Effective: September 30, 2019
- Links to Third Party Sites. The Site may contain links to websites or services operated by other companies. Although MESA has endeavored to work with or offer connections to reputable websites or services, MESA does not endorse or have any control over such websites, services, or providers. With these Terms, you therefore acknowledge that MESA is not responsible for the content or policies of such third party websites and you understand and agree that you access and use such websites or services at your own risk. MESA encourages you to read the policies and legal terms applicable to any third party website or service and, in particular, the third party billing, payment processing, and order fulfillment services that are accessible through such website.
- Disclaimer of Warranties. MESA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, WITH RESPECT TO THE SITE OR THE CONTENT. MESA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED, OR TO BE FURNISHED VIA THE SITE. MESA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. MESA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE IS AT YOUR OWN RISK.
- Limitation of Liability. You expressly absolve and release MESA from any claim of harm resulting from a cause beyond MESA's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MESA BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND THE CONTENT, ANY COMMUNICATIONS OR INTERACTIONS WITH THIRD PARTIES MADE BY YOUR UTILIZATION OF THE SITE OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR CONTENT, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF MESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF MESA FOR ANY REASON WHATSOEVER RELATED TO THE USE OF THE SITE AND THE CONTENT SHALL, IN NO EVENT, EXCEED $500.00.
- Submissions. Except for information related to your personal data (e.g. information provided in contact forms), any postings (collectively, "Submissions") by you through the Site including, but not limited to, the MESAknows Blog, MESA's social media pages and MESA's Google Drive site, that are received by MESA will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for MESA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on any such Submission, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
You also acknowledge that your Submissions to social media or other publicly available messaging areas are non-confidential for all purposes, and you represent that you have all rights and permission necessary to submit, display, or make available any content in your Submission. Moreover, you agree that by using the Site you will not post or transmit any of the following materials on the Site:
- comments that advertise or solicit business,
- anything that is unlawful, profane, abusive, defamatory, threatening, offensive, hateful, or in any way infringes or violates the rights of others,
- anything, which interferes with or disrupts the Site
- anything, which is contrary to the interests of MESA and its contributors
- anything, which may damage, lessen, or harm the goodwill or reputation of MESA, its contributors and its services,
- anything, which violates any law or encourages anti-competitive behavior,
- anything, which involves the impersonation of any other person or entity,
- anything, which is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Sites, and
- Notice and Take-Down Procedures; Copyright Agent. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to MESA by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that MESA may find it on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: Manufacturing Enterprise Solutions Association, Attn: Executive Director, 107 S. Southgate Dr., Chandler, AZ 85226.