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Terms & Conditions
Terms and Conditions
Please read the following Terms and Conditions (the “Terms”) carefully before using the website www.mpfiltriusa.com (hereinafter also referred to as the “Website”), which is a portal providing commercial information on products and services offered by MP Filtri USA, Inc. (hereinafter “MP Filtri”, the “Company”, “we”, “us” or “our”).
The Website, the products and services offered by us, the online features, and the information contained on the Website (collectively, the “Web Properties”) are for information purposes only. Except as otherwise set forth herein, it is strictly forbidden to reproduce, retransmit or in any way use such contents without the express authorization of MP Filtri.
BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH MP FILTRI REGARDING YOUR USE OF THE WEB PROPERTIES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY THE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
MP Filtri allows visitors to the Website (“Users”), who accept the Terms, to access and use the information made available on the Website in accordance with the limits granted by law. In order to use some services or information, Users may be required to register and provide certain personal information. The personal information submitted for such purposes is processed in accordance with the methods described in the Privacy Notice located at http://www.mpfiltriusa.com/index.php/privacy-policy-usa/, which shall be deemed an integral part of this document and is incorporated by reference. Users hereby acknowledge that they assume all risks associated with using the Web Properties.
1. Convenience and Information Only. By merely providing access to the Web Properties, MP Filtri does not warrant or represent that: (a) any materials, documents, images, graphics, logos, designs, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; (g) any information obtained in response to questions asked through the Web Properties is accurate or complete; and/or (h) the Content is non-infringing of any third party’s intellectual property rights.
2. No Warranties for Web Properties. MP Filtri will not be held responsible for the use of this Website and any other connected websites owned by MP Filtri (“Connected Websites”). MP Filtri warns anyone visiting this Website and any other Connected Websites that the contents shall be used under the sole responsibility and at the sole risk of the User. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
3. Limitation of Liability. Neither MP Filtri nor any other party involved in the creation, implementation or publication of the Website and any other Connected Websites shall be held liable in any way for any direct, incidental, special, exemplary, punitive, consequential or indirect damage deriving from the access, use or non-use of this Website and any errors or omissions in the content of the Website, the Web Properties, the Content, and/or any products or services purchased through the Web Properties. Additionally, we shall not be liable for negative repercussions to any party based on the use of or inability to use the Web Properties, including, but not limited to, lost goodwill or lost profits. We shall be liable only to the extent of actual damages incurred by you, not to exceed the amount you actually paid to MP Filtri for goods or services in the prior six (6) months, if anything. We are not liable for any personal injury, including death, or property damage caused by your use or misuse of the Web Properties, the Content, and/or any products or services purchased through the Web Properties. MP Filtri shall under no circumstances be liable for any fault, difficulty, discontinuity or impossibility to access and/or use the Website, deriving from circumstances which are beyond its control (including but not limited to faults in the network or the equipment used by the Users to access the Internet, disruptions in the Internet, force majeure or unforeseen circumstances). Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law.
4. Requests and Communication. Requests for authorization to use or reproduce the information contained on the Website or any Connected Websites, the graphic images, page layouts and any other specific characteristics shall be addressed to MP Filtri USA, Inc., Webmaster communication email@example.com, or as set forth at the end of the Terms.
5. Modification and Website Updates. MP Filtri reserves the right to modify the Website at any time without notice to you. If MP Filtri has to perform maintenance on the Website, in order to ensure the correct access and continuity of use, or for any other purpose, the Company may proceed, at any time, and at its sole discretion, to temporarily suspend access to the Website.
6. User Account, Password and Security. To the extent that a user account is created by you to access and use any Web Property (“User Account”), the following shall apply:
&sbsp; (a) User Account. To access certain types of features and the Content available through the Web Properties and/or to purchase our products and services, we may require the use of a username and password after setting up a User Account. You must be eighteen (18) years of age to use the Web Properties and to create a User Account. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
&sbsp; (b) Accurate Information. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete, as applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account, including cancellation of any pending order.
&sbsp; (c) Non-transferability of User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.
7. Intellectual Property. The Content of the Web Properties (including, but not limited to, texts, images, sounds and software) are the property of MP Filtri or is intellectual property controlled or licensed by us, and is protected by copyright laws and by the provisions of international treaties. All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Content. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MP Filtri’s, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without our prior written permission. It is strictly forbidden to reproduce, retransmit or distribute, even partially, or in any way use the Content without the express authorization of MP Filtri.
8. Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. Materials may be made available on or through the Web Properties by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), we will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying us of potential infringement, you must include the following:
• identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works;
• identification of the supposedly infringing material that is to be removed;
• information reasonably sufficient to permit us to locate the material on the Web Properties;
• contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
• a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
• a statement that, under penalty of perjury, the information in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and
• the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
• identification of the supposedly infringing material that is to be removed;
• a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
• the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at firstname.lastname@example.org or by certified mail and marked “Copyright Infringement” to 2055 Quaker Pointe Drive, Quakertown, PA 18951, Attn: DMCA AGENT [NOTE: THE DMCA AGENT MUST BE REGISTERED WITH THE COPYRIGHT OFFICE BY USING THE INTERIM DESIGNATION FORM FOUND AT: http://www.copyright.gov/onlinesp/agent.pdf]
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
9. Third Party Content. Links to third party websites are published on this Website solely to facilitate navigation for Users. MP Filtri does not express any opinion on the contents of these websites or any third party content or applications, features, programs and services and shall not be held responsible for any use of third party information. You agree that such information is provided “as is” and to access such information entirely at your own risk.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
10. Confidentiality and User Liability. Users represent that they will use the Content on the Website diligently and will not disclose, reuse, resell and/or make such information available to third parties for any reason. Users are not authorized to disclose any information on the Website via other channels, and MP Filtri shall be held harmless of any improper or non-compliant use of the information by the Users.
Users are liable if:
• they use the data and information on the Website to impede, abuse, limit or in any way breach the rights of other parties and/or in any manner that is contrary to the purposes of the Website and the provisions in force concerning the protection of personal data;
• they have used the trademarks, trade names and/or logos owned by MP Filtri without the prior written consent of MP Filtri;
• have uploaded and/or used files or other materials containing incorrect data and/or viruses; and/or
• have breached the provisions set forth in the Terms.
11. Additional Remedies. You acknowledge that your conduct that is inconsistent with the provisions of the Terms may cause MP Filtri irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that MP Filtri may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
12. Governing Law and Jurisdiction. Any disputes arising over the Terms and in any case disputes relating to or connected to a User’s use of the Website or Web Properties, even in the case of consolidation of actions, shall be governed by the laws of the Commonwealth of Pennsylvania and shall be referred exclusively to the state or federal courts located in the Commonwealth of Pennsylvania.
13. Local Laws. We make no representation that the Content or the materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
14. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
15. Termination of Service. We may terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. MP Filtri reserves the right to modify this document at any time. Users are invited to periodically consult the page containing the Terms in order to see any applicable amendments. Your use of the Web Properties following your acceptance of any amendment of the Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
2055 Quaker Pointe Drive
Quakertown, PA 18951
Copyright © 2016. MP Filtri USA, Inc. All Rights Reserved.
Effective as of: June 10, 2016
Last updated: June 10, 2016