TERMS AND CONDITIONS OF WEBSITE USE
MELMAC Education Foundation ("MELMAC")
Access to and use of this website (https://www.melmacfoundation.org) is subject to the following Terms and Conditions, including the choice of law and jurisdiction set out in paragraph 12, and all applicable laws which, by accessing and browsing this website, you accept without limitation or qualification to the exclusion of any other agreements between you and MELMAC with respect to the subject matter hereof. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.
Responsibility for Content: While MELMAC uses reasonable efforts to include accurate and up to date information in this website, this website is published “as is” and “as available” without any warranties or representations as to the information, content, or materials contained in it. MELMAC assumes no liability or responsibility for any errors or omissions in the content of this website. You expressly agree that you use and reliance on this website at your own risk and you will impose no obligation or other liability on MELMAC.
Third Party Rights: MELMAC neither warrants nor represents that use of materials or any content displayed on this website will not infringe rights of third parties.
Exclusions and Limitations of Liability: These Terms and Conditions do not exclude or limit any liability that may not be excluded or limited by applicable law. Neither MELMAC, any of its subsidiaries or associated companies, nor any other party involved in creating, producing, or delivering this website shall be liable for any direct, incidental, consequential, indirect, or punitive damages (including, without limitation, loss of profit, loss of revenue, loss of goodwill, loss of management time, third party liability, business interruption, loss of use of any tangible or intangible asset including data recorded on any computer or other machine, or loss of any anticipated benefit) arising out of your access to, or use of, this website, save in the case of fraudulent misrepresentation, or death or personal injury caused by the wilfull misconduct of MELMAC or its authorized representatives.
Without limiting the foregoing, everything on this website is provided without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or noninfringement. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to all users of this website or certain users may have additional rights under applicable laws of their jurisdictions. MELMAC uses reasonable endeavours to protect this website from viruses but assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, a user’s computer equipment or other property, including data, on account of the user’s access to, use of, or browsing in this website or downloading of any materials, data, text, images, video, or audio from this website. MELMAC does not warrant that this website, its servers or any email sent on its behalf is free from viruses or other harmful components. MELMAC recommends a user take all appropriate safeguards before downloading information from this website. Although MELMAC uses reasonable endeavours to maintain this website, MELMAC shall not be liable for any losses caused by failure or stoppage of this website for any reason, including, without limitation, virus contamination, deliberate damage by hackers, failure of hardware, software or systems, power failure, failure of telecommunications lines, channels or frequencies, or any unlawful or criminal activity of a third party.
Rights in Content and Trade Marks: MELMAC is the proprietor of all logos and trademarks associated with this website, unless otherwise indicated. Users should assume that copyright in all content of the site is owned by MELMAC unless otherwise stated, and content may not be used without the prior written permission of MELMAC or other relevant proprietor.
Copying: A user may download material displayed on this website for use in the ordinary and proper course of its business, and any such use must be incidental to the user’s normal business or for private or personal purposes provided the user maintains the integrity of the material, does not use it in a derogatory or misleading context, and retains all copyright and other proprietary notices. A user may not, however, without MELMAC’ written permission: distribute, modify, transmit, re-use, re-post, or use the content (whether text, images, audio, or video) of this website for public or other commercial purposes; or transfer any material to more than ten hard copies of such material, supply any material in any form to a third party for commercial purposes, whether for a fee or otherwise, or without informing such third party of the conditions which apply to such material and such party's use of such material. Each user agrees that it will not: use any automatic device, or manual process to monitor or copy this website or any web pages or the content contained herein without MELMAC’ prior written permission; use any device, software or routine to interfere or attempt to interfere with the proper functioning of this website; take any action that imposes an unreasonable or disproportionately large load on our systems; copy, reproduce, alter, modify, create derivative works, or publicly display any content from this website without the prior expressed written permission of MELMAC and/or the appropriate third party. All other rights are reserved. Without limiting the foregoing, a user may not without MELMAC’ express written permission create a link to this website other than to or via the home page as published on this website from time to time.
Privacy Policy; Data Protection: Any personal data (such as a user’s name, address, telephone number, or e-mail address) transmitted to this website by electronic mail or otherwise, will be used by MELMAC in accordance with the Privacy Policy of this website. Please review our Privacy Policy. Any other communication or material transmitted to this website, such as questions, comments or suggestions, will be treated as non-confidential and not as proprietary to the person who transmitted such communication or information.
Information You Submit: Certain features of this website may allow you to submit information. You may submit information, so long as such information is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined in MELMAC’ sole discretion, and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information you submit.
If you submit information, unless we expressly agree otherwise, you grant MELMAC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any medium. You grant MELMAC and its sublicensees the right to use the name that you submit in connection with such information.
Use of Images: Images of people, places, or objects displayed on this website are either the property of, or used with permission by, MELMAC. You may not use or permit anyone else to use these images unless specifically permitted by these Terms and Conditions, or unless specific permission is provided elsewhere on this website.
License to Use Content: The trademarks and logos (collectively the “trademarks”) displayed on this website are registered and unregistered trademarks of MELMAC and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this website without the written permission of MELMAC, or any third party owner of such trademarks. Use of the trademarks, or of any other content on this website, except as provided in these Terms and Conditions, is strictly prohibited.
Links to Other Sites: Certain hypertext links in this website will lead to websites that are not under the control of MELMAC. Such links are for the convenience of users only, and MELMAC does not endorse any content of any websites linked to this website and gives no representation or warranty (express or implied) as to the information on such sites. MELMAC is not responsible for the nature or the content or the privacy policies of any off-site pages, or any other websites linked to this website.
Linking to this website, off-site pages, or other websites, and in particular downloading computer programs from certain websites, may infringe copyright or introduce computer viruses into the user's own system and is at the user's own risk. Your attention is drawn to the prohibition on creating links to this website other than to or via the home page, in paragraph 5 above.
Breach of Terms and Conditions: You agree to release, indemnify and hold MELMAC and its contractors, affiliates, officers, directors, agents, stockholders, and employees harmless from any claim, liability, damage, cost, expense or demand, including reasonable lawyers' fees and expenses, made by any third party relating to or arising out of your breach of these Terms and Conditions or to any documents they specifically incorporate, or your violation of any law or the rights of a third party.
Updates to Terms and Conditions; Applicable Law; Jurisdiction: MELMAC may at any time revise these Terms and Conditions by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which they are bound. Your continued use of this website after the effective date of any change in these Terms and Conditions constitutes your acceptance of these changed Terms and Conditions.
These Terms and Conditions supersede all previous versions. The laws of the State of Connecticut govern these Terms and Conditions, without reference to its conflicts of laws provisions. By using this website, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts of the State of Connecticut in the event of any dispute, claim or controversy. By using this website you waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.
Severability: If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability will not affect the other provisions of these Terms and Conditions, which will remain in full force and effect.
Export Control: Exports, re-exports, and transfers of MELMAC products, including technology, software, software source code, technical data, related technology, and the direct products thereof (“MELMAC Items”) are subject to United States export controls and sanctions, the most important of which are administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations, and other applicable export control laws and regulations of non-U.S. government agencies (the “Export Controls”). You represent and warrant that you (i) are not under the control of, affiliated with, or representing the Government of Iran or any political subdivision, agency, or instrumentality thereof, (ii) are not located in, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. trade embargo or sanctions; (iii) are not on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List; and (iv) will not use the MELMAC Items in any activities related to the design, development, production, or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or chemical or biological weapons in any country; and (v) will not use the MELMAC Items for a military end-use or a military end-user in China, Russia or any other country designated in EAR Supplement No. 1 to Part 740, Country Group D1.
The above lists of U.S. embargoed/sanctioned or restricted D1 country destinations, entities or denied persons are subject to change.
Copyright Complaints: MELMAC’ Designated Agent for a notification of claimed infringement can be reached as follows:
MELMAC Education Foundation
188 Whitten Rd, Augusta, ME 04330
e-mail: info@melmacfoundation.org
Tel: (207) 622-3066