Moore
Clayton & Co., Inc.
Web Site Terms of Use
Welcome
to the Moore Clayton & Co., Inc. (MCC) web site (Site). Please
read this Agreement carefully. If you are unwilling to accept
the terms and conditions in this Agreement, do not use the Web
Site. By using the Site, you are indicating that you agree to
follow and be bound by the following terms and conditions (Terms).
1.
Use of Site Content
(a) Content, including but not limited to text, software, music,
sound, photographs, trademarks, service marks, logos, video, graphics
or other material contained on this Site or in commercially produced
information presented to you through the Site (Content) is protected
by copyright, trademarks, service marks, Site marks, patents or
other proprietary agreements and laws (collectively, Intellectual
Property Rights) and you are only permitted to use Content as
expressly authorized herein or in writing by MCC. These Terms
do not transfer any right, title, or interest in the Site or the
Content to you, and MCC and its third party licensors retain all
of its and their respective right, title and interest to the Site
and Content.
(b)
Except as provided in these Terms, you may not use, download,
upload, copy, modify, print, display, perform, reproduce, publish,
license, rent, lease, loan, sell, assign, post, transmit, distribute,
reverse engineer, create derivative works from, or otherwise exploit
any Content or information from the Site, in whole or in part,
including without limitation by way of framing or hyper-linking,
without the express permission of MCC. Requests for such permission
should be made to legal@mccglobal.com.
(c)
Except as expressly provided in these Terms, nothing contained
in these Terms or on the Site shall be construed as conferring
any other license or right, expressly, by implication, by estoppel
or otherwise, under any of our Intellectual Property Rights or
under any third party's Intellectual Property Rights. Any rights
not expressly granted herein are reserved.
2.
You may without our permission:
(a) Download, view, copy, retransmit and print Content, but only
if:
1) the Content is used solely for personal, informational, or
internal business purposes;
2) the Content is not provided or relied upon as legal advice;
3) the Content is not provided, sold, licensed or leased (nor
is access provided to the Content) for any fee or other consideration
or to solicit attorney-client relationships;
4) all copyright, trademark and other proprietary rights notices
included in the Content as presented at the Site appear on all
copies;
5) Sections 1(b), 2, 4, 5 and 11-18 of these Terms are prominently
displayed with all copies;
6) the Content is not modified or altered in any way; and
7) no graphics are used separately from accompanying text.
(b) Link or hyper-link to the home page of the Site from any Qualified
Site, but only if:
1) you notify us by email (legal@mccglobal.com) specifying the
URL of each page from which you will be linking to our home page;
2) you do not frame the Site or any portion of the Site;
3) you do not deep link into the Site (i.e., you do not link into
any page other than the home page);
4) the link or hyper-link to the Site is not used in a way that
suggests that MCC endorses you or your web site;
5) the link is identified using a plain text rendering of the
MCC name and not any trademark or MCC logo.
6) the link or hyper-link to the Site is not used or presented
in any way that disparages MCC or tarnishes, blurs, or dilutes
the quality of MCC's names or trademarks or any associated goodwill;
7) the link or hyper-link to the Site is not displayed on any
web page that displays Objectionable content or links; and
8) you agree that we may terminate your right to link or hyperlink
to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable
content, is not owned or controlled by a competitor to MCC and
the content of which is not competitive to the Site.
"Objectionable" means as to any content, information
in any medium or format, including without limitation text, data,
graphics, audio or video, that: (a) is libelous or defamatory,
pornographic, sexually explicit, unlawful or plagiarized; (b)
a reasonable person would consider harassing, abusive, threatening,
harmful, vulgar, profane, obscene, excessively violent, racially,
ethnically or otherwise objectionable or offensive in any way
or (c) constitutes a breach of any person's privacy or publicity
rights, a misrepresentation of facts, hate speech or an infringement
of any third party's intellectual property rights of any kind,
including without limitation, copyright, patent, trademark, industrial
design, trade secret, confidentiality or moral rights; or (d)
violates or encourages other to violate any applicable law.
3. You may not under any circumstance:
• Send unsolicited commercial email to the email addresses
provided on the Site (spam, chain emails, advertising solicitations
and similar email solicitations are expressly prohibited);
• Delete, modify or attempt to change or alter any of the
Content on the Site;
• Use any device, software or routine that interferes with
the proper functioning of the Site or servers or networks connected
to the Site, or take any other action that interferes with other
parties' use of the Site;
• Use the Site or the Content, intentionally or unintentionally,
in any manner inconsistent with or in violation of any applicable
laws or regulations or in violation of the rules of any other
web site providers, web sites, chat rooms or the like, including,
without limitation, laws regarding import/export of technical
data by virtue of your online transmission;
• Use any "robot", "spider" or other
automatic or manual device or process for the purpose of compiling
information on the Site for purposes other than for a generally
available search engine; or
• Use any MCC names, service marks, or trademarks without
our prior written consent, including without limitation as meta
tags or hidden text.
4.
Marks
Certain product, service, or company designations for companies
other than MCC may be mentioned in the Site for identification
purposes only. Such designations are often claimed as trademarks
or service marks. In all instances where MCC is aware of a claim,
the designation appears in initial capital or all capital letters.
However, you should contact the appropriate companies for more
complete information regarding such designations and their registration
status.
5.
Not Legal Advice/No Attorney-Client Relationship
The Content on the Site is intended to provide information to
the public and is not legal advice of MCC or any of its attorneys.
Any opinions expressed through Content on the Site are the opinions
of the particular author and may not reflect the opinions of MCC
or any individual attorney. Although we try to ensure the accuracy
of the Content, laws are often changing, and we cannot guarantee
that all of the Content is complete, accurate, or current. You
should not act or refrain from acting on the basis of any Content
included on the Site without consulting an attorney licensed to
practice in your jurisdiction. Neither the Site, nor any information
or material you send to MCC through the Site, is intended to create
an attorney-client relationship. If you communicate with MCC through
the Site, your communication is not confidential, and may not
be secure. If you are a current client of MCC, please do not send
confidential information to us through the Site.
The
Site and the Content may be considered advertising in some jurisdictions.
MCC does not seek to represent any person or entity based upon
that person's or entity's viewing the Site (or any portion of
the Site) in any jurisdiction where the Site (or any portion of
the Site) does not comply with all of the laws and ethical requirements
of that jurisdiction. MCC's attorneys do not seek to practice
law in jurisdictions where they are not properly authorized to
practice.
6. Modifications To Terms
MCC may change these Terms from time to time. Each time changes
are made to these Terms, they will be posted on the home page
and you will be alerted to them and asked to review them before
proceeding with your further use of the Site. Your continued use
of this Site following the posting of any changes to the Terms
constitutes your acceptance of those changes. If you object to
any provision of these Terms or any subsequent modifications to
these Terms or become dissatisfied with the Site in any way, your
only recourse is to immediately terminate use of the Site.
7.
Termination of Site/Modifications To Site
MCC reserves the right to modify or terminate these Terms or your
access to the Site (or portions of the Site), temporarily or permanently,
with or without notice to you, and is not obligated to support
or update the Site. Sections 1, and 3-18 of these Terms shall
survive any termination of these Terms or your right to access
to the Site. You acknowledge and agree that MCC will not be liable
to you or any third party in the event that MCC exercises its
right to modify or terminate access to the Site (or portions of
the Site). Unless explicitly stated otherwise, any new features
that augment or enhance the current Site will be subject to these
Terms.
8. Privacy
MCC will treat any information it collects from you in accordance
with its Privacy Policy , which is hereby incorporated by reference.
Please review the Privacy Policy before you use the Site. If you
are unwilling to accept the terms and conditions of the Privacy
Policy, we ask that you not use the Site.
10.
Other Sites, Content, Products and Services
The Site may provide links to web sites and access to content,
products and services of third parties, including without limitation,
MCC's affiliates and strategic partners and other entities with
which our connection consists of only a hyperlink (Other Sites).
You should refer to the separate terms of use, privacy policies,
and other rules posted on Other Sites before you use them. MCC
is not responsible for (a) the availability of, and content provided
on, Other Sites, nor does inclusion of any link imply endorsement
of the Other Site by MCC, or vice versa; (b) third party content
accessible through the Site, including opinions, advice, or statements
(and you understand that you bear all risks associated with the
use of such content); (c) any loss or damage of any sort you may
incur from dealing with any third party; or (d) your dealings
with any third parties found on or through the Site, including
your participation in promotions, the payment for and delivery
of goods if any, and any terms, conditions, warranties, or representations
associated with such dealings.
11.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND
SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MCC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION,
NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS
WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING,
OR COURSE OF PERFORMANCE. MCC MAKES NO WARRANTY, AND EXPRESSLY
DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS
OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE,
ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES
OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
YOU
UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
12.
Limitation of Liability
IN NO EVENT SHALL MCC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR COST
OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, REVENUE,
DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS,
OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH
THE SITE, OR OTHERWISE RESULTING FROM: (1) THE COST OF PROCUREMENT
OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (2) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (3) THE STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (4) ANY OTHER MATTER
RELATING TO THE SITE, EVEN IF MCC WAS ADVISED THAT SUCH DAMAGES
WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES
TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE
OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE
OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES,
TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS,
THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES
OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN
SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU.
13.
Indemnity
You agree to indemnify, defend and hold harmless MCC, its affiliates,
shareholders, directors, officers, co-branders, subsidiaries,
parents, employees and agents, from any claim, demand, liability,
dispute, damage, cost, expense, or loss, including reasonable
attorneys' fees and costs of litigation, arising out of, or in
any way connected with your use of or access to the Site, your
use of the Content, your linking to the Site or your violation
of these Terms.
14.
Dispute Resolution
Any dispute arising out of or in connection with these Terms or
your use of any Content or this Site or your access to or links
to this Site, shall be resolved by arbitration before three neutral
arbitrators administered by the American Arbitration Association
in Salt Lake City, Utah, in accordance with its Commercial Arbitration
Rules, as then in effect. Except for punitive damages (which may
not be awarded), any provisional or equitable remedy which would
be available from a court of law shall be available from the arbitrators
to parties. The award of the arbitrators may be enforced in any
court having jurisdiction thereof. Both parties hereby consent
(a) to the non-exclusive jurisdiction of the courts of the state
of Utah and to any Federal Court located within the state of Utah
for any action (i) to compel arbitration, (ii) to enforce the
award of the arbitrators or (iii) at any time prior to the qualification
and appointment of the arbitrators, for temporary, interim or
provisional equitable remedies and (b) to service of process in
any such action by registered mail or any other means provided
by law. Some jurisdictions may provide additional rights to consumers.
15.
General
If any provision of these Terms is found by a court or arbitrator
to be invalid, the parties agree that the court or arbitrator
should give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms will remain
in effect. MCC's failure to act with respect to a breach by any
person using the Site does not constitute a waiver of its right
to act with respect to subsequent or similar breaches. These Terms
will be governed by and construed in accordance with the laws
of the state of Utah without regard to its choice of law provisions.
You consent to personal jurisdiction by the state and federal
courts located in Salt Lake County, Utah. MCC may assign its rights
and duties under these Terms without such assignment being considered
a change to the Terms and without notice to you. You may not assign
these Terms without the prior written consent of MCC. These Terms,
the Privacy Policy, any operating rules, policies, or procedures
that may be posted from time to time by MCC on the Site, and any
modifications to the foregoing, constitute the entire agreement
between the parties with regard to the subject matter in these
Terms and supersede all prior understandings and agreements, whether
written or oral, as to such subject matter. Nothing contained
in these Terms will be deemed to constitute either party as the
agent or representative of the other party, or both parties as
joint venturers or partners for any purpose.
16.
Limitation of Actions Brought Against MCC
You agree that any claim or cause of action arising out of your
use of the Site or these Terms must be filed within one year after
such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the
contrary. Within this period, any failure by MCC to enforce or
exercise any provision of these Terms or related right shall not
constitute a waiver of that right or provision.
17.
Acknowledgment
You acknowledge (a) that you have read and understood these Terms;
and (b) that these Terms have the same force and effect as a signed
agreement.
18.
Contact Information
If you have any questions regarding these Terms or the Site, please
contact MCC at legal@mccglobal.com
Moore Clayton & Co., Inc.
11585 South State St. #102
Draper, UT 84020
Phone: (801) 816-2500
Fax: (801) 816-2599
