CONDITION OF USE
Terms and Conditions for Website and Online Content
Last Revised: February 23, 2021
Thank you for visiting www.MECO.com! This website is owned by Mechanical Equipment Company, Inc. (“MECO”), and you consent to and accept these Conditions of Use by using or navigating this website and/or accessing or downloading online content available for display or download through the website. Please read the following terms carefully as they constitute a binding legal agreement between you (and/or any associated legal entities, such as your employer) and MECO. If you do not accept these Conditions of Use, you may not use the website or access or download any online content through the website.
- MECO Intellectual Property
- Content. For purposes of these Conditions of Use, “content” is defined to include any white papers, presentations, webinars, communications, blog entries, webpages, brochures, software, published works, photos, video, graphics, music, sounds, research, data, information and other material that can be accessed or downloaded through the website.
- License. During the term and subject to your compliance with the provisions of these Conditions of Use, MECO hereby grants you a limited, non-exclusive license to access and use website content and make a single copy thereof for your personal and internal business purposes.
- Limitations on Use of Content. Except for a single copy made for personal and internal business use, you will not: copy, reproduce, use, modify, republish, upload, post, transmit, or distribute any content in any form or by any means whatsoever; use not more than the five (5) consecutive words from the content; and/or use, copy, reproduce, or reference the content to create new or derivative works. Any unauthorized use of content will be a material breach of these Conditions of Use and may also violate MECO’s intellectual property rights and could result in criminal or civil penalties. If you use content either without authorization or in a manner that violates the limitations set forth in this paragraph, you will pay MECO liquidated damages of $35,000 per item of content, which you agree shall constitute fair compensation to MECO and not a penalty.
- Ownership of Content. You agree that all content is the sole property of MECO and is protected by applicable copyright laws.
- Trademarks. The following are registered marks of MECO: MECO, MECO SMART ANALYTICS, WHERE TOMORROW GETS ITS WATER, MASTERPURE, MASTERPAK, GII CENTURBO, MASTERFIT, NO BOUNDARIES PROMISE, and MASTERSUPPORT. You agree not to challenge, directly or indirectly, the validity of the foregoing marks and MECO’s ownership and exclusive right to use such marks. Nothing in these Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of MECO.
- Website Code. You agree not to copy, reproduce, modify, decompile, disassemble, reverse engineer or copy the website and/or the code and scripts thereof.
- Site Conduct & Third Party Websites
A. General Guidelines. You will not submit information through the website or use the website in a manner that:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the website, or attempts to gain access to other network or server via your account on the website; or
- misrepresents your true identity or impersonates any person or entity, including any of MECO employees or representatives.
B. Third-Party Sites and Information. This website may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While MECO makes every effort to work with trusted, reputable providers, you understand that MECO is not responsible for the accuracy, completeness, or legality of content hosted by third party websites, nor is MECO responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply MECO’s endorsement of, or association with the third party website or any warranty of any kind, either express or implied.
C. No Robots. You will not use any robot, crawler, spider, other automated device, or manual process to monitor or copy any content, including any pages on the website.
- No Warranties.
- ALL CONTENT AND OFFERINGS ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MECO MAKES NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM MECO WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MECO MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THE WEBSITE MAY BE OUT OF DATE, AND MECO MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
- THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- MECO RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY OFFERINGS OR CONTENT THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. MECO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHT.
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MECO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MECO’S RECORDS, PROGRAMS OR SERVICES.
- YOU ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM ANY SUCH DOWNLOAD.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- Limitation of Liability & Indemnification. Your exclusive remedy and MECO’s entire liability, if any, for any claims arising out of these Terms and your use of the website shall be limited to the greater of $50 or the amount you paid MECO in the 12 month period before the act giving rise to the liability. You agree to defend, indemnify, and hold MECO harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the website. MECO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MECO in asserting any available defenses.
- Miscellaneous Provisions
- Amendments. MECO reserves the right to make changes to these Conditions of Use, with or without notice to you. Continued use of the website or content constitutes your acceptance of such changes.
- Termination Rights. MECO may, in its sole discretion, at any time and for any reason, with or without notice to you, terminate any or all of your rights under these Conditions of Use or suspend or terminate your access to the website or content. In the event of termination, you will permanently delete and destroy all copies of the content accessed or downloaded through the website.
- International Use. Although the website may be accessible worldwide, MECO makes no representation that the content is appropriate or available for use in locations outside the United States. Those who choose to access the website from other locations do so on their own initiative and at their own risk. If you choose to access the website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the website is void where prohibited.
- Governing Law. The website is controlled by MECO from its offices in Louisiana and the statutes and laws of the State of Louisiana shall govern these Conditions of Use, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of state and federal courts located in Orleans Parish, Louisiana.
- Remedies. You hereby agree that your breach or default under the terms of this Agreement will cause irreparable harm to MECO, which harm cannot be adequately compensated for by money damages, and that an order of specific performance or for injunctive relief against you would be equitable and would not work a hardship on you. Accordingly, in the event of such a breach or default, and in addition to whatever other remedies are or might be available at law or in equity, MECO shall have the right either to compel specific performance by, or to obtain injunctive relief against, you with respect to any obligation or duty herein or breach thereof, and you waive any requirement for MECO to post any bond or other security. In any action between the parties or any of them arising out of or relating to these Conditions of, the substantially prevailing party in such action shall be awarded, in addition to any damages, injunctions or other relief, such party’s costs and expenses, including reasonable attorneys’ fees and including the costs and expenses to enforce this provision.
- No Resale Right. Except as expressly permitted herein or with MECO’s prior written approval, you agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the website or content, or any elements or portions thereof.
- Savings Clause. If any part of these Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- No Waiver. Any failure by MECO to enforce or exercise any provision of these Conditions of Use or related rights shall not constitute a waiver of that right or provision.
- Entire Agreement. These Conditions of Use constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This agreement may not be altered, supplemented, or amended by the use of any other document(s). To the extent that there is a conflict between anything in or associated with the website and these Conditions of Use, the latter shall control.