WEB SITE DISCLAIMERS
Your use of this Site does not mean that there is a contract between you and the Company, and is not a promise that we will represent you. Such matters will be determined only after terms of representation have been agreed upon and a contract executed by all persons. Your use of the Site acknowledges that you have read and understand the foregoing disclaimer.
The Site is provided “as is” without any representations or warranties, express or implied, including, without limitation, any warranties of fitness for a particular purpose or merchantability. The Company makes no representations or warranties in relation to the Site or the information and materials provided on the Site.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- the Site will be constantly available, or available at all;
- the information on the Site is complete, true, accurate or non-misleading;
- the properties listed are suited for any particular purpose or are merchantable at the time they are viewed; or
- the properties listed are available for sale or lease at the time they are viewed.
Nothing on the Site constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
The Company will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:
- for any direct loss due to any transaction regarding any property listed on this Site;
- for any indirect, special or consequential damages; or
- 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 the Company has been expressly advised of the potential loss.
Nothing in The Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in The Site disclaimer will exclude or limit the Company’s liability in respect of any:
- injury or loss caused by Company’s gross negligence;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the Site, you agree that the exclusions and limitations of liability set out in these Disclaimers are reasonable. If you do not think they are reasonable, you must not use the Site.
You agree that the limitations of warranties and liability set out in The Site disclaimer will protect the Company’s members, managers, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
If any provision of these Disclaimers is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Disclaimers.
MSA International LLC (the “Company”) has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. The contact information for Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy, and is on file with the United States Copyright Office. Company takes copyright and other intellectual property rights very seriously. It is the Company’s policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringement:
If you believe that content residing on or accessible through the Company website or service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
- A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Company otherwise comes to believe in good faith that a video on the Company service may contain material that infringes copyright, it is Company’s policy:
- to remove or disable access to the content identified in the notice of claimed infringement;
- to notify the content provider, member or user that it has removed or disabled access to the content; and
- in appropriate circumstances, to terminate access to the website by members who are repeat infringers.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user may send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for Orange County, Florida, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Suzanne D. Meehle, Esq.
1215 E Concord Street
Orlando, Florida 32803