Website Terms and Conditions


Introduction

This web page represents our Terms and Conditions of Use regarding our website, www.millerberndmfg.com (“website”) and was last updated on 11 December 2017. The terms “we” and “our” as used in this agreement refer to Millerbernd Manufacturing Company.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions in any part, you must not use our website.

Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies to:
1. Set your product division preference and
2. Save any website registrations.

We may amend this agreement at any time by posting the amended terms on our website. We may or may not post notices on our homepages when such changes occur.

Copyright Notice

Subject to the express provisions of these terms and conditions:
1. We, together with our licensors, own and control all the copyright and other intellectual property rights contained in our website and the material found on our website; and
2. All the copyright and other intellectual property rights contained in our website and the material found on our website are reserved.

License to Use Website

You may:
1. View pages from our website in a web browser;
2. Download pages from our website for caching in a web browser;
3. Print pages from our website; and
4. Stream audio and video files from our website,
Subject to the other provisions of these terms and conditions.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not sell, rent, or sub-license material from our website.

We reserve the right to restrict access to areas of or the entirety of our website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restrictions on our website.

Downloadable Content

We may, from time to time, make available on our website downloadable content; such as newsletters, brochures, white papers, and technical specifications.
In addition to the rights granted under these terms and conditions, you may redistribute both print and electronic copies of downloadable content within your business, organization, company, or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must retain:
1. The name of our company;
2. Any disclaimers, copyright notices, and other legal notices; and
3. Any authorial credits

Acceptable Use:

You must not:
1. Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
2. Use our website in any way that is unlawful, illegal fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
4. Access or otherwise interact with our website using any robot, spider, or other automated means, except for the purpose of search engine indexing;
5. Violate the directives set out in the robots.txt file for our website; or
6. Use data collected from our website for any direct marketing activity (including without limitation: email marketing, SMS marketing, telemarketing, and direct mailing).

You must not use data collected from our website to contact individuals, companies, or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

Content Disclaimer

Postings on our website are made at such times as we determine at our discretion. You should not assume that the information contained on our website has been updated or otherwise contains current information. We do not regularly review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

The information and materials contained in our website are provided “as-is,” with all faults. These materials are not guaranteed or represented to be complete, correct, or up to date. These materials may be changed without notice.

Registration and Accounts

We may, at our discretion, provide you an account for access to restricted areas of our website.

You must not allow any other person to use your account to access the website.

You must notify us in writing immediately if you become aware of any unauthorized use of your account.

You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

Cancellation and Suspension of Account

We may:
1. Suspend your account
2. Cancel your account; and/or
3. Edit your account details
At any time, in our sole discretion, without notice or explanation.

Testimonials

This section governs all testimonials relating to our business that you send to us, whether through our website, by email, or otherwise.

Testimonials must comply with the provisions relating to user content as set out in the section “Your Content,” but the licensing of testimonials shall be governed by this section.

You grant, to us, an exclusive, worldwide, royalty-free license to:
1. Edit your testimonials, providing that such editing shall not materially distort the meaning of any testimonial;
2. Publish your testimonials on our website and in other print and electronic media as we may determine from time to time; and
3. Publish (at our discretion), together with each testimonial, the name and logo of the business and the name and job title of the person giving the testimonial.

Recruitment

We may publish, on our website, advertisements for job opportunities within our organization.

We reserve the right to update information concerning the job opportunities posted on our website; including without limitation: job descriptions, candidate requirements, application procedures, and application deadlines.

We do not guarantee that we will consider all applications for job opportunities; nor do we guarantee that persons meeting the published candidate requirements will proceed to the next stage of the recruitment process. However, we will ensure that the application process is conducted in accordance with all applicable laws, including applicable discrimination laws.

We will treat all information forming part of a job application as confidential and in accordance with our terms of use.

You should keep a copy of all information that you supply as part of a job application. We will not return hard copy applications to candidates.

Your Content

In these terms and conditions, “your content” applies to all works and materials (including without limitation: text, graphics, images, audio, video, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media OR reproduce, store, and publish your content on and in relation to this website and any successor website.

You may edit your content to the extent permitted using the editing functionality made available on our website.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish, or edit any or all of your content.

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Third Party Websites

Our website may contain links to websites owned or operated by parties other than Millerbernd Manufacturing Company. Such links are provided for your reference only.

We do not monitor or control outside websites and are not responsible for their content. Our inclusion of links to an outside website does not imply any endorsement of any third party material contained on our website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

Limitation of Liability

We are not liable to you (whether under the law of contact, or the law of torts, or otherwise) in relation to the content of, use of, or connection to this website:
1. To the extent that this website is provided free-of-charge, for any direct loss;
2. For any indirect, special, or consequential loss; or
3. For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Indemnification

Through use of this website, you indemnify Millerbernd Manufacturing Company and agree to keep us indemnified against any losses, damages, costs, liabilities, and expenses incurred by Millerbernd Manufacturing Company resulting from any breach, by you, of any provision of these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.