MELLOTT COMPANY TERMS OF USE

 

Last Updated: 10/28/2020

PLEASE READ

Mellott Company (“Mellott,” “we,” or “us”) appreciates your business. These Terms of Use govern your access and use of the websites and mobile applications operated by Mellott (collectively referred to as the “Site”) and any products or services offered through the Site (collectively referred to as the “Services”). These Terms of Use constitute a legal agreement between Mellott and “you” (and similar terms such as “your”) meaning: (i) you in your individual capacity; (ii) any company or other legal entity on whose behalf, or for whose benefit, you are accessing the Site; (iii) any person or entity who may have rights through you; and (iv) any procurement or purchasing system accessing the Site or Services on your behalf. By accessing or using the Site, you acknowledge that you understand, accept, and agree to be bound by these Terms of Use, and our Privacy Policy, which is incorporated by reference into these Terms of Use.  If you do not agree to these Terms of Use, please immediately discontinue accessing or using the Site. 

CONTENT

The Site may provide general information about our Services.  Your eligibility for particular Services is subject to our final determination, restrictions, and acceptance.  We may discontinue or make changes to the information, products, licenses, or Services described on the Site at any time.  Any dated information is current as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such information.  Although we try to provide accurate and timely information on the Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors.  For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on the Site.

The Site’s content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions.  In addition, the Site’s content is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes. 

The Site may contain links to third-party websites, which we do not own or control, but which are being provided for your convenience.  If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website.  The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website or that we are affiliated with the third-party website’s owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.

ACCESSING THE SITE

The Site is not intended for use by any persons who have not yet reached the age of majority in his/her jurisdiction of residence.  The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  You are responsible for compliance with all local laws.  We may restrict your access to the Site during times you are in another country.  By offering information, products, or Services via the Site, no solicitation is made by us to any person to use such information, products, or Services in jurisdictions where the provision of such information, products, or Services is prohibited by law.

To access the Site, you will need a working connection to the Internet via a mobile phone or a web browser on a computing device. You are responsible for all costs, expenses, and fees associated with accessing the Site from your mobile phone or computing device.  From time to time, due to the performance of maintenance; malfunctions or failures of software, equipment, or telecommunications devices; unusual transaction volume; or similar technical reasons, the Site may not be available for your use.  We try to minimize the periods of time during which the Site is unavailable, but offer no guarantees about Site availability. 

Your use of the Site is limited to the intended function of the Site.  Unauthorized use of the Site, including but not limited to unauthorized entry into any of our systems or misuse of any information posted on the Site, is strictly prohibited.  You are prohibited from using the Site in any manner that:

  • Accesses data that is not intended for you;
  • Invades the privacy of, obtains the identity of, or obtains any personal information about any other user of the Site;
  • Probes, scans, or tests the vulnerability of the Site or our network, our security, or our authentication measures without proper authorization;
  • Attempts to interfere with any Service to another user, host, or network or otherwise attempts to disrupt our business, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • Sends unsolicited mail, including promotions and/or advertising of products and services;
  • Is unlawful, fraudulent, or deceptive;
  • Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
  • Encourages conduct that would constitute a criminal offense or that could give rise to civil liability;
  • Violates these Terms of Use, the Privacy Policy, or any other policies or agreements that you enter into with us;
  • Fails to comply with applicable third-party terms; or
  • Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

If you violate any provision of these Terms of Use, we reserve the right to terminate your access to the Site.  Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice.  We may at any time, with or without cause and without prior notice to you, deny you access to the Site.  We may terminate these Terms of Use or the Site, in whole or in part, at any time without prior notice to you.  In the event we terminate this Terms of Use, any existing transactions you have entered into with us shall remain in effect.

E-MAIL COMMUNICATIONS

If you submit an e-mail address to us through the Site, such as when you sign up for our newsletter, we may use your e-mail address to communicate with you electronically.  E-mail is not secure, and you acknowledge that you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your computing device, or matters beyond our control affecting the Internet or your access to the Internet.  For security reasons, we may not be able to respond to certain e-mail requests.  Do not rely on e-mail if you need to contact us immediately. 

SECURITY

We have taken steps to protect the security of your personal information that is collected by or accessible through the Site.  Although we use administrative, technical, and physical security measures to protect your personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet is absolutely secure or that a third party will not be able to access or intercept such information.  We suggest that you routinely scan your devices using a virus protection product as an undetected virus may corrupt and destroy your programs, files, or your hardware.

We are committed to stopping fraud, and reserve the right to take all reasonable measures to detect and prevent it.  For security purposes, we may view, monitor, and record activity on the Site without notice or permission from you.  Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on the Site.  We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Site may result in criminal and/or civil prosecution and immediate termination of your right to use the Site.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on the Site.  Use of unique login information may be required to access certain portions of the Site.  You acknowledge that your login information is unique, and must be kept private and confidential to protect the security of your account.  You agree not to give or make available your login information to any unauthorized individual.  If you believe your login information has been compromised, lost, or stolen, or someone without authorization has attempted to misuse your account, you must notify us immediately (using the contact information below).  If you fail to notify us, you may be liable for all unauthorized activity on your account. 

WARRANTIES / LIMITATIONS OF LIABILITY / INDEMNIFICATION

ALL CONTENT PROVIDED ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION PROVIDED ON THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMATES, VIDEO, OR AUDIO FROM THE SITE OR THE INTERNET.

WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site, including if such use is in violation of these Terms of Use or any applicable law.  You further agree that you will cooperate fully in the defense of any such claims.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

OTHER TERMS & CONDITIONS

These Terms of Use will be governed by the laws of the United States and the State of Pennsylvania without giving effect to any conflict of laws to the contrary.

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or any other rights under these Terms of Use.

If any provisions in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining provisions of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid provisions had not been incorporated in these Terms of Use. 

The headings in these Terms of Use are intended only to help organize these Terms of Use.

CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use at any time without notice to you.  Unless otherwise stated, any modifications to this Terms of Use will go into immediate effect after they have been posted to the Site, as indicated by the “Last Updated” date located at the beginning of these Terms of Use or, if we provide advance notice of the change, on the date specified in any such notice.  Your continued use of the Site or our Services indicates your consent to the Terms of Use posted at the time of use.  Please return to this page periodically to review these Terms of Use for any changes.  

CONTACT US

If you have any questions about these Terms of Use, please contact us at: [email protected]