The following rules govern the use by you of the Minick Materials website(s), including but not limited to minickmaterials.com and any of our other websites. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Minick Materials websites (collectively, "Information"). By signing on and using the Minick Materials website you agree to abide by these rules and modifications thereto.
Personal uses permitted.
The Minick Materials website(s) are provided as online information exchange services for use by Minick Materials and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
User's obligation to abide by applicable law.
In connection with the use of Minick Materials website(s), you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The information available on Minick Materials website(s) may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Disclosure of online communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Minick Materials may, in the course of their regular duties, have access to communications for technical or operational purposes. Minick Materials website may also disclose any communications to the extent permitted or required by law.
Prohibition against Rogue programming.
You shall not post, transmit or make available in any way through the Minick Materials website(s) any software or other materials which contain a computer virus, Trojan horse, time-bomb, worm or other rogue programming ("Rogue Programming"). Minick Materials has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the Minick Materials websites is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
Content of information.
You are responsible for the content of any Information you share or put on the Minick Materials website(s). Shared information posted to the Minick Materials website(s) does not necessarily reflect the views of Minick Materials and in no event shall Minick Materials assume or have any responsibility or liability for any information posted to the Minick Materials website or for any claims, damages or losses resulting from the use and/or appearance of such information on the Minick Materials website. Minick Materials has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the Minick Materials website. Minick Materials reserves the right to review any Information that is or becomes available on the Minick Materials website. Minick Materials reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in Minick Materials sole discretion, unacceptable, undesirable or in violation of these rules. Minick Materials has no obligation to exercise such reservation of rights by Minick Materials; however, Minick Materials has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Minick Materials websites or network who are repeat infringers. Minick Materials may terminate access for content providers or forum/blog participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to Minick Materials, you grant Minick Materials a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While Minick Materials strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of websites and content to which we link.
Minick Materials may provide links to other websites for informational purposes only, and in some instances for the convenience of our users. Minick Materials is not responsible for the content in other sites, and links from the Minick Materials website to other sites are not intended, nor do they imply endorsement of them by Minick Materials. Minick Materials encourages users to carefully select the websites that you use.
Disclaimer of warranties.
THE MINICK MATERIALS WEBSITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MINICK MATERIALS NOR ITS AFFILIATES WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE MINICK MATERIALS WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of damages.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MINICK MATERIALS, MINICK MATERIALS REPRESENTATIVES AND/OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE MINICK MATERIALS WEBSITES INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE MINICK MATERIALS WEBSITE(S), INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and indemnity.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MINICK MATERIALS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MINICK MATERIALS WEBSITE(S). YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, MINICK MATERIALS, INCLUDING MINICK MATERIALS AGENTS, REPRESENTATIVES OR AFFILIATES, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE MINICK MATERIALS WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW.
E-commerce modifications and technical errors.
MINICK MATERIALS RESERVES THE RIGHT TO ALTER THE CONTENT OF THE MINICK MATERIALS ONLINE ECOMMERCE AT ANY TIME. MINICK MATERIALS IS NOT RESPONSIBLE FOR ANY ELECTRONIC ERRORS OR OMMISSIONS WHILE TRANSMITTING INFORMATION TO OUR SERVER(S) AND ANY OTHER TECHNICAL ERRORS FAILING TO ACCEPT AND/OR PROCESS YOUR DONATION, PURCHASE REQUEST OR OTHER PURCHASE REQUEST. MINICK MATERIALS MAKES ALL REASONABLE EFFORTS TO VERIFY INFORMATION AND RESOLVE QUESTIONS THAT MAY ARISE WHILE PROCESSING YOUR PAYMENT OR ORDER.
Electronic communications with Minick Materials.
MINICK MATERIALS IS NOT RESPONSIBLE FOR ANY ISSUES OR FAILURE OF TRANSMISSION OF E-MAIL CORRESPONDANCE TO OUR SERVERS FROM ANY COMPUTER. FURTHERMORE, YOU HEREBY AGREE, RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST MINICK MATERIALS ARISING FROM ELECTRONIC COMMUNICATIONS (E-MAIL AND OTHER METHODS) BETWEEN YOU AND MINICK MATERIALS.
With regard to Social Media sites.
Minick Materials is not be responsible for any content placed on any social media or other shared (for public consumption/use) website (e.g. Facebook, Twitter, Google+, Instragram, Pinterest, Houzz, Google, Yahoo, etc.) or any other website where the general public may place content, either freely or paid. You hereby agree, release and waive any and all claims and/or liability against Minick Materials arising from these electronic communications.