Terms & Conditions

 

Alco Industries, Inc. Terms, Conditions, and Notices

Effective Date: July 01, 2010

INTRODUCTION:

The following terms, conditions and notices are applicable to all visitors to or users of the Miether Bearing Products Web Site, the home page of which is viewable at http://www.miether.com. By using this Web site, you agree to be bound by all terms and conditions set forth herein.  If you do not agree to all of the terms and conditions herein, DO NOT access or use the Miether Bearing Products Web Site.  These terms and conditions may be modified by Miether Bearing Products or its parent company, Alco Industries, Inc., at any time and posted on this Web site. In the event of a violation of these terms and conditions, Alco Industries, Inc. (hereinafter, Alco Industries) reserves the right to seek all remedies available by law and in the equity.

The Web Site is provided by Alco Industries and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.  If you do not qualify, you are not permitted to use this Web Site.

LIMITED LICENSE:

The Miether Bearing Products Web Site and all of its works, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Works”) are protected by copyright laws and other U.S. and international laws and treaties, with all rights reserved. All Works are provided by Alco Industries as a service to its current and prospective customers and may be used (1) for personal, informational and product ordering purposes only and (2) where the user has maintained or retained all copyright and other proprietary notices contained on the Works. No right, title or interest in Alco Industries’ Works is conveyed to the user. This is a limited, non-exclusive, non-transferable, revocable license to access the Web Site and use the Works, not a transfer of title to the Works, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of the Works without the express prior written consent of Alco Industries; (b) you may not access or use the Miether Bearing Products Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of the Works. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Works without the express prior written consent of Alco Industries is strictly prohibited. Alco Industries may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Alco Industries.

TRADEMARKS:

Alco Industries retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Alco Industries, Inc. and are protected by U.S. and/or international laws and treaties. No license to the use of such marks, names or trade dress is granted to any user under these terms and conditions or by use of the Miether Bearing Products Web Site. Any misuse of the trademarks displayed on the Miether Bearing Products Web Site is strictly prohibited.

Be advised that Alco Industries will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.  This applies to all misuses of its trademarks and trade names in metatags and/or hidden text. The use of Alco Industries’ trademarks or trade names in metatag keywords is trademark infringement, and the use of trademarks or trade names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Alco Industries web page is prohibited absent express written permission from Alco Industries.  Framing, inline linking or other association of the Miether Bearing Products Web Site or Alco Industries’ Works with links, advertisements and/or other information not originating from the Miether Bearing Products Web Site is expressly prohibited.  The use of any trademarks, trade names, or brand names of third parties is used either with permission and/or as a fair use of the marks, names or brands. 

LINKING:

Periodically, links may be established from this Web Site to one or more external web sites or resources, operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Miether Bearing Products Web Site. None of such links should be deemed to imply that Alco Industries endorses the Third Party Sites or any content therein.

Alco Industries does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Alco Industries will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

DISCLAIMER OF WARRANTY:

Access to the Miether Bearing Products Web Site is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Alco Industries reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

JURISDICTION:

Alco Industries controls the Miether Bearing Products Web Site from its offices within the State of Texas. Alco Industries does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If the user accesses the Miether Bearing Products Web Site from outside of the United States, he/she does so on his/her own initiative.  The user is further responsible for compliance with any local laws. The terms of this Web Site shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions.  

LIMITATION OF LIABILITY:

IN NO EVENT WILL ALCO INDUSTRIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OR REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT. EVEN IF ALCO INDUSTRIES IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.

NOTICE OF COPYRIGHT INFRINGEMENT:

Alco Industries does not permit copyright infringing activities on the Miether Bearing Products Web Site. Alco Industries may remove any content of any kind that a user posts to this Web Site (hereinafter, “User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. Alco Industries may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on the Miether Bearing Products Web Site by third parties infringes upon your copyrights, you may notify Alco Industries by providing the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

  • Identification of the located where the original or an authorized copy of the copyrighted work exists;

  • Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Alco Industries to locate the same;

  • Information reasonably sufficient to permit Alco Industries to contact you, such as an address, telephone number, and, if available, an email address;

  • A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

If you fail to comply with all of the requirements above, your notice may not be valid.

 


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