By using our website, you are agreeing to comply with and
be bound by the following terms and conditions. Please review the
following terms carefully. If you do not agree to these terms, you
should not review information or obtain goods or products from this
site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined agreement with
respect to our site, products and services (the "Site"). You must be of
legal age to use our site and to enter into this Agreement. This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2. Copyright.
The content, design, layout, and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any
right in such information and materials.
3. Trademarks.
Michael Management Corporation (MMC), the MMC Logo and the MMC
Swoosh are registered or unregistered trade and/or service marks of
Michael Management Corp. and are protected by US and international
trademark and service mark laws. All other names, brands, logos, etc. are registered
trade or service marks of their respective owners.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site,
including, but not limited to, these Terms & Conditions.
6. SAP access, training and other subscriptions
Our SAP access and SAP training and other subscriptions are governed by
the following terms:
7. Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
8. Nontransferable.
Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not
transferable.
9. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS
DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
10. Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
11. Privacy Policy.
The information you provide to us through the Site is governed
by our Privacy Policy. Your
election to use the Site indicates your acceptance of our Privacy
Policy. You are responsible for maintaining confidentiality of your
username, password and other sensitive information. You are responsible
for all activities that occur in your user account and you agree to
inform us immediately of any unauthorized use of your user account by
email to
info@michaelmanagement.com or by calling us on any of the numbers
listed on
www.michaelmanagement.com/contact.asp. We are not responsible for
any loss or damage to you or to any third party incurred as a result of
any unauthorized access and/or use of your user account, or otherwise.
Our Privacy Policy may change from time to time and it is a part of this
Agreement.
12. Reasonable Use Policy.
Access to the Site is subject to our
Reasonable Use Policy to define
the intended and permissible uses of our products and services, and to
prevent exploitation, fraud, and abuse of our subscription plans and
features. Our Reasonable Use Policy may change from time to time and it is a part of this
Agreement.
13. Payments.
You represent and warrant that if you are purchasing something
from us that (i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
14. Links to other Web Sites.
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
15. Information and Press Releases.
The Site contains information and press releases about us.
While this information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update this information
or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by us.
16. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in San Diego, California, USA, and shall be governed by and
construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action by
you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after
the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in San Diego, CA. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce
such provision.
17. Updates to these Terms.
We may update these terms from time to time with or without notice. You can
always find the most recent version of these terms at this location:
Terms & Conditions.
Last update: 4/17/2016
© 1999-2021
Michael Management Corporation