This Web Site, www.MSTS.com (the “Site”), is offered and made available to you (“User” or “you”), conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, as the same shall constitute a binding agreement (the “Agreement”) between MULTI SERVICE TECHNOLOGY SOLUTIONS, INC (“MSTS”) and you. By accessing and using this Site, you agree to be bound to all such terms, conditions, and notices set forth in this Agreement. If you do not accept these terms and conditions, you must not access or use the Site in any manner. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. MSTS may revise this Agreement at any time by updating this posting. Use of the Site after such changes are posted will signify and constitute your agreement to these revised terms. You should visit this page periodically to review this Agreement. Any rights not expressly granted herein are expressly reserved by MSTS.
I. PERMITTED USE OF THE SITE
(a) The User represents and warrants that he or she possesses the legal right and ability to enter into this Agreement and to use the Site in accordance with all terms and conditions herein. The User further agrees to be financially responsible for all use of the Site. The User may not assign, transfer or sublicense his/her rights and obligations pursuant to this Agreement to any third party.
(b) The Site is for the User’s personal, non-commercial use only. The User agrees not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site, whether in whole or in part, without MSTS’ prior written approval.
(c) The User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Content (as defined below) contained therein or for any other unauthorized purpose without MSTS’ prior written permission. The User agrees not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted thereon. The User agrees not to take any action that imposes an unreasonable or disproportionately large load on MSTS’ infrastructure, bandwidth and hosting capabilities. MSTS reserves the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
II. COPYRIGHT AND TRADEMARK NOTICES; OWNERSHIP
(a) All Content of the Site is: Copyright© MULTI SERVICE TECHNOLOGY SOLUTIONS, INC. All rights reserved.
(b) MULTI SERVICE TECHNOLOGY SOLUTIONS, INC and any other names, logos, designs or marks of MSTS referenced on the Site are the service marks or registered service marks of MSTS. Unless otherwise indicated, all service marks, trademarks, and logos, whether registered or not, as well as trade dress, located on the Site are the sole and exclusive property of MSTS. Other product and company names mentioned herein may be the trademarks of their respective owners.
(c) All materials displayed or otherwise accessible through the Site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under United States and foreign copyright or other laws, and are owned by MSTS, its licensors or the party accredited as the provider of the Content. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to United States and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Site.
III. CURRENCY CONVERSION
From time to time, the Site may provide and list fees, rates and prices for MSTS’ goods, offerings, products and services. If and to the extent prices are set forth in United States currency, such rates are based on various publicly available sources. Rates are not verified as accurate, and actual rates may vary. Currency quotes, if available, are not updated every day. The information supplied by MSTS is believed to be accurate, but MSTS and/or its suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, MSTS advises the User to consult a qualified professional to verify the accuracy of the currency rates. MSTS and/or its suppliers do not authorize the use of this information for any other purposes, except for personal use, and prohibit to the maximum extent permitted by applicable law the resale, redistribution, and use of this information for commercial purposes.
IV. FORWARD LOOKING STATEMENTS
The Site contains forward-looking statements concerning MSTS. These forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to the Site. Actual results could differ materially from those described in any forward-looking statements. MSTS expressly disclaims any obligation to update, amend, supplement or otherwise revise any forward-looking statements contained in the Site to reflect events or circumstances that may arise after the date indicated, except as otherwise required by applicable law.
V. LINKS TO THIRD PARTY SITES
The Site may contain links and pointers to Internet sites maintained by third parties. MSTS does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by MSTS and/or its suppliers. You assume sole responsibility for use of third party links and pointers.
VI. USE OF INFORMATION
(b) Any communications the User sends to the Site or otherwise to MSTS by electronic mail are on a non-confidential basis at all times, and MSTS is under no obligation to refrain from reproducing, publishing or otherwise using such communications in any way and for any purpose. MSTS shall be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services, and no consideration whatsoever shall be due the User arising from MSTS’ use of same
(c) The information provided on the Site is provided solely for reference and informational purposes, and should not be relied upon in connection with any investment decision. The information provided on the Site does not constitute an offer to sell or the solicitation of an offer to buy any securities.
(d) In addition to the foregoing, the information contained on the Site is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
VII. USE OF INTERACTIVE SITE FEATURES
(a) To the extent the Site contains bulletin boards, chat rooms, surveys, feedback pages or other communication facilities (collectively, “forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose.
Download any file that the User knows, or reasonably should know, cannot be legally distributed via the Site.
(b) The User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use the Site only as permitted by these terms and conditions, any additional policies or procedures published in the Site from time to time by MSTS, and in accordance with applicable law. MSTS reserves the right for any reason to remove without notice any Content from the Site, including without limitation, information posted by users on any of the forums made available by MSTS.
(c) MSTS reserves the right to deny, in its sole discretion, any user access to the Site or any portion thereof without notice. MSTS reserves the right to edit any notices or postings for clarity and length. The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by and made available on the Site are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by MSTS, and such communications shall not be considered reviewed, screened, or approved by MSTS.
(d) By posting or uploading any submissions to the Site, the User grants MSTS a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to:
(i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such submissions for any purpose; and
(ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, the User hereby (A) agrees to waive all moral rights in any submission in favor of MSTS; (B) consents to his/her name, address and e-mail appearing as the contributor of any submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a submission; (C) acknowledges and agrees that MSTS is not responsible for any loss, damage, or corruption that may occur to the User’s submissions; and (D) acknowledges and agrees that any submissions he/she delivers to MSTS and/or display on or via the Site will be considered non-confidential.
As a condition of use of the Site, the User agrees to indemnify MSTS, its officers, directors, employees, agents and suppliers from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from the User’s use of the Site, including without limitation, any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.
IX. DISCLAIMER; LIMITATION OF LIABILITY
(a) The information, software, products, and services published on the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MSTS and/or its suppliers may make improvements and/or changes in or to the Site at any time. MSTS and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on the Site for any purpose. All such information, software, products, and services are provided “as is” and “as available” without warranty of any kind.
(b) MSTS and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
(c) SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL MSTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE RELATED TO THE USER’S USE OF THE SITE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MSTS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(d) IN NO EVENT SHALL MSTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED (US$100.00) U.S. DOLLARS EVEN IF MSTS HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(e) MSTS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL MSTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE SITE.
X. EXPORT RESTRICTIONS
(a) The User may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
(b) The User agrees to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of MSTS in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. Neither the services, products or offerings of MSTS nor the underlying information or technology contained within the Site may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to this Agreement, the User agrees to the foregoing and represents and warrants that he/she is not located in, under the control of, or a national or resident of any such country or on any such list.
XI. COPYRIGHT NOTICES
(a) MSTS respects the intellectual property rights of others, and it asks users using the Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send a written notice to MSTS’ Copyright Agent providing the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity
A description of where the material that you claim is infringing is located, such as the URL where it is posted
Your name, address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
MSTS Copyright Agent for notice of claims of copyright infringement can be reached as follows:
MULTI SERVICE TECHNOLOGY SOLUTIONS, INC.
8650 College Boulevard
Overland Park, KS 66210
ATTN: General Counsel
XII. GENERA L
(a) MSTS reserves the right to make any and all changes to the Site at its sole discretion without notice to the User.
(b) MSTS reserves the right to deny access to the Site to anyone at anytime.
(c) This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
(d) This Agreement is governed by the laws of the State of Florida, U.S.A., without reference to conflicts of laws provisions. The User consents to the exclusive jurisdiction and venue of courts in Miami County, Florida U.S.A. for all disputes arising out of or relating to the use of the Site.
(e) Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.