Micro-Trak Systems, Inc.
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By using the Website, you agree not to
upload, post, email or otherwise send or transmit any
material that: (1) contains viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment associated with the Website;
(2) is abusive, illegal, libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights or
otherwise objectionable or which may give rise to liability
or violate any law; (3) is in violation of a copyright,
trademark or other intellectual property or other right of
any person; or (4) requests personally identifiable
information. You also agree not to: (1) impersonate any
other person while using the Website; (2) use the Website
for any unlawful purpose; or (3) upload commercial content
to the Website or use the Website to solicit others without
our express prior written permission. If you use any chat
room or other community on the Website, you will treat other
users with respect.
If you choose to upload video and/or
photographs to the Website, by uploading such video or
photographs you agree that they: (1) do not contain any
copyrighted materials or trademarks that you do not own; and
(2) do not depict any individual or feature the voice of any
individual other than you unless you have obtained
permission from each person depicted or featured in the
video. Any elements or persons that appear in the video
and/or photograph, including without limitation, images,
music, audio, speech, or other audiovisual materials used
must be entirely original, created and performed by the
entrant, or be in the public domain. We may, but have no
obligation to, remove video or photographs that use any
elements that are not original or in the public domain.
We do not and cannot
review all communications and materials posted to the
Website, and we are not responsible for the content of such
communications and materials. You acknowledge that, by
providing you with the ability to view and distribute
user-generated content on the Website, we are acting only as
a passive conduit for such distribution, and we are not
undertaking any obligation or liability relating to any such
content. All such content is offered AS IS, and you view and
use it at your own risk. However, we reserve the right to
block or remove communications or materials that we
determine to be: (a) abusive, defamatory or obscene; (b)
fraudulent, deceptive or misleading; (c) in violation of a
copyright, trademark or other intellectual property or other
right of any person; (d) in violation of these Terms of Use;
or (e) offensive or otherwise unacceptable to us in our sole
discretion. If you become aware of misuse of the Website by
any person, please contact us at
trakmail@micro-trak.com.
Use of Information Submitted
You agree that we are free to use any
comments, information or ideas contained in any
communication you may send to us, without notice,
compensation or acknowledgement to you, for any purpose
whatsoever, including but not limited to developing,
manufacturing and marketing products and services and
creating, modifying or improving the Website or other
products or services.
Termination
We reserve the right
in our sole discretion to terminate or restrict your use of
the Website, without notice, for any or no reason, and
without liability to you or any third party.
Copyright
The entire content of the Website, including but not limited
to text, graphics and code, is the property of Micro-Trak
Systems, Inc. Copyright 2008, Micro-Trak Systems, Inc. ALL
RIGHTS RESERVED. We grant you permission to electronically
copy and print hard copy portions of the Website solely for
your own personal, non-commercial use, provided that you do
not change or delete any proprietary notices from downloaded
or printed materials. Any other use, including but not
limited to the reproduction, distribution, display or
transmission of the Website content is strictly prohibited,
unless authorized by us in writing.
Trademarks
All trademarks, service marks and trade
names of Micro-Trak Systems, Inc. used on the Website are
trademarks or registered trademarks of Micro-Trak Systems,
Inc. in the U.S. and/or other countries. They may not be
used without our prior express written permission. All other
trademarks that appear on the Website are the property of
their respective owners, who may or may not be affiliated
with, connected to or endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WE PRESENT THE WEBSITE "AS IS" AND WITHOUT
ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. We assume no liability or
responsibility for any errors or omissions on the Website;
any failures, delays or interruptions in the Website’s
accessibility; any losses or damages arising from the use of
the Website; or any conduct by other users of the Website.
We reserve the right to deliver the Website in our sole and
absolute discretion. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing may not
apply to you. IN NO EVENT SHALL Micro-Trak Systems, Inc.,
ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR
SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE WEBSITE OR THESE TERMS OF USE, ON ANY THEORY OF
LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
DAMAGE. Some states do not allow the exclusion of certain
damages, so the above may not apply to you. If any authority
holds any portion of this section to be unenforceable, then
liability will be limited to the fullest possible extent
permitted by law.
Indemnification
You agree to indemnify, defend
and hold Micro-Trak Systems, Inc., its shareholders,
officers, directors, employees and agents harmless from and
against any third-party claim or cause of action, including
reasonable attorneys’ fees and court costs, arising,
directly or indirectly, in whole or in part, out of your use
of the Website or your violation of these Terms of Use, any
law or the rights of any third party.
Electronic Notices
By using the Website, you agree to receive
electronic communications from us. You agree that any
notice, agreement, disclosure or other communication that we
send you electronically will satisfy any legal communication
requirements, including that such communications be in
writing.
Third-Party Links
The Website may link to sites operated by
third parties. However, we have no control over these linked
sites, all of which have their own terms of use and data
collection practices. These linked sites are only for your
convenience, and you access them at your own risk.
Disputes
Your use of the Website shall be governed
by the laws of Minnesota, without regard to choice of law
provisions. Except where prohibited, you agree that any and
all disputes, claims and causes of action directly or
indirectly arising out of or relating to the Website
shall be resolved individually, without
resort to any form of class action, and exclusively in the
state or federal courts located in Nicollet County,
Minnesota. Any cause of action or claim you may have with
respect to the Website must be commenced within one (1) year
after the claim or cause of action arises, or it shall be
forever barred.
General
If any provision of these Terms of Use
is held to be invalid or unenforceable, such provision shall
be struck, and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way
define, limit, construe or describe the extent or scope of
such provision. Our failure to enforce any provision of
these Terms of Use shall not constitute a waiver of that or
any other provision. These Terms of Use set forth the entire
understanding and agreement between you and Micro-Trak
Systems, Inc. with respect to the subject matter hereof.
Contact Us
If you have any questions about these
Terms of Use, please contact us at:
trakmail@micro-trak.com.
Micro-Trak Systems, Inc.
P. O. Box 99
111 East LeRay Avenue
Eagle Lake, MN 56024
507.257.3600
