Terms and Conditions

WEBSITE TERMS OF USE

 

Please read these Terms of Use carefully before using this website.  Your access to or use of the website constitutes your agreement to abide by these Terms of Use.  If you do not agree to abide by these Terms of Use, then you may not access or use this website.

Ownership of Site; Contract
These Terms of Use apply to MiTek Industries, Inc.'s website located at www.mii.com, and to all associated websites of MiTek Industries, Inc.'s subsidiaries and affiliates linked to www.mii.com (collectively, the “Site”).  The Site is the property of MiTek Industries, Inc., including its subsidiaries and affiliates (“MiTek”).  These Terms of Use are a contract between you (the user or viewer of the Site) and MiTek governing your access to and use of the Site.

Site Content
All text, user interfaces, images, photographs, videos, audio, music, artwork, trade names, trademarks, service marks, logos, and computer code (collectively, “Content”), including the design, selection, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, licensed or used with permission by MiTek, and is protected by trademark, trade dress, copyright, patent and various other intellectual property rights and laws.  Nothing contained in these Terms of Use nor on the Site grants, by implication, estoppel or otherwise, any license or right to use any Content, including MiTek's trade names, trademarks, service marks, logos, and patents, without MiTek's prior written consent.  In addition, MiTek does not transfer title to any portion of the Site or Content to you.

Nothing in the Site or Content, including any software available through the Site, constitutes or is intended to constitute engineering or professional advice and cannot be used for such purposes.

The information on this Site is for general purposes only, and may not always be accurate, complete or current.  As such, the information on this Site should not be relied upon or used as the sole basis for making decisions; any reliance on the information on this Site is at your own risk.  This Site may contain certain historical information, which is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

License Information
As long as you comply with these Terms of Use, MiTek grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Site and Content for your personal, noncommercial, informational use only.
 
You may not circumvent or disable any content protection system or digital rights management technology used with the Site or Content; decompile, reverse engineer, disassemble or otherwise reduce the Site or Content, including software made available through the Site, to a human-readable form; remove or alter identification, copyright, trademark or other proprietary notices from the Site or Content; or access or use the Site or Content in an unlawful or unauthorized manner.  In addition, you may not copy, publish, download, modify, transmit, translate, distribute, license, adapt, or exploit in any way the Site or Content, except as expressly permitted in these Terms of Use or with MiTek's prior written consent.

Linked Sites
This Site may contain links to other independent, third-party websites or online resources (“Linked Sites”) solely as a convenience to MiTek's website users.  Inclusion of Linked Sites on the Site does not imply or constitute MiTek's endorsement of the Linked Site or any company, product or service.  Linked Sites may not be reviewed or controlled by MiTek, and MiTek is not responsible for the content, availability, policies or practices of such Linked Sites. Each Linked Site may have its own terms of use and privacy policy that apply when using a Linked Site. You will need to make your own independent determination regarding your interaction with these Linked Sites, and if you decide to access or use such Linked Sites, you do so at your own risk.

It is possible that other websites will provide links to the Site with or without MiTek's authorization. MiTek does not endorse such websites, and is not responsible for any links from those sites to the Site, any content, availability, policies or practices of such other sites, or any loss incurred in connection therewith.

User Conduct 
While accessing or using the Site, you are required to comply with all applicable laws, rules and regulations, including United States export control regulations and any other U.S. or non-U.S. law. By accessing and using the Site, you represent and warrant that your access to and use of the Site will not violate any applicable local, state, national or international law or regulation.

In addition, MiTek expects all users of the Site to respect the rights and dignity of others.  Your access to and use of the Site is conditioned on your compliance with these Terms of Use, including the rules of conduct set forth herein.  You agree not to transmit or otherwise make available through or in connection with the Site anything that, whether or not protected by law:  (i) is or may be unlawful, threatening, abusive, harassing, degrading, hateful, intimidating, or an invasive of another's privacy; (ii) is or may be false, misleading, defamatory, libelous, fraudulent, deceptive, or tortious; (iii) is or may be profane, obscene, indecent, vulgar, pornographic or otherwise offensive; (iv) promotes bigotry, racism, hatred, harm, harassment, or intimidation of an individual or group on the basis of race, ethnicity, nationality, gender, religion, sexual orientation, age, or disability; (v) infringes any proprietary or intellectual property rights of any party or person; (vi) disparages MiTek, including its subsidiaries and affiliates, or its promotional partners; (vii) is or may be non-public information about a company without the proper authorization to do so; or (viii) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation.

You also agree that you will not:  (i) impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity; (ii) interfere with or disrupt the Site, servers, equipment, or networks connected to the Site; (iii) infiltrate or otherwise seek to gain unauthorized access to the Site; or (iv) collect or store information, including personally identifiable information, about the users of the Site or use such information for any purpose inconsistent with the purpose of the Site.

Privacy Policy 
MiTek's Privacy Policy applies to use of this Site, and is incorporated by reference into these Terms of Use.  If there is a conflict between these Terms of Use and the Privacy Policy, the terms of the Privacy Policy will control.

Additional Terms and Conditions; Purchases
Additional terms and conditions may apply to services available through the Site, such as license terms that may accompany software available through the Site to which you may be required to agree before using such software. Any additional terms and conditions will be disclosed to you at the time you access or receive such services, and are incorporated by reference into these Terms of Use.  In the event of a conflict between these Terms of Use and the additional terms and conditions, the latter terms shall control with respect to your use of the specific service.

MiTek's obligations with regard to the sale of its products are governed solely by the purchase agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.  MiTek may make changes to any products described on the Site, or to the applicable prices for any such products, at any time, without notice. While MiTek will endeavor to keep information current, the product information on the Site may be, from time-to-time out of date, and MiTek makes no commitment to update the product information on the Site.

Accounts, Passwords and Security
In order to access certain portions of the Site or services available through the Site, you may be required to establish an account, user name, and password, which may be governed by additional terms and conditions provided to you at the time you create an account. 

You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from MiTek and, to the extent applicable, your payment information.  In addition, you agree to take reasonable steps to maintain the security and confidentiality of your account, user name, and password, and take responsibility for all activities under your account as a result of your failing to keep this information secure and confidential. 

You agree to promptly notify MiTek of any unauthorized use of your account, user name, or password, or any other breach of security that you become aware of involving your account, username, or password.  You may not use anyone else's account, user name, or password without the express permission and consent of the owner of that information.

User Content
All information (other than personal information, which is governed by MiTek's Privacy Policy), including text, images, photographs, videos, audio, music, artwork, data, and other materials that you submit or make available to MiTek through the Site or otherwise is referred to in these Terms of Use as “User Content.” 

We do not claim ownership to your User Content; however, by making User Content available to MiTek through the Site or otherwise, you grant MiTek a royalty-free, worldwide, perpetual, irrevocable, nonexclusive and fully sublicensable right and license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, transmit, reproduce, distribute, copy, print, publish, publicly display, translate, create derivative works from, modify, adapt, make available, and otherwise exploit such User Content, in whole or in part, and to incorporate it in other works in any form, media or technology now known or hereafter devised in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.  You also waive and agree not to enforce any moral rights or similar rights in or to the User Content against MiTek or its licensees, agents, representatives and other authorized users.  The foregoing rights and licenses regarding User Content shall survive termination of these Terms of Use for any reason.

For all User Content, you represent and warrant that you own or have the right and permission, without the need for payment to any other person or entity, to grant the rights and licenses granted under these Terms of Use to the User Content, and that such User Content does not infringe or otherwise violate the copyright, trademark, trade secret, patent, privacy or other intellectual property or other rights of any third party.  You agree to indemnify, defend, and hold MiTek and its subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against them by any third party arising out of or in connection with their use or exploitation of your User Content. 

We have the right (but have no obligation) to monitor, screen, post, remove, modify, store, and review User Content at any time and for any reason, including to ensure that the User Content conforms to these Tterms of Use, without prior notice to you.   MiTek is not responsible for any decision, lack of decision, or delay in editing or removing User Content.

The opinions expressed in any User Content reflect solely the opinions of the individual(s) responsible for such User Content, and may not reflect the opinions of MiTek.  MiTek is not responsible for, and does not endorse, the opinions, views, advice or recommendations reflected in User Content.  In addition, MiTek has no control over the use or misuse by any third party of User Content voluntarily made public through the Site.  If you choose to make any of your personally-identifiable or other information publicly available in User Content or otherwise, you do so solely at your own risk.

Feedback and Information
Unless agreed to by MiTek in advance and in writing, any ideas or feedback (“submissions”), including ideas for new or improved products or technologies, product or service enhancements, processes, materials, or marketing plans, that you submit to MiTek, solicited or unsolicited, will be deemed to be non-confidential, and MiTek will be free to use and exploit such information on an unrestricted basis with no expectation by you of review, compensation or consideration of any type.

In particular, you agree that: (i) your submissions will automatically become the property of MiTek, without any compensation to you; (ii) MiTek may use or exploit the submissions for any purpose and in any way; (iii) there is no obligation for MiTek to review the submissions; (iv) there is no obligation to keep any submissions confidential; and (v) there is no fiduciary or other obligation placed on MiTek by virtue of your submissions.

To help avoid potential misunderstandings if MiTek's products, services, or marketing strategies might seem similar to ideas or feedback submitted by you, please do not submit any unsolicited submissions in any form to MiTek or any of its employees.  Any unsolicited submissions that you nonetheless voluntarily choose to provide will be treated as described in the preceding paragraphs.

Copyright Infringement Notice
If you believe in good faith that materials available on the Site infringe your copyright, then you or your representative may send MiTek a written notice requesting that MiTek remove such material or block access to the materials to copyright@mii.com.  The written notice should include the following information (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) to confirm these requirements):

We recommend that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.

Prohibited Use of the Site
You may not use any scraper, robot, spider or other automated or manual process to access, copy, or monitor any portion of the Site or Content without MiTek's express written permission.  Legitimate search engine indexing is permitted.

You may not attempt to gain unauthorized access to the Site, or any server, equipment, or network connected to the Site by hacking, password “mining,” or any other illegitimate means, nor breach or attempt to breach the security or authentication measures on the Site or any server, equipment, or network connected to the Site.

You may not obtain or attempt to obtain information of any other user of the Site, including accessing or attempting to access any account not owned by you.

You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any server, equipment, or network connected to the Site.

You may not knowingly or recklessly introduce any computer virus or any other harmful computer code, files or program (including, without limitation ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, or rogue security software) that will or is intended to interrupt, impair, destroy, damage, or limit the functionality of the Site or any server, equipment, or network connected to the Site.

Changes to Terms; Termination of Access
MiTek reserves the right, at its sole discretion, to change these Terms of Use from time to time by posting a revised version of these Terms of Use through the Site.  It is your responsibility to check these Terms of Use periodically for changes.  If you do not agree to any change to these Terms of Use, you must discontinue accessing or using the Site.   Your access to and use of the Site following the posting of changes to these Terms of Use will constitute your acceptance of any such changes.  Changes will not apply to any dispute between you and MiTek arising prior to the date on which MiTek posted the revised Terms of Use incorporating such changes.  The “Last Updated” date below indicates when these Terms of Use were last changed.

MiTek may, at any time in its sole discretion and without prior notice, modify or remove all or part of the Site or Content, or charge, modify or waive any fees required to access or use the Site or Content.  You agree that MiTek shall not be liable to you or to any third party for any modification or removal of the Site or Content, including software available through the Site.

Violation of These Terms of Use; Remedies
MiTek may, at any time in its sole discretion and without prior notice, terminate or block your access to or use of the Site or Content, if it determines that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or upon request by law enforcement or other government agencies.  In such event, you agree that MiTek may immediately and without notice to you deactivate or delete your account, user name and password, and all related information and files associated with it.

You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MiTek, for which monetary damages would be inadequate, and you consent to MiTek obtaining any injunctive or equitable relief that MiTek deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MiTek may have at law or in equity.

Upon termination for any reason, your right to access and use the Site and Content, including software available through the Site, will immediately cease. You agree that MiTek will not be liable to you or any third party for any termination of your access to the Site or Content, nor will MiTek be required to make any information or files available to you after any such termination.

If MiTek takes any legal action against you as a result of your violation of these Terms of Use, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MiTek.

Disclaimer of Warranties
THIS SITE, INCLUDING ITS SOFTWARE AND CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, MITEK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE AND THE CONTENT THEREIN; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  

MITEK DOES NOT REPRESENT OR WARRANT THAT THIS SITE, SOFTWARE, CONTENT, OR SERVERS OR ANY FILES OR OTHER DATA YOU MAY DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ADDITIONALLY, MITEK DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

MITEK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR ACCESS TO OR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS TO AND USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MITEK FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP ACCESSING OR USING THE SITE OR CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Your use of or reliance on any information or materials on this Site is entirely at your own risk, for which MiTek shall not be liable. It is your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

Limitation of Liability 
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MITEK BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) EVEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms of Use, MiTek is found to be liable to you for any damage or loss which arises out of or is in any way connected with your access to or use of the site, MiTek's liability shall, in no event, exceed one hundred U.S. dollars (US$100.00).  Subject to the limitation of liability herein, any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred and statutory damages, but in no event attorneys' fees, and you hereby waive any and all rights to have damages multiplied or otherwise increased.  In no event will MiTek be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. 

Indemnification
By accessing or using the Site or Content, you agree that, to the greatest extent permitted by law, you will defend, indemnify and hold harmless MiTek and its affiliates, and their respective officers, directors and employees, from any and all demands, claims, loss, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with:  (i) your access to or use of the Site; (ii) any violation of these Terms of Use by you or through your account, user name, or password; and (iii) any allegation that any User Content or other materials that you make available through the Site infringes or violates the copyright, trademark, trade secret, patent, privacy or other intellectual property or other rights of any third party.

Applicable Laws; Venue 
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. By using the Site, you also agree and consent to the personal jurisdiction and venue for any dispute with MiTek or relating to your access or use of the Site in the state courts located in St. Louis County, Missouri, or the federal courts located in the City of St. Louis, Missouri, and waive any objection to such personal jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. 

Access from Outside U.S.
This Site is operated and administered from the United States. Other MiTek sites linked through the Site may be operated or administered from various locations outside the U.S.  MiTek does not represent or warrant that the Site, Content, or any part thereof is appropriate or available for use in any particular jurisdiction. If you access this Site from a location outside of the U.S., you do so on your own risk and initiative, and are solely responsible for compliance with all applicable local laws.  MiTek may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion.

Although the Site is accessible worldwide, not all features, products, or services referenced, provided or available through the Site are available to all persons or in all geographic locations. Any offer for any feature, product or service made on the Site is void where prohibited.


Miscellaneous
If any provision of these Terms of Use are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by MiTek shall be deemed a waiver of such provision or other right in the future, nor shall any course of conduct between MiTek and you or any other party be deemed to modify any provision of these Terms of Use.

The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

These Terms of Use constitute the entire agreement between you and MiTek with regard to your access to and use of the Site, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MiTek with respect to such access and use. 

 

How To Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

    Emailing us at: copyright@mii.com
    Calling us at: +1 314 851 2200 or
    Writing us at:
Corporate Trademark Department
MiTek Industries, Inc.
16023 Swingley Ridge Road
Chesterfield, MO  63017

Thank you for visiting our site.


Last Updated:    September 1, 2017