TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS OF USE”) OF THE Milacron WEB SITE (THE “SITE”) CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS SITE. YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE POSTED ON THE SITE AT THE TIME OF SUCH USE
YOUR RIGHT TO USE THIS SITE
Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including all information, documents, and other content on the Site (collectively, the “Materials”), and (b) subject to any other requirements that Milacron may specify, access services (“Services”) provided and products (“Products”) offered by Milacron on this Site.
Milacron reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at Milacron’s sole discretion.
OWNERSHIP OF MATERIALS ON THE SITE
The Materials on the Site are owned by Milacron and its suppliers. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You also may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at www.milacron.com, without the prior written permission of Milacron.
The trademarks of Milacron and others used on the Site are the property of Milacron or their respective owners. You may not use any trademark displayed on the Site without the written permission of Milacron or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download.
COMMUNICATIONS FROM YOU TO THE SITE
From time to time this Site may contain references and links to content, products, services or other offerings of third parties (“Third Parties”). Such references and links do not constitute or imply an endorsement or recommendation by Milacron of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties.
This Site is operated and controlled by Milacron from its offices and resides on servers located within Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in connection with all transactions on this Site.
Milacron does not warrant or represent that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws.
If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.
EXCEPT AS OTHERWISE NOTED HEREIN, THE MATERIALS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” BY MILACRON, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. Milacron does not warrant or make any representation of any kind regarding the sites, services, products, programs or other offerings of Third Parties referenced on or accessible by means of the Site. Milacron also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site.
Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, Milacron does not warrant or represent the accuracy or completeness of the Materials on the Site. Milacron may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and Milacron makes no commitment to update the Materials. Milacron does not guarantee that all Products referenced on the Site will be available at all times. Products available from Milacron at any given time may not be exactly as shown or described, and Milacron reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. Milacron reserves the right to limit quantities.
LIMITATION OF LIABILITIES
You agree to defend, indemnify and hold harmless Milacron and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or your Communications to the Site.
You agree to defend, indemnify and hold harmless Milacron and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site.
ADDITIONAL TERMS AND CONDITIONS FOR MERLIN MEMBERS
Merlin® is a free online service for existing and prospective Milacron/Mold-Masters customers. You must register as a member of the Site (“Member”) in order to use Merlin®. There is no charge to become a Member.
There are three categories of Members:
Level One Members – Guests: These Members are entitled to access and utilize Merlin® features other than price lists, price quoting, generation of drawings, and online order placement. To become a Guest Member, You must complete and electronically submit the online registration form as prompted, and provide current, complete, and truthful information. In addition you must read accept the Milacron Terms and Conditions.
Level Two – Full Members: These Members are entitled to access and utilize all Merlin® features, including price lists, price quoting, generation of drawings, however they cannot place online orders. Only companies that are current customers of Milacron become Level Two – Full Members. To become a Level Two – Full Member, you must complete and submit the applicable online registration form as prompted, and provide current, complete, and truthful information. In addition you must read and accept the Milacron Terms and Conditions including Pricing Terms.
Level Three – Full Members: These Members are entitled to access and utilize all Merlin® features, including price lists, price quoting, generation of drawings, and online order placement. Only companies that are current customers of Milacron and authorized individuals within such companies may become Full Members. To become a Full Member, a representative of your organization with authority to contractually bind the company must complete and submit the applicable online registration form as prompted, and provide current, complete, and truthful information. In addition you must read and accept the Milacron Terms and Conditions including Pricing and Ordering Terms.
Your application to become a Guest Member or a Full Member will be reviewed by Milacron within one business day of submission and, if your application is approved, You will be provided with the requested login(s) and password(s) by Email. Milacron reserves the right to revoke Your membership at any time should You fail to abide by these Terms and Conditions of Use.
Each Member’s use of Merlin® will be subject to the following additional terms and conditions:
Member Responsibilities: Member agrees to notify Milacron promptly of any: (i) changes to the information provided in an online Member registration form and/or (ii) unauthorized use of its Member account. Member acknowledges that it is entirely responsible for maintaining the confidentiality of its logins and passwords and any and all activities that occur using the Member account. In the event a Member representative is no longer authorized to represent Member or Member wishes to add additional representatives, Member will request such deletions and additions by sending an e-mail to Milacron at: [email protected] detailing the request. A requested change will only be effective once Milacron has confirmed such change in a return e-mail to Member.
Design and Configuration of Products: Subject to any Product warranties herein, Milacron assumes no liability for Products which do not meet the needs of a Member. If Member is unsure of the appropriateness of a particular design or configuration, prior to ordering such Product, Member should contact Milacron and speak to a sales representative.
In addition, all pricing and product orders will be subject to Milacron’s standard terms and conditions set forth in related documents (Pricing Terms, Pricing and Ordering Terms, Terms of Payment), which shall be made available to members from time to time.