ACCEPTANCE OF TERMS
All sales by MechMotion to Buyer of the units of products specified in the document
to which these Terms of Sale are attached (the "Products") will be
governed by these terms and conditions (these "Terms of Sale"). If
the terms and conditions of any offer from Buyer or any other Buyer document
differ from these Terms of Sale these Terms of Sale shall be construed as a
counteroffer and will not be effective as an acceptance of Buyer's terms and
conditions, which are hereby rejected. THESE TERMS OF SALE SHALL BE THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE TERMS OF AGREEMENT BETWEEN BUYER AND MECHMOTION.
Buyer's failure to dissent to these Terms of Sale in writing within five (5)
days of receipt thereof or Buyer's acceptance of the Products shall constitute
acceptance of these Terms of Sale. No addition to or modification of these Terms
of Sale will be effective unless made in writing signed by MechMotion.
QUOTATIONS AND PRICES
If the document to which these Terms of Sale are attached (the "Document")
is a price quotation, such quotation is valid for thirty (30) days. Unless otherwise
stated in writing by MechMotion, all prices set forth on the Document shall
be exclusive of shipping, insurance, taxes, license fees, customs duties and
other charges related thereto, and Buyer shall pay all such charges related
thereto; provided that, if MechMotion, in its sole discretion, chooses to pay
any such charges, Buyer shall reimburse MechMotion therefore in full upon demand.
Any volume-based discounts set forth in the Document will be rescinded if Buyer
fails to meet the conditions outlined in the Document and/or the corresponding
MechMotion quotation.
PURCHASE ORDER PAYMENT
Except as otherwise specified, all payments are due and payable in U.S. dollars
within thirty (30) days from the invoice date. MechMotion reserves the right
to require alternative payment terms, including, without limitation, a letter
of credit or payment in advance. Payments not made by the due date may incur,
at the sole discretion of MechMotion, a late payment service charge of the lesser
of one and one-half percent (1-1/2%) per month or the maximum rate permitted
by law, computed from the date payment was due. All payments, including deposits,
shall be non-refundable. MechMotion shall retain a purchase money security interest
and/or other security interest in the Products, and in any proceeds thereof,
including insurance proceeds, until Buyer has made all payments required hereunder.
Buyer agrees to take any acts (including executing and delivering all documents)
reasonably requested by MechMotion to protect, maintain, and perfect MechMotions'
security interest.
ONLINE ORDERS
Online orders are charged to your credit card immediately upon completion of
checkout. Shipment will be made according to the specified shipment lead time
estimated in the product description. All sales by MechMotion to Buyer of the
units of products specified on the website: www.mechmotion.com
(the "Products") will be governed by these terms and conditions (these
"Terms of Sale").
SHIPPING
Shipping and delivery dates are estimates only, and in no event shall MechMotion
be liable for any delay in delivery or assume any liability in connection with
shipment. All Products shall be delivered F.O.B. MechMotion' place of shipment.
Shipment costs shall be prepaid by Buyer if requested by MechMotion. If MechMotion
insures shipment, Buyer shall pay insurance costs as invoiced by MechMotion.
Risk of loss and damage thereto shall pass to Buyer upon MechMotions' tender
of delivery thereof to a carrier at the F.O.B. point, and any loss or damage
thereafter shall not relieve Buyer from any payment obligation. The carrier
shall not be deemed an agent of MechMotion.
WARRANTY
MechMotion hereby warrants to Buyer, that during the applicable Warranty Period
(as defined below) the Products will conform to MechMotions' published specifications
and will be free of defects in materials or workmanship when used, installed
and maintained in accordance with MechMotion' published specifications. MechMotions'
sole liability and Buyer's sole and exclusive remedy for breach of warranty
shall be limited to, at MechMotions' option, either repairing or replacing
the defective components of the Product or crediting Buyer for the amount Buyer
has paid to MechMotion for the applicable Product. MechMotions' liability shall
apply only to Products which are returned to the factory or authorized repair
point, with shipping charges prepaid by Buyer, and which are, after examination,
determined to MechMotion' satisfaction to be defective due to defects in materials
or workmanship. MechMotion will only accept returns authorized by a MechMotion
customer service representative and with a valid RMA number. This warranty does
not apply to Products which are designated by MechMotion as "Pre-Production
Products", e.g. Alpha, Beta or Prototypes or are Products which have been
repaired or modified without MechMotions' written approval, or subjected to
unusual physical, thermal, optical or electrical stress, improper installation
or cleaning, misuse, abuse, accident or negligence in use, storage, transportation
or handling. In addition, the warranty of '30-day guaranteed satisfaction'
set forth in the most recently published MechMotion catalog specifically excludes
systems, instruments, build-to-order Products, customized Products, and Products
ordered under blanket purchase orders. The "Warranty Period" during
which this warranty applies varies with Product type as follows: (a) for standard
products manufactured by MechMotion only - Ninety (90) calendar days after the
date of original shipment; (b) for any other product including, without limitation
all product types as set forth in sections a of this clause 5 which are in any
way customized, build-to-order, otherwise non-standard and/or are subject of
a blanket purchase order - Thirty (30) calendar days after the date of original
shipment unless otherwise agreed in writing on a case by case basis. If in relation
to any Product MechMotion offers as an additional purchase option a warranty
period over and above that which is set out in sections a and b of this clause
("Extended Warranty") and Buyer exercises such option then the Warranty
Period shall be the duration as specified on such Extended Warranty commencing
on the date of original shipment. Any Extended Warranty option is only available
at the time of and on the same order as the original Product purchase. MechMotion
will extend the applicable Warranty Period by Thirty (30) calendar days for
the specific characteristic of the Product that is repaired by MechMotion during
the Warranty Period. For Products that are discontinued, MechMotion' liability
shall terminate at the end of the applicable Warranty Period. Except for the
warranty stated herein and to the extent permitted by applicable law MECHMOTION
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT.
TERMS AND CONDITIONS OF SALE
LIMITATION OF LIABILITY
To the extent not prohibited by applicable law: (a) MechMotion' aggregate liability
to Buyer for claims relating to the Products, whether for infringement, breach
or in tort, including negligence, is limited to the amounts Buyer has paid to
MechMotion for the Products; and (b) MECHMOTION WILL NOT BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR
ARISING OUT OF THESE TERMS OF SALE, THE DOCUMENT, THE PRODUCTS OR THE SALE,
INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS
(INCLUDING, BUT NOT LIMITED TO, REPLACEMENT COSTS OR LOSS OF BUSINESS, REVENUE,
PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER
FOR BREACH OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF MECHMOTION HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The parties acknowledge that if
MechMotion provides the Products to Buyer, it does so in reliance upon the limitations
of liability and the disclaimers of warranties and damages set forth herein,
and that the same form an essential basis of the bargain between the parties.
Liability for damages will be limited and excluded as set forth in this paragraph,
even if any exclusive remedy provided for in these Terms of Sale fails of its
essential purpose.
INTELLECTUAL PROPERTY RIGHTS
Any Intellectual Property Rights on a worldwide basis, including, without limitation,
patentable inventions (whether or not applied for), patents, patent rights,
copyrights, work of authorship, moral rights, trademarks, service marks, trade
names, trade dress trade secrets and all applications and registrations of all
of the foregoing resulting from the performance of these Terms of Sale that
is conceived, developed, discovered or reduced to practice by MechMotion, shall
be the exclusive property of MechMotion. Specifically, MechMotion shall exclusively
own all rights, title and interest (including, without limitation, all Intellectual
Property Rights throughout the world) in and to the Products and any and all
inventions, works of authorship, layouts, know-how, ideas or information discovered,
developed, made, conceived or reduced to practice, by MechMotion, in the course
of the performance of these Terms of Sale.
CHANGES, DELAYS OF SHIPMENT, OR
CANCELLATION
AGGREGATE ORDERS FOR STANDARD PRODUCTS NOT EXCEEDING $5,000: All orders of MechMotion
manufactured products, excluding orders for standard product exceeding $5,000
in aggregate, OEMs, and custom orders may be cancelled upon approval and may
be subject to restocking fees. OEM, CUSTOM ORDERS AND AGGREGATE ORDERS IN EXCESS
OF $5,000: Buyer's order for standard product exceeding $5,000 in aggregate
and OEM, or custom products may only be changed, delayed, or cancelled with
the prior written consent of MechMotion. If MechMotion, in its sole discretion,
accepts such change, delay or cancellation, buyer shall compensate MechMotion
for any resulting loss or damage including, without limitation, the cost of
labor, materials, and overhead expenses or upon cancellation, a fee for minimum
of sixty-five (65) percent of the amount remaining on the purchase order as
of the date of cancellation. In addition, customer initiated delays of shipments
exceeding 180 days from the original delivery date will be deemed a cancellation
and fall under this cancellation policy.
REMEDIES
MechMotion shall have the right to terminate any order, or to delay the shipment
thereof, by reason of Buyer's bankruptcy or insolvency, breach of any terms
herein, unauthorized assignment, or the pendency of any proceedings against
Buyer under any statute for the relief of debtors.
EXPORT CONTROL
Buyer shall comply with all applicable laws, regulations and treaties relating
to the sale and destination of the Products, including, without limitation,
U.S. export control regulations. Buyer agrees not to sell any of the Products
in any territory or country prohibited by applicable U.S. laws and to obtain
representations from its customers that they will not resell or transfer any
of the Products to such countries or territories. Buyer will defend, indemnify
and hold MechMotion harmless for any damages or costs to MechMotion arising
from Buyer's failure to comply with these terms.
INSPECTION
All Products delivered hereunder shall be deemed accepted by Buyer, unless written
notice of defect or nonconformity is received by MechMotion within ten (10)
days of receipt of Products at Buyer's designated receiving address; provided
that Buyer may only reject Products for failure to meet the Products' specifications.
MISCELLANEOUS
Nothing in these Terms of Sale or the sale of the Products shall imply any license
or other rights with respect to any intellectual property rights of MechMotion
or its suppliers, and MechMotion reserves all such rights. All waivers of any
right hereunder must be in writing and signed by MechMotion. Waiver of a breach
by the other party of any provision of these Terms of Sale shall not be deemed
a waiver of future compliance therewith, and such provision shall remain in
full force and effect. If any provision of these Terms of Sale is held invalid
by any U.S. law or regulation or by any U.S. court having valid jurisdiction,
such invalidity will not affect the enforceability of other provisions. These
Terms of Sale and Buyer's rights hereunder may not be assigned by Buyer without
the prior written consent of MechMotion, and any unauthorized assignment by
Buyer shall be void. These Terms of Sale shall be governed by the laws of the
State of California without reference to any conflict of law rule that would
cause the application of the laws of any other jurisdiction and without regards
to the U.N. Convention on Contracts for the International Sale of Goods. Buyer
and MechMotion expressly agree that any disputes under these Terms of Sale shall
be resolved exclusively in the District Court for the Northern District of California
or in the Superior Court of California, County of Santa Clara. These Terms of
Sale constitute the entire agreement between Buyer and MechMotion with respect
to Buyer's purchase of the Products and supersedes all prior agreements and
understandings with respect to such purchase and may not be changed or amended,
or superseded by conflicting terms and conditions submitted by Buyer, except
by a written instrument signed by an authorized MechMotion representative.
ACCEPTANCE OF TERMS
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.
MechMotion, Inc. ("MECHMOTION," "we," "us") provides
this website and all site-related services (collectively, the "Site")
subject to your compliance with the terms and conditions set forth in this Terms
of Use Agreement (the "Agreement"). This Agreement governs the relationship
between MECHMOTION and you, the Site visitor, including your employer and any
affiliates and its or their employees, contractors and agents ("you"),
with respect to your use of the Site. It is important that you read carefully
and understand the terms and conditions of this Agreement. By using the Site,
you agree to be bound by this Agreement. If you do not agree to these terms
and conditions, please do not use this Site. MECHMOTION reserves the right to
change these terms and conditions from time to time at its sole discretion without
notice, and any changes MECHMOTION makes will be effective immediately upon
posting such changes on the Site. Your continued use of the Site following such
changes will be deemed acceptance of such changes. Please return to this page
periodically to ensure familiarity with the most current version of this Agreement.
Upon our request, you agree to sign a non-electronic version of this Agreement.
This Agreement applies to all visits to the Site, both now and in the future.
INTELLECTUAL PROPERTY NOTICE
The information and materials provided through the Site, including, without
limitation, any data, text, graphics, images,
audio and video clips, logos, icons, software and links (collectively, the "Materials"),
are intended to educate and inform you about MECHMOTION and its products and
services. Unless otherwise specified on the Site, you may download Materials
and may use the downloaded Materials solely for non-commercial, internal business
needs within your organization. You may print a single copy of any textual Material
available for downloading on the Site, and such downloads or copies are subject
to this Agreement. No other use of the Materials is authorized. You may not
download, copy or use any of the Materials except as expressly authorized by
this Agreement, and in any event, you may not distribute, modify, transmit or
publicly display the Materials without the prior written consent of MECHMOTION
or, if so indicated in writing by MECHMOTION, its licensors or suppliers. In
consideration of this authorization, you agree that any copy of these Materials
will retain all copyright and other proprietary notices in the same form and
manner as on the original. Except as specified above, nothing contained herein
will be construed as conferring by implication, estoppel or otherwise any license
or right under any intellectual property rights of MECHMOTION or any third party.
All Materials on this Site remain the property of MECHMOTION or its licensors
or suppliers. The Materials and the selection, compilation, collection, arrangement
and assembly thereof are protected by U.S. and international copyright, trademark
and other laws. You acknowledge that these rights are valid and enforceable
and that you do not acquire any ownership rights by using the Site or the Materials.
The MECHMOTION logo displayed on the Site, is the unregistered trademark of
MECHMOTION. The Trademarks, logos, and service marks displayed on the Site,
including, without limitation, MECHMOTION (collectively, the "Trademark
") are the registered and unregistered Trademarks of MECHMOTION, MECHMOTIONS'
licensors and suppliers, or others. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any license or
right to use any Trademark without the express written permission of MECHMOTION,
MECHMOTIONS' licensors or suppliers, or the third party owner of any such Trademark.
The Trademarks owned by MECHMOTION, whether registered or unregistered, may
not be used in connection with any product or service that is not sponsored
by, affiliated with or produced by MECHMOTION, in any manner that is likely
to cause consumer confusion as to the origin of such product or service, or
in any manner that disparages MECHMOTION. Misuse of any Trademarks is prohibited,
and MECHMOTION will aggressively enforce its intellectual property rights in
such Trademarks, including via civil and criminal proceedings.
CODE OF CONDUCT
While using the Site, you agree not to:
- Restrict or inhibit any other
visitor from using the Site, including, without limitation, by means of "hacking"
or defacing any portion of the Site;
- Use the Site or Materials for
any unlawful purpose;
- Express or imply that any statements
you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information
that is unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable, or infringes our or any third party's
intellectual property or other rights; (b) any, material, non-public information
about companies without the authorization to do so; (c) any trade secret of
any third party; or (d) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other
materials that contain any viruses, worms, trojan horses, defects, date bombs,
time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark
or other proprietary rights notices contained in the Site or Materials;
- "Frame" or "mirror"
any part of the Site without our prior written authorization;
- Link to any page of or content
on the Site other than the URL located at http://www.mechmotion.com;
- Use any robot, spider, site search/retrieval
application or other manual or automatic device or process to retrieve, index,
"data mine" or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents; or
- Harvest or collect information
about Site visitors or members without their express consent. While using
the Site and the Materials, you agree to comply with all applicable laws,
rules and regulations.
CLAIMS OF COPYRIGHT INFRINGEMENT
MechMotion is committed to respecting others' intellectual property rights,
and we ask our users to do the same. MechMotion may, in its sole discretion,
terminate the access rights of users who violate others' intellectual property
rights. The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you believe
in good faith that materials hosted by MechMotion infringe your copyright (for
example, materials posted by MechMotion), you (or your agent) may send us a
notice requesting that the material be removed, or access to it blocked. The
notice must include the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed (or if multiple copyrighted works located on
the Site are covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be infringing
or the subject of infringing activity, and information reasonably sufficient
to allow MechMotion to locate the material on the Site; (d) the name, address,
telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed. Notices with respect to the Site should be sent to:
Email: sales@mechmotion.com
By Mail:
MechMotion
PO BOX 390802
Mountain View, CA 94039
USA
We suggest that you consult your
legal advisor before filing a notice. Also, be aware that there can be penalties
for false claims under the DMCA.
DISCLAIMERS
MECHMOTION has attempted to provide accurate information on this Site; however,
MECHMOTION assumes no responsibility for the accuracy of the information. MECHMOTION
also assumes no obligation to update any information on this Site. MECHMOTION
may change the programs or products mentioned at any time without notice. Mention
of other non-MECHMOTION products or services is for information purposes only
and constitutes neither an endorsement nor a recommendation. THE SITE AND THE
MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, MECHMOTION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT
MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable
law may not allow the exclusion of implied warranties, so the above exclusions
may not apply to you. MECHMOTION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND
ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF
MECHMOTION OR ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR
VISITORS,
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF
THE SITE
AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
NEITHER MECHMOTION NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS
OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY
LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINK ED SITE IS TO
STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE
MAXIMUM LIABILITY TO MECHMOTION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERW
ISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
INDEMNIFICATION
You agree to indemnify, defend and hold MECHMOTION, our affiliates, licensors,
suppliers, advertisers and sponsors, and our and their directors, officers,
employees, consultants, agents and other representatives, harmless from and
against any and all claims, damages, losses, costs (including reasonable attorneys'
fees) and other expenses that arise directly or indirectly out of or from (a)
your breach of this Agreement, including any violation of the Code of Conduct,
above; (b) any allegation that any materials you submit to us or transmit to
the Site infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party; and/or (c)
your activities in connection with the Site.
EXPORT NOTICE AND GOVERNMENT USE
You acknowledge that your access and use of the Site is governed by all applicable
U.S. federal, state and local laws and the laws of the country in which you
reside. You acknowledge and agree that all information available on the Site
is subject to U.S. export control laws and may also be subject to the laws of
the country where you reside. Diversion of such information contrary to U.S.
law is prohibited. You agree that none of the information, nor any direct product
therefrom, is being or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries or their nationals,
nor be used for nuclear activities, chemical biological weapons, or missile
projects unless authorized by the U.S. Government. Proscribed countries are
set forth in the U.S. Export Administration Regulations. Countries subject to
U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, Serbia, and the
Sudan. This list is subject to change without further notice from MECHMOTION,
and you must comply with the list as it exists in fact. You certify that you
are not on the U.S. Department of Commerce's Denied Persons List or affiliated
lists or on the U.S. Department of Treasury's Specially Designated Nationals
List. You agree to comply strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be required.
We reserve the right to limit the availability of the Site and/or the provision
of any service or product described thereon to any person, geographic area or
jurisdiction, at any time and in our sole discretion, and to limit the quantities
of any such service or product that we provide.
THIRD PARTY LINKS
The Site may contain links to other Internet web sites, which may or may not
be owned or operated by MECHMOTION. MECHMOTION has not reviewed all of the web
sites that are linked to the Site, and MECHMOTION has no control over such sites.
Unless otherwise explicitly stated, MECHMOTION is not responsible for the content
of such web sites, any updates or changes to such sites, or the privacy or other
practices of such sites, and the fact that MECHMOTION offers such links does
not indicate any approval or endorsement of any material contained on any linked
site. MECHMOTION is providing these links to you only as a convenience. Accordingly,
we strongly encourage you to become familiar with the terms of use and practices
of any linked site. Further, it is up to you to take precautions to ensure that
whatever links you select or software you download (whether from the Site or
other sites) is free of such items as viruses, worms, trojan horses, defects,
date bombs, time bombs and other items of a destructive nature.
TERMINATION
This Agreement shall remain effective until terminated in accordance with its
terms. Either party may terminate this Agreement immediately upon notice to
the other party. In addition, we reserve the right to immediately terminate
this Agreement, and/or your access to and use of the Site or any portion thereof,
at any time and for any reason, with or without cause. Upon termination of this
Agreement by either party, your right to use the Site shall immediately cease,
and you shall destroy all Materials obtained from the Site and all copies thereof,
whether made under the terms of this Agreement or otherwise.
PRIVACY STATEMENT FOR THE SITE
See site privacy notice located at www.mechmotion.com
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