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NCDMM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF OUR WEBSITE AND OUR SERVICES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

BY ACCESSING OR USING OUR WEBSITE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO, SHALL ABIDE BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

These are the terms and conditions that constitute the official terms of use (“Terms of Use”) between you (“you” or “your”) and the National Center for Defense Manufacturing & Machining (“NCDMM”, “we”, “our” or “us”) that apply to your use of our website and the available services, features and functions that are offered and made available on, through or using our website and through our services generally (the “Services”).

When you use or take advantage of any features or functions of our Services or participate or engage in activities or transactions we make available in connection with our Services you are also confirming your agreement to be bound by and comply with any and all additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”). Such Additional Terms that apply to you, as well as our Privacy Policy, and are all part of these Terms of Use and form a part of your agreement with us regarding your use of and access to the Services.

The words "use" or "using" means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the website or the Services, transmit, receive or exchange data or communicate with the website or the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the website or the Services, for any purpose whatsoever. Anyone using our Services, including you, may also be referred to as a “user.”

You represent, warrant and covenant to us that any and all information or data you provide to us in connection with your use of the Services, is and will be, true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent material facts or information, and that you will promptly submit corrected or updated information or otherwise advise us promptly in writing of any such changes or updates to any information you’ve provided to us.  You further consent and authorize us to verify your information as required for use and access to our Services.

1.  PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
“Content” refers to all proprietary information and materials that are copyrightable or otherwise legally protectible which you may encounter in connection with our Services including but not limited to images, audio, video, logos or trademarks including JUMPED™..  You will not alter, delete, obscure or conceal any copyright or other notices of such Content, nor will you reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Use, without our express written consent. You also will not copy, modify, display, transmit, transfer, distribute or use Content in violation of these Terms of Use or any laws or regulations. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under these Terms of Use.
Content is either our property or owned by affiliate partners, the US Government or third parties and is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and international treaties.  You agree that the entities mentioned above are third-party beneficiaries under these Terms of Use and both we and they can protect our respective rights and enforce these Terms of Use against you.  Any rights not granted to you under these Terms of Use are fully reserved by us and any unauthorized or prohibited use of the Content may subject you to civil liability, criminal prosecution, or both. 

2.  ACCESS TO AND USE OF THE SERVICES
Your access to and use of our Services is subject to all applicable local, provincial, state, and national laws and regulations. You shall not use, allow, or enable others to use our Services or in any manner that is, attempts or is likely to:

  1. be libelous, defamatory, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else;
  2. affect adversely, harm, disparage or reflect negatively on the NCDMM or our Services or on our goodwill, name or reputation, or the goodwill, name or reputation of any affiliate partner, the US Government or any related third party;
  3. transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
  4. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
  5. gain unauthorized access to our Services or others’ personally identifiable information; or other computers, websites or pages connected or linked to our Services or to use our Services in any manner which violates or is inconsistent with these Terms of Use;
  6. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Services or the rights or use and enjoyment of our Services by any other person, firm or enterprise; or
  7. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any content, material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Services unless you have obtained the express, prior permission of such other person, firm or enterprise to do so or as otherwise set forth in these Terms of Use or any additional terms as applicable to your use of our Services.

3.  LINKS TO THIRD PARTY SITES
The NCDMM may recommend and/or endorse the use of affiliate partners or third parties and their products or services and/or include promotional information, URLs, or hypertext links to other affiliate partners’ or third parties’ websites or other forms of re-direction of your connection to, with or through our Services (“Links”). However, the NCDMM does not verify or have any obligation, responsibility or liability resulting from the display of any Links to other affiliate partners’ or third parties’ websites (including their privacy policies and terms of use) or for any of their goods or services, whether or not we have a separate marketing, advertising or other promotional arrangement with them.  We have no responsibility or liability for the conduct or activities of any affiliate partner or related third party.

4.  DISCLAIMER OF WARRANTIES
THE SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE OUR SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS (WHETHER AS A RESULT OF TECHNOLOGICAL OR HUMAN ERROR), OR OMISSIONS ARISING OUT OF YOUR USE OF OUR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF THE CONTENT AND ANY AND ALL FEATURES AND FUNCTIONS OF OUR SERVICES.

Some jurisdictions do not allow for the exclusion of certain warranties.  Accordingly some of the exclusions described in these Terms of Use may not apply to you.

5.  MODIFICATIONS
We have the right, any time and from time to time, for any reason in our discretion, to change these Terms of Use, including the Privacy Policy and any Additional Terms that apply to our Services. We will post notices of material changes on our website and we may also send you an email about any such material changes. Once we post such changes, they become effective immediately. Your use of our Services after any such changes become effective constitutes your acceptance of such changes. Please check frequently and review these Terms of Use so you are aware of the most current terms and conditions of your agreement with us.  We also reserve the right, any time and from time to time, in our discretion, to modify, suspend or discontinue all or any portions of our Services without notice and without liability to you or any other party.  If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by these Terms of Use unless we notify you otherwise.

6.  LIMITATION OF LIABILITY AND RELEASE
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR ACCOUNT, FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND EQUITY IN SUCH SITUATION.

In the event you have any dispute with one or more third parties as a result of your use of our Services or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our employees, agents, representatives, operational service providers and suppliers, for any claims, actions demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.

7.  INDEMNIFICATION
You agree to defend and indemnify us, our employees, agents, licensors, representatives, operational service providers and suppliers against any and all demands, claims and actions and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation (or any authorized user’s breach or violation) of these Terms of Use, any material, content or items you submit or provide to us  or your alteration, use, export or disclosure of any content, as well as your violation of law or regulation or your infringement, misappropriation or any violation of the rights of any other party.  We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise.  No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.  We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

8.  MISCELLANEOUS
If any term or condition is held illegal, invalid or unenforceable, this will not affect any other provision each of which will continue in effect. Any term or condition which must survive to allow us to enforce its meaning shall survive; however no action arising out of these Terms of Use or your use of our Services, regardless of the form of action or basis of the claim, may be brought by you more than 1 year after the cause of action has arisen (or if multiple causes, the date the first cause arose). Our delay or failure to take any action shall not be or be construed as a waiver of that or any other term, condition or right we may have.

9.  LAW THAT APPLIES
Your use of our Services and these Terms of Use, shall be governed, construed and enforced the laws of the State of Pennsylvania applicable to contracts made, executed and wholly performed in Pennsylvania.  You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Pennsylvania and you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act.  A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

10.  ENTIRE AGREEMENT
Our Privacy Policy, and any Additional Terms that may apply to you and your use of our Services, are incorporated into and form a part of these Terms of Use as if fully set forth herein, and together represent the complete and exclusive statement of terms and conditions between you and us regarding your use of our Services, superseding any and all prior or inconsistent agreements, understandings, discussions, communications, written, oral or otherwise, relating thereto.

If you have any questions concerning our Terms of Use or if you do not understand any of the terms or disclosures noted above, you may contact us at: or NCDMM Terms of Use at P.O. Box 231, 1600 Technology Way, Latrobe, PA 15650-0231 USA.

These Terms of Use were last modified on April 10, 2007 and are effective immediately.

© Copyright 2010 NCDMM. All Rights Reserved.