USE OF THE MISSION CRITICAL SITE OR ANY OF THE MISSION CRITICAL MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS SITE.
The Mission Critical Site provides information about Mission Critical and its products, allows consumers to find retailers of Mission Critical products, and allows consumers to purchase Mission Critical products directly through Mission Critical.
, which is incorporated into and made a part of this Agreement.
In creating an account and/or posting any content to the Mission Critical Site, you represent and warrant to Mission Critical that all information provided is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, misrepresent your age or occupation, provide an email address, address or billing information other than your own, or create multiple accounts except as otherwise authorized by Mission Critical.
Age Limits and Users under 13
This Site is not intended to be used by individuals 13 and younger. If you are not at least 13 years old, please do not set up a Mission Critical online account.
General Restrictions On Use & Termination
You may only use the Mission Critical Site and Mission Critical Materials for your personal and non-commercial use. Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Mission Critical Materials or the Mission Critical Site, and you may not create derivative works based on any portion of the Mission Critical Materials or Mission Critical Site without the express written consent of Mission Critical. Without limiting the generality of these Terms, you specifically agree not to use the Mission Critical Materials in connection with any of the following, each as determined in the sole discretion of Mission Critical:
- Any illegal or unauthorized use;
- Impersonation of any person or entity or falsely stating or misrepresenting your affiliation with another person or entity;
- Defaming, abusing, “stalking”, harassing, or threatening any other person;
- Harming minors in any way;
- Posting, storing, or otherwise using the Mission Critical Materials in connection with any content that is obscene, illegal, or sexually explicit;
- Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
- Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
- Restricting or inhibiting any other user from accessing or using the Mission Critical Site, including, but not limited to, by means of "hacking" or defacing any portion of the Mission Critical Site;
- Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfering with, disrupting, or destroying the functionality or use of any features or portions of the Mission Critical Site;
- Interfering with, disrupting, or destroying the servers or networks connected to the Mission Critical Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks, or taking any action that imposes or may impose (in the sole discretion of Mission Critical) an unreasonable or disproportionately large load on Mission Critical’s servers or infrastructure;
- “Hacking” or accessing without permission Mission Critical’s proprietary or confidential records or those of any other third party or the account of any third party without permission;
- Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Mission Critical Materials;
- Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
- Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Mission Critical or the Mission Critical Site;
- Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Mission Critical Site or Mission Critical Materials;
- Removing any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Mission Critical Site
- Modifying, copying, publishing, licensing, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Mission Critical Site or any other Mission Critical Materials or any portions thereof; and/or
- Violating any other term or condition governing your use of the Mission Critical Site or any applicable federal, state, or local law or regulation.
By registering with Mission Critical or purchasing a product from the Mission Critical Site, you may receive periodic emails from Mission Critical. These emails include, but are not limited to, notifications about your account or your use of the Mission Critical Site, purchases or orders for Mission Critical products, confirmations, newsletters, special offers, or other messages. We may also use your email address to respond to your customer service inquiries. If you would rather not receive email from Mission Critical, please send an email to email@example.com and you will be unsubscribed from receiving further mailings. Please allow 7-10 business days for completion.
Intellectual Property Rights
The Mission Critical Materials and the products featured on the Mission Critical Site are protected by copyright, trademark, patent and/or other intellectual property laws. Unless otherwise agreed in writing by Mission Critical, all text, graphics, data or other content appearing on the Mission Critical Site, including but not limited to visual interfaces, data, graphics, design, compilation, computer code, software, reports and other usage-related data, your account, and all other elements and components of the Mission Critical Materials and Site are owned by Mission Critical (collectively “Mission Critical Content”). Mission Critical Content is provided to you by Mission Critical for the sole purpose of your personal and non-commercial use of the Mission Critical Site. You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Mission Critical Site or any information, software, or services provided by Mission Critical hereunder. Mission Critical Content may be modified from time to time by Mission Critical in its sole discretion. Your use of the Mission Critical Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Mission Critical Site. Any unauthorized use of the content of the Mission Critical Site may subject you to civil or criminal penalties.
No license is granted to you for any other purpose other than for personal and non-commercial use, and any other use of the Mission Critical Content by You shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Mission Critical or its licensors in the Mission Critical Site and any associated IP Rights.
The word mark MISSION CRITICAL and the associated design are trademarks of Mission Critical and may not be used without the prior, express, written permission of Mission Critical. The names of brands or products featured or described on the Mission Critical Site may be separately protected by trademarks owned and controlled by Mission Critical. No license, right or interest in any trademarks of Mission Critical is granted under this Agreement.
Unless otherwise expressly agreed to by the parties in writing, nothing herein shall grant any rights to you.
Your Representations About Your User Created Content
For any content you may upload, post, or otherwise submit to the Mission Critical Site, you grant to Mission Critical, its successors, assigns, and licensees, a perpetual, non-revocable, worldwide, transferrable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to the Mission Critical Site, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Mission Critical’s attention.
You also represent and warrant that no other person or entity has any rights in any content you post that would limit or restrict either your ability to comply with this Agreement or Mission Critical’s rights in the content ability to fully use the content as contemplated herein.
If a minor appears in any content you submit to Mission Critical, you represent and warrant that you are the parent or legal guardian of the minor or, if you are not the parent or legal guardian of the minor, you represent and warrant that you have obtained an affidavit from the parent or legal guardian of the minor to use the minor’s name/image/likeness/photo in your content.
Notice Of And Procedure For Claims Of Copyright Infringement
Mission Critical respects the intellectual property and proprietary rights of others. In accordance with the Digital Millennium Copyright Act, Mission Critical has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Mission Critical Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Mission Critical Site, please send Mission Critical’s Designated Agent (identified below) a notice containing the following:
- (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- (2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- (3) A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that we can locate the material;
- (4) Your address, telephone number and email address;
- (5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- (6) A statement by you, 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 copyright owner.
- You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.
P.O. Box 610140
Redwood City, CA 94061 USA
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING MISSION CRITICAL THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESINGATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
- (1) Your physical or electronic signature;
- (2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
- (3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- (4) Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Mission Critical may replace or enable the removed content 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 Mission Critical’s sole discretion.
YOU ARE USING THE MISSION CRITICAL SITE “AS IS.” IN NO EVENT SHALL MISSION CRITICAL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH ANY USE OF THE SERVICES, THE MISSION CRITICAL SITE, OR THE MISSION CRITICAL CONTENT. ALL CLAIMS BROUGHT UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM ACCRUED OR WILL BE WAIVED.
THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE MISSION CRITICAL SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE MISSION CRITICAL SITE ARE PROVIDED TO USER ON AN “'AS IS” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. MISSION CRITICAL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING.
The Mission Critical Site is provided to you without charge as a convenience and for your information only. By merely providing access to the Mission Critical site, we do not warrant or represent that: the content is accurate or complete; the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to the Mission Critical Site will be free from interruptions, errors, computer viruses or other harmful components.
Links To Third Party Sites
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible.
You may not transfer or assign your rights and obligations under this Agreement (other than your right to receive payment resulting from winning any contest if applicable) without the prior, written consent of Mission Critical. However, Mission Critical may freely assign this Agreement without restriction.
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Mission Critical unless such waiver is in writing signed by Mission Critical.
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws or other principles that provide for the application of the law of another jurisdiction. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, and collection costs). The Mission Critical Materials and Site are intended to be offered from Mission Critical’s location in the United States of America. Mission Critical makes no representations that the Mission Critical Materials or Site are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.
Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: firstname.lastname@example.org