Revision Date: May 14, 2018

The following terms and conditions, as well as any future modifications (the “Terms”) are a contract between you or your company (“you” or “your”) and MCE Process, LLC, a Limited Liability Company (“MCE Process,” “MCE,” ”we,” “us,” or “our”) governing your use, and MCE Process’s provision, of the Products and Services (as defined below). By using MCE Process’s products, services, software applications, application programming interfaces (APIs), MCE Process Webhooks, communication services, networks, email, and websites, including, but not limited to mceprocess.com, store.mceprocess.com, (collectively, the “Products” and ”Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of these Terms.

You may review the most current version of the Terms at any time on the MCE Process website at http://mceprocess.com/company/tos (“Term Page”). MCE Process reserves the right to update and change the Terms from time to time without notice, effective immediately, by posting the updated Terms on the Term Page. Your continued use of the Services after any such changes shall constitute consent to such changes. You agree to review the Terms periodically to be aware of any such revisions. Any new products or features that augment or enhance the current Product or Services, including the release of new tools and resources, shall be subject to the Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE, OR CEASE YOUR USE OF, THE PRODUCTS OR SERVICES.

This document supersedes all previous publications. Our terms and conditions apply to all orders. We do not accept any deviations from our terms. If your Purchase Order or other correspondence lists terms that are different from ours, we may process your order, but we do not accept the terms or your terms. We reserve the right to change our terms and conditions of sale at any time and without prior notice. Our terms and conditions in effect on the day an order is accepted shall apply without deviation. If you have any questions about whether the terms and conditions in this reference document are still in effect, please inquire at the time you place your order. All orders are subject to acceptance by us at our company offices.

For all prices, products and services, we reserve the right to make corrections due to errors, market conditions, product discontinuation, service availability, typographical errors, technical product changes and availability. MCE Process is not responsible for manufacturer or distributor price changes, technical details or product modification, which may occur at any time without notice. Due to the dynamic conditions of the technology industries that we are in, descriptions on our website or correspondence may not reflect current technical information. Photos contained on our website and correspondence may not represent actual product.

Warranty

All products and services that we sell through our business activities are warranted solely by the manufacturer of the product or provider of the service. Most products we sell provide a one year manufacturer’s warranty but other terms and conditions of manufacturer’s warranty may apply. Most services we sell provide a 30 day warranty but other terms and conditions of service provider’s warranty may apply. We encourage you to read and understand manufacturer’s warranty statements before purchasing. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME. In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products or services(including non-conforming products or services), or for any third-party claims against you relating to the products or services, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product or service exceed the purchase price that you paid to us for it.

The warranty will be void if product date codes or serial numbers are removed or defaced. Of course, warranties also do not apply to products that have been subject to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, improper installation or other acts which are not our fault, including damage caused in shipping. Our warranty also does not apply to any product that has been damaged by external causes such as fire, flood, sand, dirt, lightning, transient voltage events, exposure to weather, acts of God, battery leakage. theft, blown fuses, improper use of any electrical source or connection to product not recommended in writing for interconnection by the manufacturer or us.

Other Product and Services Warranty Disclaimers

You expressly understand and agree that:

Except as expressly warranted in the terms, all Products and Services are provided “as is” and MCE Process hereby disclaims all warranties and conditions with regard to the Products or Services, whether express, implied or statutory, including all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Other than as expressly set in these Terms, MCE Process makes no warranty that (i) the Products or Services will meet your requirements or expectations, (ii) that your access to or use of the Products or Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Products or Services will be corrected, or (iv) that the Products or Services or any server through which you access the Products or Services are free of viruses, malware or other harmful components.

Any material downloaded or otherwise obtained through the use of the Products or Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system, device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from MCE Process or through or from the Products or Services shall create any warranty not expressly stated in these terms.

Limitation of Liability

You expressly understand and agree that MCE Process and its subsidiaries, affiliates, officers, employees, agents, subcontractors, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MCE Process has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall MCE Process or its respective suppliers aggregate liability for direct damages under this agreement exceed the fees paid for the product or services relating to the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Please note that changing, upgrading or downgrading your account may result in the loss of content, features, or capacity of your account. MCE Process does not accept any liability for any such losses.

Indemnification

You agree to defend, indemnify and hold harmless MCE Process, its officers, directors, employees, subcontractors, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Products or Services, including but not limited to any breach by you of these Terms and any claims arising from the content you submit, post, transmit or make available through the Products or Services.

Use of Product and Services

You should always minimize the risk of potential safety problems by following all applicable local and national codes that regulate the installation and operation of your equipment. These codes vary from area to area and usually change with time. It is your responsibility to determine which codes should be followed, and to verify that the equipment, installation and operation is in compliance with the latest revision of these codes. At a minimum, you should follow all applicable sections of the National Fire Code, National Electrical Code, and the codes of the National Electrical Manufacturers Association (NEMA). There may be local regulatory or government offices that can also help you determine which codes and standards are necessary for safe installation and operation. Equipment damage or serious injury to personnel can result from the failure to follow all applicable codes and standards. We do not assume any responsibility for your product design, installation or operation.

Our products are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the product could lead directly to death, personal injury or severe physical or environmental damage. This website and many of our publications contains many specifications, wiring diagrams and other types of information related to the various product offerings. However, under no circumstances should you use this document for installation, operation or troubleshooting of any equipment. Always consult the appropriate product documentation prior to using the equipment. If you have any questions concerning the installation or operation of any equipment, or if you need additional information, please contact the manufacturer or us for assistance.

Non-solicitation

You may not use the Services to solicit, interfere with, or endeavor to entice away from MCE Process any MCE Process customer, user, or subscriber. You agree to pay MCE Process a fee of $10,000 per user enticed away with no limit to the maximum liability you owe to MCE Process under this paragraph.

The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of MCE Process or by acting as an agent contracted by a third party to act on its behalf.

If you are interested in becoming an MCE Process partner, reseller, or affiliate, we would be happy to talk with you. Affiliates, please look at the MCE Process Partners and Affiliates program. If you have something else in mind, please email sales@mceprocess.com.

Security Interest

We maintain a security interest in our products, services, fees and shipping costs. That is, we reserve the right to repossess any equipment for which we have not been paid, modify any service for which we have not been paid in full, modify and product or services for which fees have not been paid, and stop or change delivery for any shipping for which we have not been paid. This includes products that have already been shipped to an end customer, either individually, or as part of a machine or process.

Taxes

MCE Process is obligated to charge sales tax respectively for delivery within our taxable jurisdictions and customer pick-up orders which are deemed taxable. Sales tax rate varies by county. Tax-exempt customers and customers in our other jurisdictions must submit their tax exemption certificate to avoid tax. It is the customer’s responsibility to pay appropriate tax to your state when necessary.

Backorders

While we constantly strive to have products in inventory or available for shipment, you may order an item that is temporarily out of stock or requires time for production, configuration, programming, and so forth. For online customers, we will notify via your submitted contact information as soon as possible if the availability of the product or services has changed. If an item is not in stock, it will be placed on backorder and shipped when the item is available via the same method as the original order. Any items that ship directly from the manufacturer will ship complete upon availability of all related items on the order.

We make every attempt to calculate and present an expected shipment date for backordered items. If necessary, please contact us for additional details. Please note that the dates are not guaranteed dates and MCE Process cannot be held liable if the date is not met. The information is provided for your planning purposes only. This data could change at any time due to details with the manufacturer or specifics of your order. You may cancel a back order at any time prior to shipping (with the exception of some special orders) by contacting us.

Purchase Orders

We do not require confirming Purchase Orders for orders, but if your company policy requires it, please make sure it is clearly labeled as a confirming purchase order. Please remember, only our terms and conditions will apply and will override any terms or conditions that your order may attempt to hold as superior. We also reserve the right to not accept Purchase Orders in whole or terms and conditions of Purchase Orders that are not in agreement with our Terms and Conditions.

Processing of Orders

If you place an order online, and there are no credit, shipping or other issues, the order will be processed as soon as it is received into the order system. For faxed or mailed orders, our policy is to enter all orders the same business day they are received. Orders faxed and e-mailed after business hours, on weekends and on national and company holidays will be entered the next business day. Please note that new customer orders and international orders may require additional verification that could result in a delay in processing.

If your credit card is declined for the order amount, your established account goes over your limit, or a payment is past due, the processing of your order may be delayed. Please contact us or email sales@mceprocess.com to resolve any payment issues.

Please remember, only our terms and conditions will apply and will override any terms or conditions that your order may attempt to hold as superior. We also reserve the right to not accept any order in part or in whole, or terms and conditions of orders that are not in agreement with our Terms and Conditions, other policies or for any other reason.

Insurance

Because we ship FOB origination within the U.S (order-dependent in Canada), the risk of loss transfers to you when we deliver the goods to the carrier. Insurance is available at your expense to insure against loss or unusual damage (currently limited for online orders). It is not automatically included in the shipping charges. Your Sales Representative can calculate the cost of insurance and provide this estimate at the time you place your order. If you choose to purchase insurance, the charges will be added to your order or invoice. Additional insurance is not available for LTL shipments since maximum liability under those companies easily covers the value of our products. Insurance option is not generally available online; this request must be called in.

Export Regulations

MCE Process ships/exports its products in accordance with U.S. law. Diversion by our customers or any third part contrary to U.S. law is prohibited. To obtain more information on countries and parties prohibited for export, please visit: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm

Additional Notes on Shipping and Delivery

The following are surcharges for specific situations:

  • Fuel surcharges may apply; these are charged by the carrier and are added to any shipping charges.
  • Extended delivery area surcharges.
  • Check carriers’ Terms and Conditions for other surcharges that may apply.

Standard shipments and Residential Delivery

  • Additional charge may apply for deliveries to residential addresses.

Other notes/guidelines/restrictions on delivery times:

  • All shipments are subject to stock availability.
  • Delivery times are based on carrier policies. We cannot guarantee delivery times. MCE Process is not responsible for carrier delays due to weather, mechanical failures or other issues.
  • Due to shipper restrictions, we cannot ship to P.O. boxes.
  • If you need a delivery to a P.O. Box, please contact us as we may be able to deliver via USPS Priority Mail or Parcel.
  • All air services vary by zip code. Check delivery services for your area before ordering.
  • For International shipments and shipments to Canada, timely delivery cannot be guaranteed as the shipments can be delayed in customs.

International Shipments – Incoterms 2010

  • All International shipments ship Incoterms 2010 Ex Works (EXW). Free Carrier (FCA) terms may be arranged on a case by case basis.

Return Policy

We offer a generous 30 Day Return Policy for most items and will attempt to accept returns on most items, for any reason, subject to the following:

  • A Return Material Authorization is required for all returns and items must be received by us within 30 days of the date of purchase. Please use Return Material Authorization form, the return section of my account page, or call one of our Return Material Authorization (RMA) representatives at (844) 638-3757 for an RMA before returning any product to us. The RMA representative may request return approval for your product by our Technical Services department or manufacturer before an RMA can be issued.
  • Reason for Return: In our Return Material Authorization (RMA), we will ask for a brief explanation why the item is being returned to us. This provides continuous product feedback and helps us understand product issues and your needs.
  • Condition: The item being returned must be in new condition with factory seals intact (i.e. no scratches, seals broken or other signs of use). All original packing materials (boxes, bags, etc.) must be returned with the item and undamaged.
  • Restocking Fees: Most items returned in new condition will not have a restocking fee. However, some items may subject to a restocking fee. A restocking fee (typically 15%-50%) may be applied as a percentage of the amount originally charged for the item. Again, we are understanding people here and are willing to work with you if something didn’t go as planned for you so just contact us if you need an exception or have a special situation. You may also contact us prior to purchasing the item to see if a restocking fee would ever apply to that product.
  • Items that are generally not returnable include: any customized item, items with custom or “made to order” configurations, items with custom cables, custom lengths or dimensions, items with custom programming, custom firmware, custom software, custom configurations, custom layouts, custom engraving, custom printing, custom labels, nameplates, any made to order items, any non standard item, sampling equipment, analyzers, any item that comes in contact with any process, or any product as deemed by us, the vendor or the manufacturer as non returnable.
  • Proof of Purchase: We have to have a record of you purchasing the item from us. We will normally have this on file but you may be required to show proof of purchase on some orders.
  • Please note that we cannot accept products that you purchased from one of our Value Added Resellers (VARs), direct from the manufacturer or any other third party. Please contact the VAR or manufacturer from whom you purchased when seeking potential replacement, repair or credit.
  • A Return Material Authorization does not guarantee a refund or replacement. If a refund is initially issued and the manufacturer of the product finds the problem to be due to “customer use”, “installation issue”, “abuse” or any other factor, the credit will be reversed and you will be notified of such action. MCE Process will accept no responsibility nor issue credit for packages damaged in transit for any reason. It is your responsibility to assure that the product is properly packaged for shipment and insured. Freight charges are your responsibility and we highly recommend that you insure the item, at your expense, for the amount of the potential credit that you are seeking.
  • Typical Return Processing Time: Once the item is received and inspected by our fulfillment center (usually within 72 hours of receipt) we will process the return and then notify you of the approval of the item(s) for credit or refund. Any applicable refund will then be processed and a credit will be automatically applied to your credit card or original method of payment within 2 to 10 business days. We will refund you up to the purchased amount less shipping, handling and any restocking fees. Please note that depending on your credit card company or financial institution, it may take an additional 2 to 10 business days after your credit is applied for it to post to your account. If you paid on a NET account, your account will be credited within the next billing cycle. If you paid via check, a refund check will be mailed within 2-10 business days.
  • International Returns: Items shipped outside the of the United States or Canada, or items shipped “internationally” cannot be returned under normal circumstances. If there is a product defect, we will make all reasonable efforts to work with you and / or the manufacturer to provide you a full replacement if the manufacturer’s warranty terms and conditions apply. Customer is responsible for all shipping, handling, duties, fees and taxes associated with the cost of replacement of an internationally shipped item(s). No shipping charges, handling fees, duties or taxes will be refunded.

Refunds for Services

MCE Process is not obligated to provide refunds or credits for any Service, partial months or years of the Services, upgrades or downgrades, or unused time during your subscription. If MCE Process materially breaches these Terms and fails to cure this breach within thirty (30) days of receiving written notice from you of such breach, MCE Process will refund the proportion of the pre-paid fees attributable to the period after the breach. If you terminate your account in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.

Termination

MCE Process may terminate your account without notice in the event that you breach any of these Terms. your cancellation will take effect immediately. In the event of any termination, MCE Process will not refund any of the prepaid Fees. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. MCE Process reserves the right to refuse service to anyone for any reason at any time.

Service Centers and Support Information

MCE Process Technical Support Services:

Toll Free: (844) 638-3757

Phone: (937) 500-5208

Fax: (937) 991-3057

View Service and All Locations

Demo Equipment and Rental Units

CUSTOMER IS RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF DEMO OR RENTAL EQUIPMENT. Customer is responsible for the safekeeping of all Equipment, and shall bear the risk of any loss of the Equipment for any reason, and shall insure each item of Equipment against loss or damage for not less than the replacement value of each item and if requested by MCE shall provide evidence of such insurance. At MCE’ option, Customer shall either replace or pay the replacement cost of any item of Equipment which is lost, stolen, destroyed or damaged beyond repair. Until an item has been repaired, replaced or the replacement cost thereof has been paid by Customer, the Demo or Rental Term shall continue and Customer shall continue to pay the Demo Fee, Invoice Value or Rental Fee with respect thereto. Any item of non-expendable Equipment, accessories, manuals and the like which is lost, destroyed or damaged or which is not returned to MCE will be charged to Customer at full replacement cost (minimum $25.00). Current prices are available upon request. All Equipment will be delivered to Customer with ownership labels, calibration seals and anti-tamper notice affixed, as shall be determined by MCE. Provided that MCE is to perform service hereunder (see Section Service), Customer shall not permit such seals or notices to be removed or defaced and if such seals or notices are removed or defaced, Customer shall pay a reasonable repair, calibration or refurbishing fee. Customer shall also carry public liability and third party property damage insurance, in amounts sufficient to cover its obligations under this Agreement, including but not limited to protecting MCE from all damage, expense or penalties arising from or related to the use of the equipment during the demo (demonstration) or rental term.

Intellectual Property Rights

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, MCE Process, its suppliers and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

MCE Process always appreciates your feedback or other suggestions about MCE Process, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.

You may not duplicate, copy, reuse, or reverse engineer any portion of the Services, including, but not limited to, the HTML, CSS, Javascript, visual design elements, features, functions, or graphics without express written permission from us.

All trademarks, service marks, logos, trade names and any other proprietary designations of MCE Process used herein are trademarks or registered trademarks of MCE Process. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Grant of Limited License

Subject to your compliance with the Terms including, without limitation, maintaining your registration with current and accurate information and the prompt payment of applicable fees, MCE Process hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the Services. All rights not expressly granted to you are reserved by MCE Process and its licensors.

Without explicit permission from MCE Process, you may not

  • use MCE Process’s trademarks or service marks;
  • alter, modify, obscure, or remove MCE Process’s trademarks from the Services;
  • alter, modify, or obscure the Services;
  • either explicitly, implicitly, or through acts of omission, represent yourself as acting on behalf of MCE Process; or
  • either explicitly, implicitly, or through acts of omission, represent yourself as a partner, affiliate, reseller, employee, contractor, vendor, advisor, or counsel of MCE Process.

Modifications and Substitution to the Products and Services

MCE Process reserves the right at any time to modify, substitute or discontinue, temporarily or permanently, the Products or Services (or any part thereof) with or without notice. MCE Process shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Fees

MCE Process reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan (“Fees”). You agree to pay such Fees in accordance with the terms set forth in such account registration or change to account plan.

All Fees are exclusive of all levies, taxes, or duties imposed by taxing authorities and/or federal, state, province, territory and local authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your use of the Services, other than on MCE Process’s income. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.

MCE Process reserves the right, in MCE Process’s sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your account upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your account.

Third-Party Services

As part of your enjoyment of the Products or Services, subject to these Terms, you may grant a third party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to these Terms as your agent.

From time to time, separate products, applications or services that integrate or interoperate with the MCE Process Products or Services (collectively, “Add-ons”) may become available, either directly from MCE Process or independently. If you choose to install, access, use or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant MCE Process permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under these Terms.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Products or Services, please notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim is being infringed;
  • Identification of the material that is claimed to be infringing and where it is located;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Our designated copyright agent to receive notifications of claimed infringement can be reached as follows:

info@mceprocess.com

OR

Copyright Agent
MCE Process, LLC
707 Miamisburg Centerville Rd
Dayton, OH 45459
USA

Content Restrictions

You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received or sent through the Products or Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any user of the Product or Service who is interacting with you.

We have the right, but not the obligation, to remove Content that we determine in our sole discretion to be “Offensive Content” as defined below. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content or engages in unacceptable behavior on or through the Services.

We cannot control all Content posted by third parties to the Products or Services. You agree to use the Products or Services at your own risk. You understand that by using the Products or Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will MCE Process be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at info@mceprocess.com.

You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content, or Content that violates any of these the Terms (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:

  • use of derogatory, discriminatory or excessively graphic language
  • abuse, harassment, threats, flaming or intimidation of any person or organization
  • engaging in or contributing to any illegal activity or activity that violates others’ rights
  • providing information that is false, misleading or inaccurate
  • hacking or modifying the Services to falsely imply an association with MCE Process
  • engaging in or contributing to any activity that maliciously degrades the Products or Services
  • implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
  • disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you
  • transmitting worms, malware, viruses or harmful software
  • sending spam, unsolicited mail, unsolicited email, junk mail, junk email, unsolicited faxes or chain letters
  • disclosing personal or proprietary information of another user, person or organization
  • altering the Product or Service’s user interface in a way that removes access to any part of the Service’s functionality and/or inhibits access to or the display of advertisements
  • collecting the content or information belonging to our users or MCE Process, or otherwise accessing the Product or Services, using automated means (such as harvesting bots, robots, spiders or scrapers) without our permission
  • soliciting log in information or accessing the account of another user of the Products or Services
  • promoting, condoning, endorsing, distributing, publishing, or posting any material that solicits money, funds or people on websites or other properties that belong to MCE Process
  • aiding in the use of the Products or Services for purposes of advertisement or solicitation for commercial goods or services on websites or other properties that belong to MCE Process
  • harassing, annoying, intimidating or threatening users of the Services or employees or agents of MCE Process
  • removing or altering, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us
  • forging, manipulating or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Products or Services
  • posting, publishing, displaying or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights
  • posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals
  • posting content that advocates, endorses, condones or promotes harassment of others, or content that actively or indirectly harasses others
  • posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent or sexual manner
  • posting content that solicits personal information or any information from anyone under the age of 18
  • posting content that uses, promotes or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property

Account Restrictions

  • You must be legally able to enter into these Terms in your jurisdiction, such as being older than the minimum age of consent to enter into contracts.
  • You must be a natural person or a natural person representing a company, association or other organization. Accounts registered by “bots” or other automated methods are in violation of these Terms and will be immediately terminated.
  • You must provide a valid email address and truthfully provide any other information requested in order to complete the signup process (“Registration Data”) and provide prompt updates to the Registration Data in the event of any changes.
  • You must not impersonate nor misrepresent your identity or affiliations with other persons or entities.
  • You are responsible for maintaining the security of your account and password. MCE Process shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password.
  • You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Products or Services.
  • If your use of the Products or Services causes undue stress on the Products or Services and the systems running the Products or Services, MCE Process reserves the right to limit or disable your access to the Services without notice.
  • Verbal, written, physical, or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of MCE Process will result in immediate account termination.
  • You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Products or Services.

Governing Law

These Terms, your rights and obligations, and all actions contemplated by these Terms shall be governed by state and U.S. Law. Any disputes arising under this Agreement shall be heard in the state or federal courts in DE or OH. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure

MCE Process shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, Internet outages, fire, floods, earthquakes, accidents, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by MCE Process may be deferred for a period equal to the time of such delay.

Integration and Severability

These Terms are the entire agreement between you and MCE Process with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MCE Process with respect to the Products or Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Assignment of Terms

MCE Process may assign or transfer the Terms, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Headings for Convenience Only

Headings are for convenience only and have no legal or contractual effect.

Contact

If you have any questions about the Terms of Service, please contact us at info@mceprocess.com. Copyright © MCE Process, LLC.

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