2. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
You may use MESA Marks or product names to refer to MESA products and services, provided you follow the following guidelines whenever MESA Marks appear:
- Your use of MESA Marks must not mislead consumers or imply as to any MESA sponsorship, affiliation, or endorsement of your company, or your products or services.
- You should not use MESA Marks, or any other trademarks, service marks, logos, or trade names of MESA, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party’s products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations.
- At least upon the first occurrence of each of the MESA Marks, the ™ symbol shall appear.
- In any material in which the MESA Marks appear, a notice in the following format will be added: “MESA, MESA logo, any names of additional MESA Marks you use, for example: MESA, MESA(tm) are trademarks of MESA”.
- All MESA Marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by MESA, without any variations of the same.
- The MESA Marks shall be used as an adjective followed by the generic term for the product/service.
- Examples: MESA solutions are excellent. Wrong: The MESA performance is excellent. Right: The performance of the MESA solution is excellent.
- The MESA Marks shall not be used as a plural noun, for example: Wrong: These are two MESAs. Right: These are two MESA services.
- The MESA Marks shall *not* be used as a verb. Wrong: The figure was MESAd.
These guidelines are not a definitive statement of proper brand and trademark use. MESA reserves the right to oppose any uses of MESA Marks that MESA, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. MESA further reserves the right to revise these guidelines at any time, without notice.
5. CONTENT, PRODUCTS AND SERVICES INFORMATION
All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalogue listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness thereof for your particular needs of any content, product or service available through the Web Site. Specifications for products and services are subject to change without notice, and MESA reserves the right to make changes relative to processing, materials, or configuration without notice.
YOU ACKNOWLEDGE THAT THE USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY SOFTWARE OR PRODUCTS MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPENDS SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION, AND YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.
All information and Materials on the Web Site or made available therefore are subject to the disclaimers of section 11 below.
6. RESTRICTED SECTIONS
Access to some areas on this Web Site is restricted to users authorized in advance by MESA, in accordance with the MESA policy (“Authorized User(s)”) who have completed a registration process and who have then been granted an authorization for access, through issuance of a unique user ID and password (“Restricted Section(s)”). No persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password. MESA shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password. You agree to immediately notify MESA of any unauthorized use of your user ID and password.
7. SUBMISSIONS OF MATERIALS
Except as may be otherwise provided in a separate written agreement between you and MESA you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, arts, original or creative materials or other information, provided by you in the form of email or submissions to MESA, or postings at this Web Site, are non-confidential and shall become the sole property of MESA to the fullest extent permitted by the applicable law. MESA shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent MESA from becoming the sole owner of any such property, then this provision shall be effective as granting to MESA (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
8. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT
“Interactive Area(s)” shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.
If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (5) is otherwise inappropriate or unlawful.
You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; (c) create a false identity or a forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate the so-called “spam” or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.
MESA is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. MESA reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. MESA reserves the right to edit or delete any material posted on our Web Site, regardless of whether such material violates these standards for content.
WE FURTHER DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
The Interactive Areas shall be used by users in a non-commercial manner only. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Users of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
To learn more about how MESA protects your personal information, such as your name and address, please refer to the MESA Online Privacy Statement http://www.mesa-tec.com/privacy-policy/.
10. LINKING TO THE WEB SITE
Unless you have a written agreement in effect with MESA which states otherwise, links to the Web Site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that MESA is affiliated with any person or entity, or that MESA otherwise endorses, sponsors or affiliates with any product or service; (b) the appearance, position and other aspects of any link to the Web Site may not be such as to damage or dilute the goodwill associated with the MESA name and trademarks; (c) all links to the Web Site must “point” to the URL www.mesa-tec.com and not to other pages within the Web Site; (d) all links to the Web Site, when activated by a user, must not display the Web Site within a “frame” on the linking web site, or any other Web Site.
Without limiting any of the above, MESA reserves the right to revoke its consent described above to providing any links to the Web Site, at any time in its sole discretion.
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, MESA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
MESA DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MESA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL MESA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (REGARDLESS OF WHETHER ANY SUCH CATEGORIES OF LOSS OR DAMAGE COULD REASONABLY HAVE BEEN FORESEEN) THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY MESA.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. THIRD PARTY CONTENT
To the extent that the Web Site contains links to outside services and resources, MESA does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider. Some of the Materials in this Web Site may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of MESA.
15. NO ENDORSEMENT
No reference made in this Web Site to any specific commercial product, process, website or service (or provider of such product, process or service) other than such products, processes, or services of MESA, shall constitute or imply an endorsement, recommendation or favoring by MESA. MESA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Web Site, or websites linking to this Web Site.
16. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
MESA is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property violations on this Web Site or on our servers should be addressed to: office via firstname.lastname@example.org.
By posting software or other content to this site, you warrant to MESA (and we rely on this warranty) that such items are known to you to be free shareware, freeware, etc. or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work.
MESA will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, MESA will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MESA will assume no liability for any losses or damages alleged to arise from the use of or reliance on such software or content. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted to this Web Site.
17. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS