MPT, INC.
Terms of Use
Last Updated: September 1, 2023
MPT, INC. TERMS OF USE
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Please read these Terms of Use (“Agreement”) carefully before you start to use the Website and Services. By using the Website and Services, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, found a thttps://www.multipricetech.com/privacy-policy, which is incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Website or the Services. Your continued use of the Website and Services constitutes your acceptance and compliance with this Agreement and the Privacy Policy.
1. Definitions "MPT" refers to MPT, Inc., and its subsidiaries, affiliates, employees, officers, directors, and agents. "Website" refers to the MPT website located at [Insert Website URL]. "Services" refers to any services provided by MPT, including but not limited to software applications, products, and information.
2. Acceptance of Terms By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Website or Services. Your acceptance of this Agreement also includes your agreement to comply with all applicable local and state laws or regulations regarding your use of the Website or Services.
3. Intellectual Property All content, materials, and information provided on the Website or included in the Services, including but not limited to text, logo, graphics, images, software, audiovisual content, QR codes, and other marketing materials or solutions, are the intellectual property of MPT and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that you does not acquire ownership rights or licenses to MPT's intellectual property and you agree to use it solely for the purpose of marketing, promoting, and selling the Products in accordance with this Agreement. Any unauthorized use or exploitation of MPT's intellectual property is strictly prohibited.
4. Restrictions on Use You agree not to use the Website or Services in any way that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable. You may not reverse engineer, decompile, or disassemble any software provided by MPT or attempt to access or use any source code or underlying ideas or algorithms of the Website or Services. You may not use the Website or Services to transmit any viruses, worms, malware, or other harmful computer code. You may not use the Website or Services to engage in any activity that could interfere with the operation of the Website or Services or the rights of MPT or others.
5. Force Majeure Neither party shall be held responsible for any failure or delay in fulfilling their obligations under this Agreement due to a force majeure event, such as acts of God, natural disasters, war, terrorism, civil unrest, government actions, or other unforeseen circumstances beyond their control. The affected party must promptly notify the other party of the force majeure event and its anticipated impact and shall be excused from performance to the extent hindered or prevented. Reasonable efforts must be made to mitigate the effects and resume obligations. If a force majeure events persist, either party may terminate the Agreement without incurring liability, except for any outstanding payment obligations. Both parties are expected to collaborate and provide regular updates on the force majeure event, working together in good faith to minimize its impact on the performance of the Agreement.
6. User Content MPT may allow you to submit or post user-generated content, such as reviews, comments, or other materials ("User Content"). By submitting User Content, you grant MPT a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to utilize, reproduce, modify, adapt, publish, translate, distribute, execute, and exhibit such User Content in connection with the Website, Services, and MPT's business. You declare and guarantee that you possess or have obtained the requisite rights and permissions to submit User Content and that the User Content does not violate any third-party rights or applicable laws. MPT reserves the right to remove or modify any User Content without notice and for any reason or no reason.
7. Changes to the Agreement MPT retains the right to revise or modify this Agreement at any time. Such revisions or modifications will take effect upon publication on the Website. By continuing to access or use the Website or Services following any such changes, you indicate your acceptance and agreement to the updated Agreement.
8. Termination MPT may, in its sole discretion, terminate or suspend your access to the Website or Services at any time and for any reason. Upon termination, your right to use the Website or Services will immediately cease, and any provisions of this Agreement that should reasonably survive termination will continue to apply.
9. Limitation of Liability IN NO EVENT WILL MPT, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. MPT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE. YOUR USE OF THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MPT NOR ANY PERSON ASSOCIATED WITH MPT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MPT NOR ANYONE ASSOCIATED WITH MPT REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MPT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification You agree to defend, indemnify and hold harmless MPT, its affiliates, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) claimed by a third party and arising out of or relating to your violation of this Agreement or your use of the Website or Services, including, but not limited to, any use of the Website’s content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Websites.
12. Governing Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of Kentucky, without regard to its conflict of law principles. The parties agree that any legal action or proceeding to enforce or arising out of this Agreement or the business relationship between the parties shall be filed in the federal or state courts located in London, Kentucky. Each part consents and submits to the exclusive personal jurisdiction and venue of such courts, including any federal court with jurisdiction over Laurel County, Kentucky.
13. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Entire Agreement This Agreement and the Privacy Policy represents the complete and exclusive agreement between you and MPT with respect to the Website and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.
If you have any questions about this Agreement, please contact us at support@multipricetech.com.