Terms and Conditions

MESCIUS inc. Terms and Conditions

By visiting developer.mescius.com, you agree to abide by the Terms and Conditions described below. We have created these rules and guidelines to protect you and to ensure that MESCIUS' Website(s) is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the Terms and Conditions below, please do not access or use this site.

Legal Notice and Disclaimer

MESCIUS obtains all information, downloadable files, and software contained herein from sources believed by MESCIUS to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, MESCIUS shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the MESCIUS Website. MESCIUS makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the MESCIUS Website. MESCIUS may change any information and/or software in the Website at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranties of any kind.

MESCIUS expressly disclaims all warranties with regard to the information and/or software, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. In no event shall MESCIUS be liable for any special, incidental, indirect, or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on MESCIUS' Website. Some U.S. states and foreign countries may provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by MESCIUS' authorized representatives, and shall be governed by the laws of the Commonwealth of Pennsylvania.

Links to Third-Party Sites

The links to third parties contained within this Website will allow you to leave MESCIUS' site. The sites that are linked to MESCIUS' site are not under the control of MESCIUS. MESCIUS is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. MESCIUS provides these links only as a convenience to you, the user of the Website; and the inclusion of any link to a third-party site it is not, nor does it imply in any way MESCIUS' of the linked site.

Any rights not expressly granted by MESCIUS herein are expressly reserved.

These Terms and Conditions govern your use of MESCIUS' site and all services provided in connection with MESCIUS' site. MESCIUS shall not be liable to you for any breach of these Terms and Conditions. In addition, MESCIUS does not bear any fiduciary responsibility to any user of this Website. If you do not agree to these Terms and Conditions, please do not enter or register at MESCIUS' site. The Terms and Conditions for your continued use of MESCIUS' site will be posted on the site. Please check this area before using MESCIUS' site to determine whether a change has been made to these Terms and Conditions. If you do not agree to these changes in the Terms and Conditions as they may occur from time to time, please arrange to terminate your registration with MESCIUS' site immediately (i) by notifying MESCIUS of your unwillingness to accept the changes to the Terms and Conditions; and (ii) by discontinuing your use of MESCIUS' site. Your continued use of MESCIUS' site shall be construed as, and shall constitute, your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time MESCIUS may supplement these Terms and Conditions with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on MESCIUS' site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.

Collection of Personal Information

When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, MESCIUS may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, MESCIUS may require that you provide certain personal information such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the Website, you may be asked to provide a credit card number. In some countries, MESCIUS is represented by an exclusive reseller who provides marketing, sales, and support services on behalf of MESCIUS in the interest of providing better service to customers residing in those countries. When you submit personal information to MESCIUS, you understand and agree that if you reside in a country where MESCIUS is represented by an exclusive reseller, MESCIUS may forward your customer profile to such reseller for the purpose of providing you with marketing, sales, and support services. Your personal information will not be leased, sold, rented, or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, MESCIUS allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for MESCIUS' own direct mail and promotional purposes. In those instances, the third party is bound by these terms. All information collected, regardless of type, will be protected pursuant to the Privacy Act, Freedom of Information Act and The General Data Protection Regulation (EU).

MESCIUS collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. MESCIUS also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other MESCIUS products and services. Notwithstanding other provisions contained herein to the contrary, you hereby agree that MESCIUS may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name, and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of MESCIUS or its affiliated entities.

Your personally identifying information will not be used by MESCIUS for editorial purposes unless you first agree in writing. MESCIUS may also use such information for MESCIUS promotional and marketing purposes. MESCIUS respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about MESCIUS products.

If you would like to have your name deactivated from MESCIUS' lists, or if you would like to unsubscribe from MESCIUS' e-mail bulletins, please contact our Data Protection Officer at us.dpo@mescius.com.

You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on MESCIUS' discussion forum, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties.

For a detailed description of the data collected by MESCIUS, its use, and your control over it, please see MESCIUS' Privacy Policy**.**

Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MESCIUS immediately of any unauthorized use of your account or any other breach of security. MESCIUS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MESCIUS or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Use of Cookies

When you visit developer.mescius.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving which allows you to decide whether or not to accept it. While MESCIUS uses cookies to track your visit to developer.mescius.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided MESCIUS with personal information.

Please note that MESCIUS is not responsible for the content or privacy practices of third party Websites to which developer.mescius.com may link. Users may contact our Data Protection Officer at us.dpo@mescius.com with any further questions.

For a complete list, detailed descriptions and directions regarding removal of cookies used by the MESCIUS website(s) and a please see the MESCIUS Cookie Policy.

Content of Messages

You agree not to use MESCIUS' site to send or post on message boards or any place on MESCIUS' site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. MESCIUS reserves the right to delete any such material from MESCIUS' site. MESCIUS will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained in this Section.

You agree not to post or use MESCIUS' site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs, or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) MESCIUS allows you access to content that is protected by copyright, trademark and other intellectual and proprietary rights ("Rights"); (ii) these Rights are enforceable and protected in all media and technologies whether now existing or subsequently developed; and (iii) except as explicitly provided to the contrary, these Terms and Conditions and the applicable copyright, trademark and other laws govern your use of such content. You may not post to MESCIUS' site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to the Rights. The burden of determining that Rights do not protect any information, software, images or any other content on MESCIUS' site rests with you. You acknowledge that MESCIUS may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of MESCIUS' site, including message boards, forums, contests and/or chat rooms, you grant MESCIUS and its affiliates a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or subsequently developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and has effectively and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on MESCIUS' site retains any and all Rights that may exist in such content.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and MESCIUS reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MESCIUS will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with MESCIUS' Return Policy.

Third-Party Services

Special routing icons may be included within MESCIUS' site, the activation of which will allow you to access and learn more about MESCIUS and other services provided by MESCIUS or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF MESCIUS' SITE IS AT YOUR SOLE RISK. MESCIUS' SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESCIUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MESCIUS MAKES NO WARRANTY THAT MESCIUS' SITE WILL MEET YOUR REQUIREMENTS, OR THAT MESCIUS' SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MESCIUS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MESCIUS' SITE. MESCIUS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF MESCIUS' SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MESCIUS' SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MESCIUS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH MESCIUS' SITE. MESCIUS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MESCIUS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN MESCIUS' SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. MESCIUS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. MESCIUS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN MESCIUS' SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESCIUS OR THROUGH MESCIUS' SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MESCIUS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MESCIUS' SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH MESCIUS' SITE.
MESCIUS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE MESCIUS' SITE. AS A CONVENIENCE TO MESCIUS' USERS, MESCIUS MAY PROVIDE LINKS TO THIRD PARTY SITES AND TO RESOURCES THAT ARE BEYOND MESCIUS' CONTROL. MESCIUS MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MESCIUS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MESCIUS WITH RESPECT TO SUCH SITES.

Limitation of Liability

MESCIUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MESCIUS' SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MESCIUS' SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MESCIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages

MESCIUS may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. MESCIUS makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from MESCIUS, and you agree that MESCIUS shall not be liable to you thereto.

Indemnification

You agree to indemnify and hold each officer and/or employee of MESCIUS, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of MESCIUS' site, the violation of these Terms and Conditions by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Pennsylvania State and U.S. Federal courts sitting in the County of Allegheny or, the Pennsylvania State and U.S. Federal courts having within their jurisdiction the location of MESCIUS' principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

Remedies for Breach of these Terms by You

In the event that MESCIUS determines, at its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the community of MESCIUS' site, MESCIUS reserves the right to (i) warn you via e-mail that you have violated these Terms and Conditions; (ii) delete any content provided by you or your agent(s) to MESCIUS' site, (iii) delete all content provided by you to MESCIUS' site, (iv) discontinue your registration with MESCIUS' site and/or any other MESCIUS community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action that MESCIUS deems appropriate.

Miscellaneous information

In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
MESCIUS may assign, without notice, its rights and obligations under these Terms and Conditions and upon such assignment MESCIUS may be relieved of any further obligation hereunder.
You represent to MESCIUS that you have the authority to register with MESCIUS' site according to these Terms and Conditions. These Terms and Conditions and any Additional Terms (as such terms shall be identified when posted on MESCIUS' site by MESCIUS) constitute the entire understanding between the parties as to the subject matter herein and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of MESCIUS, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
MESCIUS reserves the right to charge fees, surcharges and/or membership fees at any time without any notice to you.

MESCIUS CONTACT INFORMATION

Attn: MESCIUS Data Protection Officer
211 North Whitfield Street Seventh Floor Pittsburgh, PA 15206 800.858.2739 412.681.4343 412.681.4384 (Fax) E-mail: us.dpo@mescius.com