Terms and Conditions of Terms and Conditions of ProMatShow.com Site Usage
MHI, and its Affiliates (collectively, hereinafter "Industry" or "Material Handling Industry") provide all information on this World Wide Website (including the underlying HTML files that implement the hypertext features, hereinafter this "Site") exclusively under the following Terms and Conditions:
1. Ownership, License and Restrictions on Usage
1. A. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belongs to MHI. In addition, the names, images, pictures, logos and icons identifying Industry's products and services in many countries are proprietary marks of the MHI, its Division, or its Affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.
1. B. You are hereby granted a nonexclusive, nontransferable, limited license to view, [download,] reproduce, print, and distribute insignificant portions of 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 license agreement with the Industry.
1. C. 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. §52.227-19 and Department of Defense Federal Acquisition Regulation System (DFARS), 48 C.F.R. §252.227-7013.
2. User's Grant of License
By submitting information to Industry through this Site, you (1) grant MHI, its
Division 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 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 firstname.lastname@example.org, 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, its Division 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.
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 Material Handling
Industry, its Division 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 noninfringement. The technical information contained on this Site is provided to MHI by MHI members. 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. 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.
5. Limitation of Liability
5. A. Under no circumstances shall MHI, its Division, its Affiliates, or any officer, director, employee, subcontractor, agent, successor, or assign of MHI, its Division or its Affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages of any kind whatsoever (including without limitation, attorneys& fees and lost profits) in any way due to, resulting from, or arising in connection with, this Site, including its content, regardless of whether such alleged liability is based on contract, tort, negligence or strict liability. In those jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Industry&s liability in such jurisdictions shall be limited to the extent permitted by law.
5. B. Upon the request of Industry, you agree to defend, indemnify and hold harmless MHI, its Division and its Affiliates 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, the "star" logo, MHIDAS, ISC INTEGRATED SYSTEMS AND CONTROLS and OVERHEAD COMPONENTS MANUFACTURERS are registered service marks of MHI. HARVEST and MHITAP are registered trademarks of MHI. The AS/RS logo is a registered service mark of the MHI Automated Storage/Retrieval Systems Product Section. AAM ASSOCIATION OF MEZZANINE MANUFACTURERS is a registered service mark of The Material Handling Alliance. All rights reserved.
8. Governing Law; Jurisdiction
These Terms and Conditions of Use shall 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 therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the state or federal courts located in the State of North Carolina, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such disputes.
9. Entire Agreement; Severability of Agreement
These Terms and Conditions of Site Usage 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 of Use 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.
11. 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.