Terms of Use for MLD™ Engines Web Content
a. In General: This web site (the "Site") is provided to you by CERMARK LLC, "CERMARK"). Access to and use of this Site and the services available at this Site are subject to these Web Site Terms and Conditions of Use (the "Terms"). By accessing or using the Site or downloading materials from the Site, you warrant that you are of the age of majority and agree to these Terms. Please, review them carefully. If you do not agree to the Terms, you must immediately log off the Site and may not use the Site.
b. Collection of Visitor Information: Any information collected on this Site is governed by the CERMARK Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with CERMARK and or MLD through the Login/Registration page and you must agree to be bound by any additional applicable terms and conditions which may be provided there.
c. Ownership or Intellectual Property, Limitations on Use: All content, data, and materials contained on this Site, together with all related rights with respect to registered and unregistered copyrights, registered and unregistered trademarks or service marks, patents, trade secrets and all other proprietary rights are exclusively owned or licensed by CERMARK and/or MLD™. All of the foregoing are protected under the laws of the State of California, the United States, foreign jurisdictions, and/or international treaties.
d. Disclaimer: CERMARK expressly disclaims any and all representations and warranties concerning this Site and the accuracy of the information and content on this Site. CERMARK makes no representation or warranty that the products or services advertised or offered on this Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Nothing in these Terms or in any description of products or services shall constitute a representation or warranty with respect to such products or services. CERMARK disclaims any representation or warranty that any information on this Site satisfies the requirements of any educational institution, government agency, association, or other organization. CERMARK expressly disclaims any representations and warranties that this Site will operate in an error-free or uninterrupted manner. Your use and browsing of this Site is done at your own risk, and you hereby assume all risks associated with such activities.
THIS SITE IS PROVIDED TO YOU “AS IS, WITH ALL DEFECTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CERMARK SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS SITE.
Customer Care - Terms of Use
e. Prohibited Activities and Visitor Obligations: As a visitor to this Site you shall not:
i. Violate any applicable local, state, national or international statute, regulation, or law;
ii. Impersonate or use the identity of another person or organization, or falsely state or misrepresent your affiliation.
iii. Engage in any activities or manipulate identifying material to misrepresent the origin of content.
iv. Use this Site for commercial purposes.
f. Indemnification: You agree to indemnify, defend, and hold harmless CERMARK, MLD™ Engines and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms, or your breach of any of your representations or warranties made under these Terms.
g. Limitation of Liability: CERMARK & MLD Engines shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site, or arising out of any other matter, act, or thing associated with this Site or CERMARK's and MLD’s conduct of their businesses. Under no circumstances whatsoever shall CERMARK's aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).
h. Changes to Terms: These Terms may be changed without notice. You expressly waive any right to receive notice of any changes to these Terms. Any use of this Site following the date on which changes to these Terms or the Privacy Policy are published shall constitute your acceptance of all such changes. You should review these Terms often to determine whether any changes have been made.
i. General Provisions: Any failure by CERMARK to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same. These Terms shall be governed by the laws of the State of California in the United States, Canada, Australia, United Kingdom, Hong Kong, and People’s Republic of China without regard to its choice of law principles or rules. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with the Site, venue shall be in the State of California only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in Los Angeles County in the State of California. If any portion of these Terms are held to be invalid, such holding shall not invalidate the other provisions of these Terms.