Terms and Conditions of Use
1. Use of Website
1.1. These Terms and Conditions govern your access to and use of the following website: www.melttools.com (Website). No additions to or modifications of these Terms and Conditions shall be effective unless accepted by MeltTools LLC (MeltTools) in writing. MeltTools may modify these Terms and Conditions by posting an updated copy of them on the Website from time to time. By continuing to use the Website you agree to the amended Terms and Conditions.
1.2. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
1.3. Without limiting these Terms and Conditions, you agree to comply with all applicable laws regarding access to and use of the Website, the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.
1.4. The Website and its content (including, without limitation, the Website design, text and graphics and all software and source codes connected with the Website) are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of MeltTools.
1.5. MeltTools has the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason, including without limitation breach of these Terms and Conditions. MeltTools may also at any time, at its sole discretion, discontinue the Website or any part thereof without prior notice and shall not be liable to you or any third party for any termination of your access to the Website.
1.6. Availability of Goods and Services: The Website may contain information on goods or services which may be available to be provided to certain users in certain jurisdictions by or on behalf of MeltTools (such goods, together, the “Goods” and such services, together the “Services”, as applicable), not all of which are available in every jurisdiction or to all users. A reference to a Good or a Service on the Website does not imply that such Good or Service is, or will be, available to you or in your city or jurisdiction.
2.1. MeltTools has taken reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personal information, and to safely store the same. However, the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. MeltTools has no control over the practices of third parties (e.g. website links to this Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).
2.3. You agree to notify MeltTools immediately of any unauthorised use of your passwords or accounts and to reimburse MeltTools for any improper, unauthorised or illegal use of the same by you or by any person obtaining access to the Website, Goods, Services or otherwise, by using your designated username and password, whether or not you authorised such access.
3. Links to Third Party Websites
3.1. The Website may include links to third party websites that are controlled and maintained by others. Accordingly, MeltTools cannot accept any responsibility for the materials or offers for goods or services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that MeltTools is not responsible for the content or availability of any such sites.
3.2. Please note that any goods or services supplied or made available through websites which are linked to this Website are supplied by third parties and not by MeltTools (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of goods or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold MeltTools liable for any loss or damage of any kind incurred as the result of any such dealings.
You agree to indemnify and hold MeltTools harmless from and against any breach by you of these Terms and Conditions, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MeltTools in consequence of your breach of these Terms and Conditions.
5. Disclaimers and Limitation of Liability
5.1. The nature of internet communications means that this Website may be susceptible to data corruption, interception, non-availability and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work. You agree that MeltTools has no obligation to provide support for your use of the Website.
5.2. Use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. MeltTools makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
5.3. To the extent permitted by law, MeltTools, its directors, employees or other representatives, will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your use of the Goods or Services or the Website, whether caused by negligence or otherwise.
5.4. If you are dissatisfied with the Website or any content or materials in it, your sole exclusive remedy is to discontinue your use of it.
6. MeltTools’ Remedies
6.1. You agree that any unauthorised use of our Website, the Goods, the Services and/or any related materials as a result of your negligent act or omission would result in irreparable injury to MeltTools.
6.2. No particulars, statements or descriptions, in whatever form provided by MeltTools concerning the Good or the Services, nor any verbal representations by any agent, employee or representative of MeltTools, shall form part of the Terms and Conditions or be treated as constituting a representation on the part of MeltTools.
6.3. Whilst MeltTools endeavours to tell you about changes to Goods or Services, MeltTools is entitled to modify or discontinue the supply of Goods or the provision of Services (or any of them) at any time without notifying you.
7.1. The user shall not commit any act which causes or may cause damage or loss to the reputation of MeltTools or harm the any trademarks owned by MeltTools or an affiliate of MeltTools from time to time (Trademarks).
7.2. The user shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the Goods or the Services and belonging to or developed by or for MeltTools, and shall indemnify MeltTools for any loss or damage which may be suffered by MeltTools, or an affiliate of MeltTools, as a result of any breach of any undertaking contained in this clause.
8.1. Subject to clause 8.2, the user will treat as strictly confidential (A) all information received or obtained as a result of accessing the Website, receiving the Goods or Services or otherwise relating to MeltTools, (B) the subject matter and provisions of the Website and these Terms and Conditions, and (C) any negotiations between the parties.
8.2. The user may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of the user, or (C) MeltTools has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with MeltTools.
9. Liability of MeltTools
9.1. All warranties, conditions and other terms implied by law as regards the Goods or Services are, to the fullest extent permitted by law, excluded from the Terms and Conditions.
9.2. MeltTools shall not be liable for any delay; non-delivery or shortages in quantity.
9.3. MeltTools shall not be liable to user for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Terms and Conditions, use of the Website, supply of the Goods or the provision of the Services.
9.4. Nothing in this clause shall exclude or restrict MeltTools’ liability:
9.4.1. in respect to fraudulent misrepresentation; or
9.4.2. other liability which cannot be limited by law.
10. Provisions relating to the Terms and Conditions
10.1. The user may not assign any of its rights under these Terms and Conditions without the prior written consent of MeltTools and no variation of the Terms and Conditions is effective unless agreed in writing by MeltTools.
10.2. MeltTools may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms and Conditions to a competent third party.
10.3. If any provision of the Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
10.4. Neither the failure to exercise nor any delay in exercising any right under the Terms and Conditions shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.
10.5. Nothing in these Terms and Conditions constitutes, or will be deemed to constitute, a partnership between MeltTools and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.
10.6. No person who is not a party to these Terms and Conditions shall have any right to enforce any term of these Terms and Conditions.
10.8. These Terms and Conditions are governed by, and construed in accordance with the laws of Michigan, USA, and you hereby submit to the exclusive jurisdiction of the Michigan courts. This clause will survive any expiry, cancellation or termination of these Terms and Conditions for any reason.
Version 2.0: 01/01/13