WEBSITE TERMS OF USE – OVERVIEW

Welcome to the www.morristhomas.com website (the “Site”). The following, along with the Terms of Sale, are terms of a legal agreement between you and Morris Thomas™. By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.

The material provided on this Web site is protected by law, including, but not limited to, United States Copyright law and international treaties. Morris Thomas makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Morris Thomas may at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. If Morris Thomas makes such revisions, you will be notified via a notation that the Terms of Use are new next to the link to the Terms of Use. A notice of the last date of revision will always appear at the bottom of these Terms of Use.

PERMISSIBLE USE

The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Morris Thomas’ prior written consent, except that Morris Thomas grants you non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Morris Thomas) use of the Site. Morris Thomas further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Morris Thomas, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use this Web site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of this Web site or with other users’ use of this Web site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Morris Thomas name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian.  Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should Morris Thomas learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Morris Thomas does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

DISCLAIMERS REGARDING CONTENT

Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Morris Thomas assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Morris Thomas know by calling 1-800-640-8725 or emailing m@morristhomas.com.

Morris Thomas provides no assurances that any reported problems will be resolved, even if Morris Thomas elects to provide information with the goal of addressing a problem.

CONFIDENTIAL INFORMATION AND SUBMISSIONS

The Site does not collect confidential information from you, except to the extent that you submit it via email or other means. Morris Thomas does not want to receive confidential or proprietary information from you through the Site, e-mail or other means. Therefore, any information or material sent to Morris Thomas will be deemed NOT to be confidential. By sending Morris Thomas any information or material, you grant Morris Thomas an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Morris Thomas is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

OUTSIDE WEBSITES

The Site may provide links or references to other websites and resources. Morris Thomas does not own or control these third-party websites, and these Terms of Use do not apply to them. Morris Thomas makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that Morris Thomas endorses the content or use of such website or its owner. In addition, Morris Thomas is not a party to or responsible for any transactions you may enter into with third parties, excluding its third-party cart service as described in the Terms of Sale,  even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Morris Thomas is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the Morris Thomas name or logo, please understand that it is independent from Morris Thomas, and that Morris Thomas does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

INTELLECTUAL PROPERTY

The collections and information featured on the Site are produced, distributed and owned by Morris Thomas. The images and information published on this site are the intellectual property of Morris Thomas.  You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Morris Thomas owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Morris Thomas intellectual property, in whole or in part.

The precious metal second button and the Morris Thomas name are trademarks of Morris Thomas. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Morris Thomas. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Morris Thomas. Morris Thomas aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Morris Thomas’ trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.

All rights reserved.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. MORRIS THOMAS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, MORRIS THOMAS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL MORRIS THOMAS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MORRIS THOMAS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

DISPUTES

You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Minneapolis, Minnesota, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Morris Thomas has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

 

Last revised: October 12, 2011.