, or that said
services would be uninterrupted or
error-free.
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M&M Specialties, Inc. will archive User's data on to
backup mechanisms on a regular basis for the
purposes of disaster recovery. In the event
of equipment failure or data corruption, we
will restore from the last recoverable
archive. In the event of corruption of all
our archives, or in the event that an old
archive is used to restore your data, you
should be prepared to upload your current
data from your own back up. This process
requires that you maintain a recent copy of
your data at your premises at all times as
M&M Specialties, Inc. does not warrant or represent
that its last recoverable archive will
contain your most recent data.
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M&M Specialties, Inc. disclaims any liability for any
errors in or omissions from its information,
services, or materials.
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M&M Specialties, Inc. shall be responsible,
for its commercial products and services,
without charge to the User, for rectifying,
within a reasonable time, by repair, or at
the Company's option, by supply of a
replacement, any defect in the commercial
products and services which the User so
informs the Company about in writing, which
under proper use reasonably appears not to
have been caused by the User or any defect
in the User's hardware or system. This shall
be M&M Specialties, Inc.'s sole and exclusive
liability to the User for any defects in
commercial products and services.
Termination
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M&M Specialties, Inc. may terminate or suspend an
Agreement with the User and your access to
its site and services either wholly or
in part at any time, with or without
reasons, and with or without notice.
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If M&M
Specialties, Inc.
is unable to charge the relevant fees to
your nominated credit card or if you are
otherwise in breach of this
Agreement, in each case M&M
Specialties, Inc.
will notify you of the suspension of our
services and what needs to be done to lift
the suspension.
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Upon the effective date of any such
termination all rights granted to User will
terminate but provisions detailed in
"Proprietary Rights," and "Disclaimers" as
above will survive.
Governing Law
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This Agreement will be interpreted and
applied in accordance with the laws of
USA
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In any action or proceeding to enforce
rights under this Agreement, the prevailing
party will be entitled to recover costs
and attorneys' fees, whether or not a suit
is actually filed.
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