Terms of Use

WEBSITE TERMS OF USE

Martin Control Services, Inc.(“MCS”) offers you access to www.martincontrols.com (the “Site”) based on the terms contained in this Agreement.  By clicking “I Accept”, you are accepting and agreeing to be bound by each of the terms contained in this Agreement. 

COPYRIGHT & TRADEMARKS:  All of the content included on this Site, including the text, graphics, logos, icons, screens and configurations, is the property of MCS or its licensors and is protected by U.S. and international copyright and trademark laws.  All software used on this Site is the property of MCS or its software suppliers and is also protected by U.S. and international copyright laws.  Any use of the content or software on this Site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

PRIVACY:  All information you provide in accessing and using this Site may be used by MCS as described in our Privacy Policy, which is included as a part of this Agreement.

LINKS:  As a convenience, this Site may contain links to other Internet sites that are owned and operated by third parties.  By offering you these links, MCS is not endorsing any of the other sites and MCS has no responsibility for the content of third party sites.  You access linked sites at your own risk.

DISCLAIMERS:  THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND THE USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.  MCS MAKEs NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT.  NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MCS, Its employees or representatives WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.  This Section shall survive any termination of this Agreement.

LIMITATION OF LIABILITY:  NEITHER MCS NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE sITE OR THE INABILITY TO GAIN ACCESS TO THe SITE.  YOU AGREE THAT, IN NO EVENT SHALL mcs OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THe sITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM MCS’ NEGLIGENCE.  IN ANY EVENT, mcs’ LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive any termination of this Agreement.

APPLICABLE LAW AND JURISDICTION:  This Agreement shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country.  You agree that the United States District Court for the Eastern District of Michigan or the state courts located in Oakland County, Michigan shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.

FORCE MAJEURE:  MCS will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of MCS.

ENTIRE AGREEMENT; NON-SEVERABILITY:
  This Agreement constitutes the entire agreement between you and MCS and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement.  If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.