TERMS OF USE APPLICABLE TO THE Midwest Model Yachting, LLC WEB SITE
This page states the terms of use for the
Midwest Model Yachting, LLC
website (the "Site"). These terms, together with any associated documentation,
materials and information provided by Midwest Model Yachting,
LLC,
govern the use of the Site by business organizations and their representatives
(referred to as "Customer," or "You" or "Your"). The Site
is owned and operated by Midwest Model Yachting, LLC and is to be used only to
facilitate Customer's ongoing business relationship with Midwest Model Yachting, LLC.
By clicking "accept" and using the Site, You agree to be bound by the terms
set forth herein and You represent that You are
authorized to bind Your business organization to these terms. If You do not agree to
these terms, You should not use or access this Site.
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Authorized Access.
This Site should only be accessed by Customers who are a Midwest Model Yachting, LLC
customer and Midwest Model Yachting, LLC business partners.
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Authorized Uses.
Midwest Model Yachting, LLC authorizes You to view the materials within the Site
("Materials")solely in support of Your business relationship with Midwest
Model Yachting, LLC. You must retain all copyright and other proprietary notices on
Materials.
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Prohibited Uses and Activities.
You agree not to use the Site for any unlawful purpose or for any purpose contrary to
the terms of this Agreement. Without limiting the generality of the foregoing, You
are prohibited from: (i) using any device, software or routing to interfere or
attempt to interfere with the proper working of the Site or any activity being
conducted on the Site;
(ii) taking any action which imposes an unreasonable or disproportionately large load
on the Site's infrastructure;
(iii) disclosing or sharing a password with any party that is not authorized or using
a password for any unauthorized purpose; (iv) attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any way make up
a part of the Site;
(iv) accessing data not intended for You or logging into a server or account which
You are not authorized to access; (v) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measure
without proper authorization;
(vi) attempting to interfere with the use of the Site by any user, host or network,
including without limitation, via means of submitting a virus to the Site,
overloading, "flooding, " "spamming," "mailbombing" or
crashing. Violations of these terms may result in civil or criminal liability and
Midwest Model Yachting, LLC shall be entitled to pursue all legal remedies available.
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No Warranty.
Although Midwest Model Yachting, LLC makes reasonable efforts to ensure that the
information accessible through the Site is reliable, You agree that THIS SITE AND THE
MATERIALS, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE FROM THIS SITE ARE PROVIDED
BY Midwest Model Yachting, LLC "AS IS " AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Midwest Model Yachting, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Midwest Model Yachting, LLC DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT
MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Midwest
Model Yachting, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE
OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
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NO Midwest Model Yachting, LLC LIABILITY.
IN NO EVENT WILL Midwest Model Yachting, LLC, OR ITS AFFILIATES OR AGENTS, BE LIABLE
TO YOU FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH USE OF THE SITE, INCLUDING,
WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES, LOST PROFITS, OR LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR
LOSS OF USE OF THE SITE, EVEN IF Midwest Model Yachting, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES. You also agree that
Midwest Model Yachting, LLC shall not have any liability whatsoever, for any
interruption of any data, information or any aspect of the Site or for any liability
resulting from a cause over which Midwest Model Yachting, LLC does not have control,
including without limitation, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, unauthorized access,
theft, operator errors, severe weather, earthquakes, and strikes or other
labor problems.
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Copyright.
The information accessible through the Site is protected by copyright. The copyright
in all material provided on this Site is held by Midwest Model Yachting, LLC or its
Suppliers.
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Trademarks And Service Marks; Other Sites.
The absence of a product or service name or logo anywhere in the text of this Site
does not constitute a waiver of any trademark or other intellectual property rights
concerning that name or logo. Any questions concerning Trademarks should be referred
to Midwest Model Yachting, LLC through the webmaster, who can be reached by email at
rcsailing@midwestmodelyachting.com Midwest Model Yachting, LLC disclaims any
interest in marks of third parties. Nothing contained on the Site
should be construed as granting, by implication, estoppel or otherwise, any license
or right to use any marks displayed on this Site without the written consent of
Midwest Model Yachting, LLC or the party that may own the marks. Mention of third
party Sites, companies, and links to third party web sites are for informational
purposes only. Midwest Model Yachting, LLC has no control over the contents of third
party web sites and makes no representation whatsoever regarding the
content of any other web sites.
- Third Party and Off Site Links. All third party content and off site links are provided on an "as is" basis. IMT and Trip Stuff.com do not provide, and expressly disclaim all warranties and indemnities, express or implied, and all obligations or liabilities arising out of or in connection with the third party content and off site links.
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Effective Date of Terms.
These terms will become effective upon accessing this site
and they continue to apply to You as long as You use the Site.
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Suspension; Termination.
Midwest Model Yachting, LLC has the right to suspend services through the Site.
Midwest Model Yachting, LLC also has the right to terminate this Agreement with You,
and to deny You access to the site, in the event Midwest Model Yachting, LLC learns
that You have breached this Agreement or when the underlying
business relationship is terminated. You also have the right to terminate this
Agreement by notifying Midwest Model Yachting, LLC, at which time Midwest Model
Yachting, LLC will disable Your account.
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Changes.
Midwest Model Yachting, LLC reserves the right to change this Agreement at any time.
Midwest Model Yachting, LLC may from time to time revise these Terms and Conditions
by updating this posting. Please visit this page periodically to review the current
Terms and Conditions because they are binding on you. Your continued use of the
Site will mean you accept any changes. If the changes are unacceptable to You, You
must cease use of the Site.
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Other Agreements.
The terms of use herein are intended only to govern Your ability to access
information offered through this Site. They do not govern purchasing or other
transactions between us. If You have another agreement with Midwest Model Yachting,
LLC, the terms therein apply to all transactions contemplated in any such agreement,
whether those transactions are effected through this Site or otherwise. If You do not
have another formal purchasing or service agreement with Midwest Model Yachting, LLC,
Midwest Model Yachting, LLC's standard terms of purchase or service, as the case may
be, apply with respect to those types of transactions.
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Jurisdictional Issues.
Unless otherwise specified, the materials in the Site are presented solely for the
purpose of promoting products and providing support to customers. This Site
is controlled and operated by Midwest Model Yachting, LLC from its offices within the
State of Indiana, United States of America. Midwest Model Yachting, LLC makes no
representation that materials in the site are appropriate or available for use in
other locations. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local
laws, including without limitations U.S. export laws and regulations.
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Miscellaneous.
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF INDIANA. You may not assign this Agreement. Midwest Model Yachting, LLC may
assign this Agreement to its subsidiaries or affiliates. Failure to enforce any term
or condition of this Agreement shall not be a waiver of the right to later enforce
such term or condition or any other term or condition of this Agreement. These terms,
together with any associated documentation, materials and information provided by
Midwest Model Yachting, LLC, are the entire agreement with respect to the subject
matter hereof and supersede any previous agreement with respect to the subject matter
hereof. If any provision of these terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining
provisions.