Terms and Conditions
Ownership of Site; Contract
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.
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.
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.
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.
Additional Terms and Conditions; Purchases
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.
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 email@example.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):
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- identification of the copyrighted work claimed to have been infringed.
- a description of where the material is located on the Site reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help locate content quickly.
- your address, telephone number, and e-mail address.
- a statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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 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.
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.
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.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
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.
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.
How To Contact Us
Emailing us at: firstname.lastname@example.org
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