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Terms of Use
 
Acceptance Of
Contract Terms

 

The following are terms of a legal agreement between you and MPD ("MPD"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site.

The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by MPD from its offices within the United States. MPD makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. MPD has no duty to update this Site or the materials on this Site and MPD shall not be liable for any failure to update the Site or such materials.

 
Proprietary Rights
 

Content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, trade dress, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and MPD owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, and with prior written permission of MPD or the applicable copyright owner, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The MPD logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by MPD and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

 
Use Restrictions

You are solely responsible for maintaining the secrecy of your passwords. Fulfillment of all web-based orders purchased on account is contingent upon possession of a sufficient credit limit with MPD.

You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. It is strictly prohibited to modify, transmit, distribute, reuse, repost, Aframe@ or use the content of the Site including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of MPD. You also may not, without MPD's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You agree not to reverse engineer, hack, "spam," block, disrupt, or otherwise change or alter the Site, and to do so may subject you to legal liability. MPD will, in its sole discretion, take all appropriate legal action and recourse for violations hereof. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

You may not utilize "software robots," "robots," "spiders," "web crawlers" or utilize computer programs that recursively query the Site over the Internet in order to obtain information from the Site without prior written permission from MPD.

 
Organization
/Corporate Users
Organization/Corporate users of the Site are responsible for their employees, directors, officers, and agents as users of this Site, and are specifically responsible and liable for any and all damages created thereby, and for notifying MPD of the termination of said user's authorization to use this Site. Organization/Corporate users are also responsible and liable to pay for all goods and services purchased through use of this Site. If you purchase products through this site and issue a purchase order, your purchase orders will be accepted by MPD for accounting convenience only. No terms or conditions contained in any purchase order shall amend this Agreement or the information you have submitted to MPD via your online order, or shall otherwise constitute an agreement between the parties.
 
Disclaimers and Limitation of Liability

THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER MPD NOR ITS AFFILIATES, SUBSIDIARIES, OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER MPD NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. FURTHER, MPD MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. MPD SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THIS SITE AND ANY MATERIALS, DATA OR INFORMATION CONTAINED ON THIS SITE.. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MPD, NOR ITS ASSOCIATES, SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.UNDER NO CIRCUMSTANCES SHALL MPD OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT LIMITATION, COMPUTER "VIRUSES", "WORMS", "BUGS", DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MPD RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MPD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MPD or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to MPD will be handled in accordance with MPD's Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 
Terms of Use Revisions MPD may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should agree to regularly visit this page to determine the then current Terms of Use to which you are bound.
 
Applicable Law The Site is created, operated and controlled by MPD in the State of Florida, United States of America. As such, the laws of the State of Florida will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Site and these Terms of Service at any time by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
 
Links to Third-Party Web Sites

The Site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. MPD makes no representations whatsoever about any other Web site which you may access through the Site. When you leave the Site, please understand that MPD has no control over the content on that Web site. In addition, a link to a non-MPD Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. MPD makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

These Terms of Service represent the entire agreement between you and MPD regarding your relationship with MPD and supercede any prior statements or representations. By using the Site YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied with the Site or any content on the Site or with these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.

 
Copyright © 2001-2002 MPD. All rights reserved.
Placed Live on Site 4/22/2002. HL.
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