General Terms And Conditions
Milbank Manufacturing Co. (hereinafter “Milbank”) provides all information on this Web site (hereinafter “Site”) subject to the following terms and conditions:
Ownership and Restrictions on Use
Milbank owns all right, title and interest in and to the text, graphics and other materials (hereinafter collectively referred to as “Materials”) appearing on and/or generated by this Site, including all copyright, trademark and other intellectual property rights therein. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, print or distribute Materials for your internal informational purposes only, provided you do not remove or obscure any copyright or other notices provided on the Materials. Except as expressly provided above, you may not copy, publish, display, distribute, commercially exploit, modify, reverse engineer, disassemble, decompile, translate, adapt, create derivative works from, transfer or sell, in any form or by any means, any part or portion of this Site including any Materials, any underlying code or other aspects of this Site.
As a condition of your use of the Site, you may not use the Site for any purpose that is unlawful or prohibited by the applicable terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through this Site.
Modifications to the Site and to the Terms and Conditions
Milbank reserves the right at any time to modify, suspend or discontinue on a temporary or permanent basis the operation of this Site and/or any information, materials and/or products available on this Site with or without notice. Milbank shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Milbank also reserves the right at any time to modify these General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications.
Links to Other Web Sites
This Site may provide links to other Web sites. Because Milbank has no control over such linked sites, Milbank is not responsible for the availability of such linked sites, and is not liable for any content, advertising, information, links, products, services or other materials available on such linked sites. Milbank is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by Milbank of the linked site, its operators or any of the content, advertising, information, links, products, services or other materials available on or through such sites. Milbank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products, services or other materials available on or through any such linked site.
Milbank respects your privacy and will use reasonable precautions to maintain the confidentiality of any information provided by you or to you via this Site, or any communication through e-mail. However, because this information can be accessed through the Internet, there can be no assurance that such information will remain secure. Milbank may at times disclose such information to its employees, representatives, officers, agents or affiliates, as well as any governmental entity, in the conduct of its business, to comply with applicable rules, orders, subpoenas or other legal processes, in order to provide information to any governmental agency or official requesting such information, or for any other legitimate business purpose. Milbank does not collect personal identifying information about individuals except when specifically and knowingly provided by such individuals.
MILBANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
MILBANK HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH REGARD TO USE OF THE SITE AND ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL MILBANK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE SITE, (2) THE DELAY OR INABILITY TO USE THE SITE IN WHOLE OR IN PART, (3) ANY RELIANCE BY YOU ON INFORMATION PROVIDED ON OR THROUGH THIS SITE, OR ON THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, (4) ANY UNAUTHORIZED USE BY YOU OF E-MAIL, OR (4) MODIFICATION, SUSPENSION OR TERMINATION BY MILBANK OF THE SITE OR ANY INFORMATION PROVIDED THEREON, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MILBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, MILBANK SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, VIA USE OF THE SITE, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
These Terms and Conditions are governed by the laws of the State of Missouri, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Kansas City, Missouri, U.S.A. in all disputes arising out of or relating to the use of the Site. If any part of the Terms and Conditions are 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 Terms and Conditions. Unless otherwise specified herein, the Terms and Conditions constitute the entire agreement between the user and Milbank with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Milbank with respect to the Site. A printed version of the Terms and Conditions shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.