Terms & Conditions of Use
M.L. Schmitt, Inc
By using http://www.mlschmittelectric.com (the “Site”), you signify that you have read these Terms and Conditions of Use and that you assent to these Terms and Conditions of use. If you do not agree to follow each of the Terms and Conditions of use, do not use this Site.
M.L. Schmitt, Inc. (“MLS”) reserves the right to update these Terms and Conditions at any time. The Site, its content and features are subject to change or terminate without notice in the editorial discretion of MLS. Your continued use of the MLS website will mean that you accept those changes.
MLS grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access the Site.
No Reproduction of Materials. The material on the Site is protected under state and federal copyright and trademark law. By accessing the material on the Site, you do not obtain any ownership interest or rights to the material found on the website, nor are you permitted to create any derivative works of such material. All rights to the content of the Site, or the content or material thereon, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.
Liability of MLS and its Licensors. The use of the MLS Site is at your own risk.
When using the MLS Site, information will be transmitted over a medium which is beyond the control and jurisdiction of MLS. Accordingly, MLS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the MLS Site.
The MLS Site is provided on an “as is” basis. MLS and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Specifically, MLS makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness or timeliness of the content provided by MLS, text, graphics, links, or communications provided on or through the use of the Site.
- The effectiveness of the services provided by MLS or its employees, agents, or representatives.
- The reputation of MLS or its employees, agents, or representatives or the qualifications, expertise, or specialized capabilities of MLS or its employees, agents, or representatives.
In no event, shall MLS, its licensors or any third parties mentioned on the MLS Site be liable for any damages (including without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not MLS is advised of the possibility of such damages. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
All content included as a part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MLS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MLS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without express written permission of MLS. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MLS or our licensors except as expressly authorized by these Terms and Conditions.
General Restrictions. You may not transfer, copy or display the content of the Site. In addition, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the content to any third party. You may not remove any proprietary notices on the Site. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Site or use the Site for any illegal purpose.
User Submissions. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted MLS a royalty-free, perpetual, irrevocable, world-wide non-exclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form or format now known or hereafter developed.
MLS Electronic Communications. Visiting the Site or sending emails to MLS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
MLS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
In consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national or international law;
- Posting material that infringes upon the intellectual property rights of others or on the privacy and publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by MLS in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
- Posting change letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including e-mail addresses without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”; or
- Engaging in any other contact that restricts or inhibits any other person from using or enjoying the Site, or which in the judgment of MLS, exposes MLS or any of its sponsors or guests to any liability or detriment of any type.
MLS reserves the right but is not obligated to do any or all of the following:
- Investigate the allegation that a communication does not conform to the terms of this Agreement;
- Remove communications which are abusive, illegal or disruptive and otherwise fail to conform with these Terms and Conditions;
- Terminating user’s access to any of the Site entirely upon any breach of these Terms and Conditions;
- Monitor, edit or disclose any communication on the Site;
- Edit or delete any communication posted on the Site, regardless of whether or not such communication violates the standards.
MLS reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. MLS has no liability or responsibility to users of the MLS Site or any person or entity for performance or nonperformance of the aforementioned activities.
Advertising and Links to Other Sites. MLS does not endorse the content of any third party website. MLS is not responsible for the content of links, third-party sites, sites framed within the MLS Site or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk. MLS does not endorse any product advertised on the MLS Site. You understand that once you click on a link, you will leave the MLS Site and at that time you are subject to the terms and conditions of the site which you have entered.
Indemnity. You agree to defend, indemnify and hold MLS, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.
General. MLS is based in Springfield, Massachusetts in the United States of America. MLS makes no claims that the Site is appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the MLS Site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever.
MLS utilizes different billing practices for the services it provides depending upon the size, cost, and scope of the job. For jobs determined by MLS in its sole discretion to be smaller in size, cost, and scope: MLS may provide the customer with a verbal cost estimate and then bill the customer after completing the work via an invoice for all costs associated with services, labor, equipment and materials, or may provide a written quote before provide any services. For jobs determined by MLS in its sole discretion to be larger in size, cost, and scope: MLS may provide the customer with a written cost estimate, which may be in the form of a purchase order, and that written cost estimate becomes the complete agreement between MLS and the customer with respect to the services, materials, equipment, and costs described therein. You understand and agree that the billing practices utilized for a particular job are determined by MLS in its sole and exclusive discretion, and that these billing practices are subject to change from time to time, as determined by MLS in its sole and exclusive discretion.
MLS strives to utilize high quality materials, however, MLS is not responsible or liable for any defective products, equipment, or materials purchased from a supplier and utilized or installed by MLS. You understand that MLS may utilize subcontractors or other independent contractors when providing services as MLS determines is appropriate in its sole discretion. MLS is not responsible or liable for the actions, omissions, or conduct of any such subcontractors or independent contractors.
If you are dissatisfied with MLS’s services for any reason, please contact our office at: 371 Taylor Street, P.O. Box 2070, Springfield, Massachusetts 01101; Telephone 413-733-7868; Facsimile 413-731-8819.
Jurisdiction. You expressly agree that exclusive jurisdiction for any dispute with MLS, or in any way relating to your use of the MLS Site, resides in the Courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving MLS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement, Except as Expressly Provided in a Particular “Legal Notice” on the MLS Site. These Terms and Conditions constitute the entire agreement between you and MLS with respect to the use of the MLS Site. Your use of the MLS Site is also subject to the MLS disclaimers, legal notices, and policies posted herewith, each of which is expressly incorporated by reference herein and made a part hereof.
Thank you for your cooperation.
©2016 M.L. Schmitt, Inc. All Rights Reserved.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
The materials on this website (the “Site”) are provided by M.L. Schmitt, Inc. (MLS) as a service to its (customers) and may be used for commercial purposes only. Single copies may be downloaded subject to the provisions below. By downloading any materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or download any materials from it.
M.L. Schmitt, Inc. and M.L. Schmitt are trade names and/or trademarks belonging to MLS, and may not be used without the prior written approval of MLS. All other brands, names, and logos used on the Site are the property of their owners and are used with specific permission by MLS.
SINGLE COPY LICENSE
The materials on this Site are copyrighted, and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the information (“Materials”) found on the MLS Site on a single computer for your personal, noncommercial, internal use only, unless specifically licensed to do otherwise by MLS in writing or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose or any public display, performance, sale, or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
OWNERSHIP OF MATERIALS
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without MLS’s prior written permission. Except as expressly provided herein, MLS does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by MLS in writing or incorporated elsewhere in the Materials.
TERMINATION OF THIS LICENSE
MLS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MLS as a result of this agreement or use of the Site. MLS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the MLS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MLS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MLS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MLS with respect the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. M.L. SCHMITT, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
M.L. SCHMITT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PUROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATIONS, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. M.L. SCHMITT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LINKS TO OTHER MATERIALS
The linked sites are not under the control of MLS, and MLS is not responsible for the content of any linked site or any link contained in a linked site. MLS reserves the right to terminate any link or linking program at any time. MLS does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
This Site is controlled by MLS from its offices within the United States of America. MLS 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 content is 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. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
MLS may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Copyright© 2016 M.L. Schmitt, Inc. All rights reserved.
Springfield, Massachusetts, USA
PRIVACY STATEMENT FOR M.L. SCHMITT, INC.
M.L. Schmitt, Inc. (MLS) has created this privacy statement in order to demonstrate our corporation’s commitment to privacy.
Dreamhost is the hosting provider which houses the servers for http://www.mlschmittelectric.com. Dreamhost has no access to MLS’s user information. It provides back-up servers and it may copy information posted to our servers for purposes of continuation of services. Dreamhost is not permitted to use any information for any purpose.
This Site contains links to other sites. MLS is not responsible for the privacy practices or the content of such websites.
This Site has security measures in place to protect the loss, misuse, and alteration of the information under our control.
Collection of Personal Information from Site Visitors
MLS collects and/or tracks information knowingly provided by the visitor in online forms.
Passive Information Collection
MLS does not retain personal identification information. MLS does log information such as what pages the user visits, browser type, IP address, and access times.
Use of Personal Data Collected
In general, MLS will only use the information you provide to us for the purpose for which such information was provided. MLS may also use this information to deliver to you information about us, and to contact you when necessary. Users may opt-out of receiving future mailings from MLS by following the instructions set forth in the opt-out section below.
MLS does not share any personally identifiable information about users with third parties. We may disclose personal information, including a user’s internet protocol address, when required by law or in good faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Site.
Notification of Changes
We will notify you directly if there is a material change in our privacy practices. We will take commercially reasonable measures to obtain written or active e-mail consent from the user if MLS is going to be using the information collected from the user in a manner different from that stated at the time of collection. We will also post the changes in our Privacy Statement thirty (30) days prior to a change.
Contacting the Website
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, please contact:
M.L. Schmitt, Inc.
371 Taylor Street
P.O. Box 2070
Springfield, MA 01101