1. B. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, reproduce, print, and distribute insignificant portions of the Materials retrieved from this Site provided:
(a) the Site and its information are used only for personal, informational, and non-commercial purposes;
(b) you do not modify any of the materials; and
(c) you do not remove or obscure the copyright notice or other notices.
Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission of Industry. Education seminars and/or Webinars on this Site may be reproduced, republished, copied, transmitted or distributed only by the party submitting the information and only if written notice to the Industry is provided prior to submitting the information. The Industry reserves the right to require a submitting party to enter into a separate license agreement with the Industry.
1. C. The Exhibitor Directory on this Site shall only be used for individual, personal, and confidential reference purposes and may be used only pursuant to the terms of this license. The Exhibitor Directory and its contents are proprietary information and products of MHI. The contents of this Exhibitor Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means, except for the user's individual, personal and confidential reference without the prior written consent of MHI â€“ but not for commercial use.
1. D. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in Federal Acquisition Regulations System (FARS), 48 C.F.R. Â§52.227-19 and Department of Defense Federal Acquisition Regulation System (DFARS), 48 C.F.R. Â§252.227-7013.
1. E. Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals unless authorized by the U.S. Government. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
2. User's Grant of License
By submitting information to Industry through this Site, you (1) grant MHI, and its Affiliates the right to use, reproduce, download, print, display, adapt, modify and distribute the information in any form for any purpose and (2) warrant and represent that you own or otherwise control all rights in and to the information and that use of the information by Industry will not infringe or violate the rights of any third party. Further, Industry shall own all copyright rights in any audiovisual works of seminar sessions and sound recordings of seminar sessions. In addition, information submitted to this Site may be reproduced, republished, copied, transmitted or distributed only by the party submitting the information and only if written notice to the Industry is provided prior to submitting the information. Industry reserves the right to require a submitting party to enter into an appropriate agreement with Industry.
3. Linking and Member/Exhibitor Content
3. A. You may provide hot links to this Site provided (a) you do not remove or obscure by framing or otherwise, advertisements, the copyright notice or other notices on this Site, (b) you give Industry notice of such link by sending an email to customerservice[at]promatshow[dot]com, and (c) you discontinue providing hot links to this Site if requested to do so by Industry.
3. B. This Site may provide links to other sites on the internet. These sites are not under the control of MHI. The inclusion of a link to a site does not imply endorsement or sponsorship of the site by MHI or its Affiliates. You acknowledge that MHI is not responsible for the accuracy, copyright compliance, legality, decency or any other aspects of the content of such sites that are accessible via any link on this Site or any changes or updates to the information contained in such sites. MHI provides the linked sites to you as a convenience and does not imply that MHI endorses the site, the organization operating such site, or any products or services of that organization.
3. C. Reasonable precautions have been taken to avoid errors in, and omissions from, the Exhibitor Directory portion of this Site, but MHI does not guarantee content herein and shall not be responsible for errors in, content of, or omissions from membership content in the Exhibitor Directory. The inclusion of member content to the Exhibitor Directory does not imply endorsement of the claims of this content by MHI or its Affiliates. You acknowledge that MHI is not responsible for the accuracy, copyright compliance, legality, or any other aspects of the content of individual member company Exhibitor Directory content.
4. A. This Site is provided on an "as is," "as available" basis, and Industry expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The technical information contained on this Site is provided to MHI by others. While MHI makes every effort to present accurate and reliable information on the Site, MHI does not endorse, approve or certify such information, nor does it guarantee the accuracy, completeness, or efficacy of such information. Use of such information is voluntary, and reliance on it should be undertaken only after an independent review of its accuracy completeness and efficacy.
4.B. DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE INCLUDING WITHOUT LIMITATION THE â€œMATERIALSâ€ ARE PROVIDED "AS IS," AND MHI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. MHI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT.
4. C. Industry disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind, resulting from, arising out of or any way related to: (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third party websites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of this Site or any portion thereof; (d) your use of or inability to use this Site; or (e) equipment or software in connection with this Site.
4. D. DISCLAIMER OF ACCURACY. MHI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. MHI RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICING OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES WITHOUT LIMITATION THE DOCUMENTS AND SOFTWARE. MHI MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE MHI IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
5. Limitation of Liability and Indemnification
5. A. LIMITATION OF LIABILITY. NEITHER MHI NOR ANY OF ITS AFFILATED TRADE ASSOCIATIONS, INDUSTRY GROUPS, MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN INCLUDING, WITHOUT LIMITATION, THE â€œMATERIALS,â€ EVEN IF ADVISED OF THE POSSIBILITY THEREOF INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIREST, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING WITHOUT LIMITATION ATTORNEYSâ€™ FEES, LOST PROFITS, LOSS OF DATA, LOST INCOME, DIMINISHED GOODWILL, DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. MHI AS A COPYRIGHT HOLDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
5. B. Indemnification. Upon the request of Industry, you agree to defend, indemnify and hold harmless MHI, its Affiliated Trade Associations, its Industry Groups, its Members and their officers, directors, employees, subcontractors, agents, successors, and assigns from all liabilities, claims, and expenses including attorneys' fees that arise from your use or misuse of this Site.
6. Service Availability in Foreign Countries
This Site may contain references or cross references to Industry services and to standards and specifications that are not available in, or not applicable in, every country.
7. Trademark Notice
MHI, its "star" logo, MODEX® and ProMat® are registered service marks of MHI. All rights reserved.
8. Governing Law, Venue and Jurisdiction
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site, these Terms and Conditions or any MHI products/services accessed via this Site shall (a) be governed by, and construed in accordance with, the laws of the State of North Carolina, USA, as they apply to agreements made and solely performed in that state without regard to its conflicts of law rules and (b) be subject to the exclusive jurisdiction of the courts of Mecklenburg County in the state of North Carolina or of the United States District Courts located within that county and state, and you hereby submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes.
9. Entire Agreement and Severability of Agreement
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to, and use of, this Site. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
10. Acceptance of Terms and Conditions of Use
By using this Site, you signify your agreement to these Terms and Conditions of Use and any additional terms, conditions and notices contained or referenced herein. If these Terms and Conditions are not acceptable in full and if you do not otherwise agree to them in their entirety, you must immediately terminate your use of this Site.
MHI may terminate this agreement and your access and use of the Site or any portion of it in the event of any conduct by you which MHI in its sole discretion considers to be unacceptable or in the event of any breach by you of the Terms and Conditions.
12. Changes to Site and Terms and Conditions of Use
This Site and these Terms and Conditions of Use may be changed by MHI with or without notice. Please review this page on a regular basis for any such changes. Continued use of the Site following any change constitutes your acceptance of the change.
Please email us at customerservice[at]promatshow[dot]com with any questions you have about these Terms and Conditions.