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MT Business Technologies Website Terms and Conditions of Use

1. Terms

By accessing this web site or any other online services offered by MT Business Technologies, Inc. (“MTBT” or “us”), you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and the MTBT Privacy Policy, and you further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not use or access this site. . These Terms and Conditions of Use limits your rights and contains other important provisions. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN AND AGREEMENT BETWEEN MTBT AND YOU.

2. Use License

MTBT grants you the limited right to access and use this web site, which may require that you sign up for an account or otherwise register with us. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy any materials found on the site;
use the materials for any commercial purpose (other than doing business with MTBT), or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the web site;
remove any copyright, trademark or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MTBT at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Purchasing of Software and Services

Your use of any equipment or services purchased through the site will be governed by the terms and conditions of a separate contract accompanying such equipment or service, which may be in the form of a click-through agreement, a written contract, or some other form (a “Separate Contract”). Certain services, such as maintenance services for equipment, may be subject to other contracts you have entered into with MTBT, such as a Maintenance Services Agreement (which also constitutes a “Separate Contract”). Additionally, some services and equipment may be provided to you by MTBT’s vendors or services providers, and the applicable Separate Contract may be between you and that vendor or service provider. MTBT and its vendors reserve all rights to such equipment and services not expressly granted to you pursuant to a Separate Contract. Further terms and restrictions are contained in the Separate Contracts.

4. Disclaimer

The materials on MTBT’s web site are provided "as is", “AS Available” and “with all faults”. to the maximum extent permitted by applicable law, and except to the extent set forth in separate contracts, MTBT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MTBT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

IN NO EVENT WILL MTBT OR ANY OF ITS VENDORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES SET FORTH IN THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ITS CONTENT, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MTBT OR ITS VENDORS OR SERVICE PROVIDERS WITH RESPECT TO THIS AGREEMENT OR THE WEB SITE OR ITS CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

6. Site Content

The content appearing on MTBT’s web site could include technical, typographical, or photographic errors. MTBT does not warrant that any of the content on its web site is accurate, complete, or current. MTBT may make changes to the content contained on its web site at any time without notice. MTBT does not, however, make any commitment to update the content.

7. Links

MTBT has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MTBT of the site. Use of any such linked web site is at the user's own risk.
8. Proprietary Rights

All contents of the web site are copyrighted by MTBT and/or its vendors or service providers. All rights reserved. Certain marks and logos regarding MTBT products and services referenced on the site are or may be trademarks or registered trademarks of MTBT in the United States and/or other countries. The names of other companies, services and products mentioned on the site may be the trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved. The site may contain other proprietary and confidential information, products and services that are protected by applicable intellectual property and other laws. You may not (and may not allow any third party to) copy, modify, rent, lease, loan, sell, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the web site or in any product or service listed thereon.

9. Modifications to Site and Terms and Conditions of Use

MTBT may revise the web site and/or these Terms and Conditions of Use at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. MTBT shall not be liable to you or any third party should MTBT exercise its right to modify or discontinue all or any portion of the site.

10. Governing Law and Location for Resolving Disputes

Any claim relating to MTBT’s web site, any product or service purchased via same, or these Terms and Conditions of Use shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions, and you hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Ohio for all disputes arising out of or relating to the use of the web site, any product or service purchased via same, or these Terms and Conditions of Use.
11. Entire Agreement

Except as expressly stated herein, these Terms and Conditions of Use and the MTBT Privacy Policy constitutes the entire agreement between you and MTBT with respect to the web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MTBT with respect to the web site. Terms and conditions set forth in Separate Contracts may override some of the terms and conditions of these Terms and Conditions of Use; however, the terms and conditions of such Separate Contracts shall only apply to the products and services covered by such Separate Contracts, and not to the site and your use of the site. Accordingly, Separate Contracts shall not override the terms of this Agreement as it pertains to the web site and your use of the web site.