Last updated: February 21, 2019
Any and all intellectual property rights regarding the Website and its contents, including without limitation, text, information, images, photographs, illustrations, audio and video material, artwork, graphic material (collectively the “Content”) are and shall remain the exclusive property of MHS or its licensors or both. In addition, all trademarks, service marks, trade names and trade dress that may appear on the Website are and shall remain owned, controlled or licensed by MHS. You may not download, reproduce, copy, republish, create derivative works from, or otherwise exploit any Content for any commercial use.
Restrictions on Use of the Website
In addition to other restrictions as set forth in these Terms, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on materials that we may provide or make available through the Website;
- circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website;
- use an automatic device, software tool (such as a Web crawler or spider) or manual process to copy or “scrape” the Website for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from publicly accessible portions of the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses, IP addresses; and
- use network-monitoring software to determine the architecture of or extract usage data from the Website.
Our Website may contain links to third party websites or resources that are not owned or controlled by MHS. MHS has no control over, and assumes no responsibility for the accuracy, completeness, quality or availability of any content of any such third-party websites or resources. You agree to use such third-party websites at your sole risk.
Your use of the Website is at your sole risk. The Website and its Content are provided on an “AS IS” and “AS AVAILABLE” basis. MHS makes no representation or warranty, expressed or implied, as to the accuracy or completeness of any Content. To the fullest extent permitted by law, WE DISCLAIM WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND/OR USAGE OF TRADE).
You agree to defend, indemnify and hold harmless MHS and its licensors, and their respective officers, directors, employees, contractors, or agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Website, or b) any breach by you of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MHS OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN AGREEMENT, TORT, OR OTHERWISE, EVEN IF MHS OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. MHS (OR ITS LICENSOR)’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED USD1000.00.
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held as invalid or unenforceable by a competent court, that provision is severed from these Terms and the remaining provisions of these Terms will remain in full force. These Terms constitute the entire agreement between you and MHS regarding the use of the Website, and supersede and replace any and all prior understandings, promises and other communications, whether oral or written.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Commonwealth of Kentucky, U.S.A. without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any legal suit, action, or proceeding arising from or relating to the use of the Website (“Claim”) must be instituted in the federal or state courts located in Louisville, Jefferson County, Kentucky and you hereby irrevocably submit to the exclusive jurisdiction of those courts. You also agree that any Claim must be brought within one (1) year from occurrence of such Claim.
We reserve the right, at our sole discretion, to modify or revise these Terms at any time. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to access or use the Website.
Language (for Quebec Users)
It is the express intention of the parties that these Terms and all its related documents, either present or future, be drafted in English only. Il est de l’intention expresse des parties que ces Conditions et tout document s’y rattachant, présents ou futurs, soient écrit en langue anglaise seulement.
If you have any questions about these Terms, please contact us.