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TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.
By using or accessing this website you signify your acknowledgment and
assent to the terms and conditions of use set forth below. If you do
not agree to these terms of use, please do not use this website.
Monahan Steam Models is free to revise these terms of use at any time
by updating this posting, and your use after such change signifies your
acceptance of the changed terms. Please check these terms of use
periodically for changes.
No
variation of these Conditions shall be effective unless made in writing
and signed by an authorised officer or employee of Monahan Steam Models Inc. at the request of the Customer Monahan Steam Models will verify
whether any named individual has the requisite authority.
This
website is owned and operated by Monahan Steam Models Inc.. and its
subsidiaries and affiliates (collectively "Monahan Steam Models," "we,"
or "us"). Questions concerning this website or its operation should be
directed to the contact points set forth at the end of these terms of
use.
In
connection with viewing and using this website, you are permitted to
temporarily download one copy of the materials posted on this website
onto a single computer for only your personal, non-commercial use.
Except as otherwise specifically provided elsewhere on this website,
redistribution, retransmission, republication or commercial
exploitation of the contents of this website is expressly prohibited
without the written consent of Monahan Steam Models and any copyright
owner from whom we have obtained a license. Requests for such
permission should be made to the contact specified below. All rights
not expressly granted herein are reserved. Downloading of any
information, content or images from this website does not transfer any
right or ownership of such information, content or images to you, and
such information, content or images may be used solely in accordance
with these terms of use. You may not mirror or archive any part of this
site or any material contained on this site on any server or computer
without Monahan Steam Models written permission.
Contents and Hyperlinks
This
website may contain hyperlinks to third-party websites, and those
websites are the sole responsibility of such independent third parties,
and use thereof is solely at your own risk. Monahan Steam Models has no
control over the content or policies of such third-party websites, and
we are not responsible for (and under no circumstances shall be liable
for) the contents, accuracy or reliability of any websites hyperlinked
to this website. Those who choose to access information from this
website (including any information obtained through any hyperlink) are
solely responsible for the compliance of such information with any
applicable law.
If
you want to link to this website, please contact
e-business@monahansteammodels.com before creating that link so the site
may be previewed. Monahan Steam Models expressly forbids the
unauthorized use of its logos, trademarks, or other graphics to create
links. Text links are permitted upon approval.
User Content
Monahan
Steam Models is pleased to hear from its customers; however, we do not
accept or consider any creative ideas, suggestions or other materials
related to products, services or marketing except in compliance with
the procedures outlined for idea submissions outlined elsewhere in this
website. Please do not send us any original creative materials such as
product ideas or suggestions except in compliance with such procedures.
Anything you disclose or offer to us by or through this website
("Communications"), including e-mails to Monahan Steam Models or
postings on interactive portions of this website, shall be deemed and
shall remain the property of Monahan Steam Models. If you send us such
Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS,
and we will have no obligation to keep such information secret, to
refrain from using such information, or to compensate you for the
receipt or use of such Communications. Monahan Steam Models is free to
use, for any purpose whatsoever, any Communications, including but not
limited to publishing, or developing, manufacturing, and marketing
products using such Communications. By submitting Communications to us
through this website, through e-mail, or through any means other than
through the procedures outlined elsewhere in this website, you hereby
RELEASE Monahan Steam Models from any liability under any legal theory
in connection with the use, modification, sale, or disclosure of any
Communications. By uploading or otherwise providing any Communications
to this website or Monahan Steam Models, you hereby grant Monahan Steam
Models, to the extent you retain any rights, the unlimited, perpetual
right to reuse, redistribute, modify and create derivative works from
such Communications for any purpose and in any media without
compensation, and you warrant that all "moral rights" in uploaded
Communications have been waived.
Interactive Areas and Code of Acceptable Conduct
Monahan
Steam Models does not ordinarily filter, censor, edit or regulate
information and content provided by third parties on this website,
including any such information provided in interactive areas, and we
neither endorse nor are responsible for (and under no circumstances
shall be liable for) the contents, accuracy or reliability of such
information and content.
When
participating in interactive portions of this website, you represent
that you have proper right and authorization to use any information or
content you upload or post and agree to abide by the following code of
acceptable conduct:
You
will not upload or otherwise provide infringing, defamatory, obscene,
pornographic, threatening, abusive, illegal or otherwise improper
content.
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or to violate the rights of any party.
You
will not upload or otherwise provide content with a commercial purpose
or attempt to solicit funds or advertise goods and services.
Monahan Steam Models will assist law-enforcement officials investigating illegal activity or violations of these terms of use.
Products, Services and Software
Downloading
software from this website does not give you title to such software,
including any files, data and images incorporated in or associated with
the software. Your use of any such software shall be only in accordance
with the license agreement that is included with the software or
presented upon download of such software. Software available on this
website is copyrighted by Monahan Steam Models or its owner. Software
may not be copied, redistributed or placed on any server for further
distribution. You may not sell, modify, decompile, disassemble, or
otherwise reverse engineer the software.
A
description or reference to a product, service or publication on this
website (including any description or reference via hyperlink) does not
imply endorsement by Monahan Steam Models of that product, service or
publication. Products and software offered through this website shall
be warranted, if at all, through the written license or warranty
provided in connection with such product or software.
Notice and Procedure for making Claims of Copyright Infringement
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to our Designated Agent.
See our Procedure for Copyright Infringement Claims.
No Representations or Warranties
Monahan
Steam Models makes no representations or warranties that this website
is free of defects, viruses or other harmful components. We shall not
be responsible for any damages or loss that may result from the hacking
or infiltration of this website or Monahan Steam Model's computer
systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE
AND YOU AGREE TO HOLD MONAHAN STEAM MODELS HARMLESS FROM, AND YOU
COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE,
INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING
FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The
pages on this website may contain technical inaccuracies, outdated
information and typographical errors. To the extent permitted by
applicable law, THIS WEBSITE IS PROVIDED "AS IS." MONAHAN STEAM MODELS
DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE
QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION,
CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED,
OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO
NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL
BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MONAHAN STEAM MODELS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST
PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY
TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
NO EVENT MONAHAN STEAM MODEL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Jurisdiction and Choice of Law
Monahan
Steam Models controls and manages this website from its facilities in
the State of California in the United States of America. Unless
otherwise stated, materials and content on this website are presented
solely for promoting products and services in the United States of
America. Information published on this website may contain references
to products, programs and services that are not announced or available
in your country or region. We make no representation that such
information, products, programs or services referenced on this website
are legal, available or appropriate in your country or region.
These
terms of use shall be governed by and construed in accordance with the
laws of the State of California and the United States of America,
without giving effect to any principles of conflicts of law. You and
Monahan Steam Models irrevocably consent to the exclusive jurisdiction
of the courts located in California in connection with any action
arising out of or related to these terms of use or their subject
matter. You and Monahan Steam Models waive any objection based on lack
of personal jurisdiction, place of residence, improper venue or forum
non conveniens in any such action.
Trademarks and Copyrights
Nothing
on this website shall be construed as conferring any license under any
intellectual property right, including any right in the nature of
trademark or copyright, of Monahan Steam Models or any third party,
whether by estoppel, implication, or otherwise. All trademarks and
trade names are the property of their respective owners.
Except
as otherwise noted, Monahan Steam Models is the owner of all trademarks
and service marks on this website, whether registered or not. All
registered trademarks are registered in the United States of America
(or other applicable jurisdictions).
Securities and Investment
This
website and the information contained or referred to herein does not
constitute an offer or a solicitation of an offer for the purchase or
sale of any securities.
This
website may contain information and press releases about and by Monahan
Steam Models. While information prepared by us was believed to be
accurate as of the date so prepared, we disclaim any duty or obligation
to update such information or to verify the accuracy of information
prepared by others. Any statements in this site that are not historical
facts, including but not limited to plans, projections, objectives,
goals, strategies, future events or performance and underlying
assumptions, are forward-looking statements as provided in the rules
and regulations of the Securities Act of 1933, Securities Exchange Act
of 1934, and the Private Securities Litigation Reform Act of 1995. Such
statements are intended to fit within the 'safe harbor' for
forward-looking information and are subject to material risk factors
which may or may not be disclosed herein. Statements or phrases that
use such words as "believes," "anticipates," "plans," "may," "hopes,"
"can," "will," "expects," "estimates," "predicts," "is designed to,"
"with the intent," "potential," and similar expressions commonly
indicate forward-looking statements, but in their absence do not mean
that a statement is not forward-looking. Any forward-looking statements
contained herein involve risks and uncertainties, including but not
limited to general economic and currency conditions, various conditions
specific to Monahan Steam Model's business and industry, market demand,
competitive factors, supply constraints, technology factors, government
and regulatory actions, Monahan Steam Model's accounting policies,
future trends, and other risks which are detailed in Monahan Steam
Model's Securities and Exchange Commission filings.
Severability
If
any provision of these terms of use shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from the remaining terms of use and shall not affect the
validity and enforceability of any remaining provisions.
Privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.
Despite
any representations concerning privacy, Monahan Steam Models reserves
the right to disclose without notice to you any information in its
possession if required to do so by law or upon a good-faith belief that
such action is necessary to comply with the law, to protect or defend
our rights or property, or to respond to an emergency situation.
Specific areas or pages of this website may include additional or
different terms relating to the use of personal information collected
from such areas or pages.
General
These
terms of use represent the entire understanding relating to the use of
this website and prevail over any prior or contemporaneous, conflicting
or additional communications.
Any
unauthorized access, modification or change of any information, or any
interference with the availability of or access to this website is
strictly prohibited. Monahan Steam Models reserves all legal rights and
remedies available to it and this disclaimer shall in no way be deemed
a limitation or waiver of any other rights Monahan Steam Models may
have.
Specific
areas or pages of this website may include additional or different
terms relating to the use of this website. In the event of a conflict
between such terms and these terms of use such specific terms shall
control.
Unless otherwise indicated, all material on this site © 2007 Monahan Steam Models Inc. All rights reserved.
Contact Information:
Questions about these terms and conditions may be directed to:
E-Business Team
Monahan Steam Models Inc.
Questions about our products should not be directed to this address and will not be replied to.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Service Provider(s): Monahan Steam Models.
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent to Which Notification Should Be Sent: 205 De Anza Blvd. #121 San Mateo, CA. 94402
Telephone Number of Designated Agent: (650)
Facsimile Number of Designated Agent: (650)
E-mail Address of Designated Agent: copyright@monahansteammodels.com
To be effective, the notification must be a written communication that includes the following:
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2.
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the
material;
4. Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted;
5. A statement
that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
6. A statement that the
information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
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