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MillwrightMasters.com - Terms of Use
MILLWRIGHTMASTERS IS NOT INVOLVED IN ANY TRANSACTION,
and does
not handle payments, guarantee transactions, provide escrow
services, or offer "buyer
protection" or "seller certification" -
MillwrightMasters is simply supplying an avenue for
parties to interact. All users must proceed AT YOUR OWN
RISK! |
1.
ACCEPTANCE OF TERMS
MillwrightMasters provides a collection of online resources,
including classified ads,
forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using
the Service in
any way, you are agreeing to comply with the TOU. In addition, when
using
particular MillwrightMasters services, you agree to abide by any
applicable posted
guidelines for all MillwrightMasters services, which may change from
time to time.
Should you object to any term or condition of the TOU, any
guidelines, or
any subsequent modifications thereto or become dissatisfied with
MillwrightMasters in
any way, your only recourse is to immediately discontinue use of
MillwrightMasters.
MillwrightMasters has the right, but is not obligated, to strictly
enforce the TOU
through self-help, community moderation, active investigation,
litigation and
prosecution.
2.
MODIFICATIONS TO THIS AGREEMENT
We
reserve the right, at our sole discretion, to change, modify, or
otherwise alter
these terms and conditions at any time. Such modifications shall
become
effective immediately upon the posting thereof. You must review this
agreement on a
regular basis to keep yourself apprised of any changes. You can find
the most
recent version of the TOU at:
MillwrightMasters.com/tos.htm
3.
CONTENT
You
understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of
the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content
that you post,
email or otherwise make available via the Service. You understand
that
MillwrightMasters does not control, and is not responsible for
Content made available
through the Service, and that by using the Service, you may be
exposed to
Content that is offensive, indecent, inaccurate, misleading, or
otherwise
objectionable. Furthermore, the MillwrightMasters site and Content
available through the
Service may contain links to other websites, which are completely
independent of MillwrightMasters. MillwrightMasters makes no
representation or warranty as to
the accuracy, completeness or authenticity of the information
contained in
any such site. Your linking to any other websites is at your own
risk. You
agree that you must evaluate, and bear all risks associated with,
the use
of any Content, that you may not rely on said Content, and that
under no
circumstances will MillwrightMasters be liable in any way for any
Content or for any
loss or damage of any kind incurred as a result of the use of any
Content
posted, emailed or otherwise made available via the Service. You
acknowledge that
MillwrightMasters does not pre-screen or approve Content, but that
MillwrightMasters shall
have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the
Service, for
violating the letter or spirit of the TOU or for any other reason.
4.
THIRD PARTY CONTENT, SITES, AND SERVICES
The
MillwrightMasters site and Content available through the Service may
contain
features and functionalities that may link you or provide you with
access to
third party content which is completely independent of
MillwrightMasters,
including web sites, directories, servers, networks, systems,
information and
databases, applications, software, programs, products or services,
and
the Internet as a whole. Your
interactions with organizations and/or individuals found on or
through the
Service, including payment and delivery of goods or services, and
any other
terms, conditions, warranties or representations associated with
such
dealings, are solely between you and such organizations and/or
individuals. You
should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third
parties.
You
agree that MillwrightMasters shall not be responsible or liable for
any loss or
damage of any sort incurred as the result of any such dealings. If
there is a
dispute between participants on this site, or between users and any
third
party, you understand and agree that MillwrightMasters is under no
obligation to
become involved. In the event that you have a dispute with one or
more other
users, you hereby release MillwrightMasters, its officers,
employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected
and
unsuspected, disclosed and undisclosed, arising out of or in any way
related to
such disputes and / or our service. If you are a California
resident, you waive
California Civil Code Section 1542, which says: "A general release
does not
extend to claims which the creditor does not know or suspect to
exist in his
favor at the time of executing the release, which, if known by him
must have
materially affected his settlement with the debtor."
5.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If
you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been
otherwise violated, please notify MillwrightMasters agent for
notice of claims of
copyright or other intellectual property infringement ("Agent"), at:
abuse@MillwrightMasters.com
or
Copyright Agent
MillwrightMasters
3410
Bridge Street NW
Saint
Francis, MN 55070
Please provide our Agent with the following Notice:
a)
Identify the material on the MillwrightMasters site that you claim
is
infringing, with enough detail so that we may locate it on the
website; b) A
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; c) A
statement by you declaring under penalty of perjury that (1) the
above
information in your Notice is accurate, and (2) that you are the
owner of the
copyright interest involved or that you are authorized to act on
behalf of
that owner; d)
Your address, telephone number, and email address; and e)
Your physical or electronic signature.
MillwrightMasters will remove the infringing posting(s), subject to
the the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
6.
PRIVACY AND INFORMATION DISCLOSURE
MillwrightMasters has established a Privacy Policy to explain to
users how their
information is collected and used, which is located at the following
web
address:
http://www.MillwrightMasters.com/privacy.htm
Your
use of the MillwrightMasters website or the Service signifies
acknowledgement of/and
agreement to our Privacy Policy. You further acknowledge and agree
that
MillwrightMasters may, in its sole discretion, preserve or disclose
your Content, as
well as your information, such as email addresses, IP addresses,
timestamps, and
other user information, if required to do so by law or in the good
faith
belief that such preservation or disclosure is reasonably necessary
to:
comply with legal process; enforce the TOU; respond to claims that
any
Content violates the rights of third-parties; respond to claims that
contact
information (e.g. phone number, street address) of a third-party has
been
posted or transmitted without their consent or as a form of
harassment;
protect the rights, property, or personal safety of
MillwrightMasters, its users or the
general public.
7.
CONDUCT
You
agree not to post, email, or otherwise make available Content: a)
that is unlawful, harmful, threatening, abusive, harassing,
defamatory,
libelous, invasive of another's privacy, or is harmful to minors in
any way; b)
that is pornographic or depicts a human being engaged in actual
sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of
the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv)
sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or
pubic area of
any person; c)
that harasses, degrades, intimidates or is hateful toward an
individual or group
of individuals on the basis of religion, gender, sexual orientation,
race,
ethnicity, age, or disability; d)
that violates the Fair Housing Act by stating, in any notice or ad
for the
sale or rental of any dwelling, a discriminatory preference based on race,
color, national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the basis
of these or other characteristics); e)
that violates federal, state, or local equal employment opportunity laws,
including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color,
religion, sex,
national origin, age, or disability. f)
with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for
employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract. g)
that impersonates any person or entity, including, but not limited
to, a
MillwrightMasters employee, or falsely states or otherwise
misrepresents your
affiliation with a person or entity (this provision does not apply
to Content that
constitutes lawful non-deceptive parody of public figures.); h)
that includes personal or identifying information about another
person
without that person's explicit consent; i)
that is false, deceptive, misleading, deceitful, mis-informative, or
constitutes "bait and switch"; j)
that infringes any patent, trademark, trade secret, copyright or
other
proprietary rights of any party, or Content that you do not have a
right to make
available under any law or under contractual or fiduciary
relationships; k)
that constitutes or contains "affiliate marketing," "link referral
code," "junk
mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement; l)
that constitutes or contains any form of advertising or solicitation
if:
posted in areas of the MillwrightMasters sites which are not
designated for such
purposes; or emailed to MillwrightMasters users who have not
indicated in writing that it is ok to contact them about other
services, products or commercial interests; m)
that includes links to commercial services or web sites, except as
allowed in
"services"; n)
that advertises any illegal service or the sale of any items the
sale of which
is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by
California law.
o)
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any
computer software or hardware or telecommunications equipment;
p)
that disrupts the normal flow of dialogue with an excessive amount
of
Content (flooding attack) to the Service, or that otherwise
negatively
affects other users' ability to use the Service; or q)
that employs misleading email addresses, or forged headers or
otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to: r)
contact anyone who has asked not to be contacted, or make
unsolicited
contact with anyone for any commercial purpose; s)
"stalk" or otherwise harass anyone; t)
collect personal data about other users for commercial or unlawful
purposes; u)
use automated means, including spiders, robots, crawlers, data
mining
tools, or the like to download data from the Service - unless
expressly
permitted by MillwrightMasters; v)
post non-local or otherwise irrelevant Content, repeatedly post the same
or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure; w)
post the same item or service in more than one classified category
or
forum, or in more than one metropolitan area; x)
attempt to gain unauthorized access to MillwrightMasters computer
systems or
engage in any activity that disrupts, diminishes the quality of,
interferes with
the performance of, or impairs the functionality of, the Service or
the
MillwrightMasters website; or y)
use any form of automated device or computer program that enables
the
submission of postings on MillwrightMasters without each posting
being manually
entered by the author thereof (an "automated posting device"),
including
without limitation, the use of any such automated posting device to
submit postings in bulk, or for automatic submission of postings at
regular intervals; z)
use any form of automated device or computer program ("flagging
tool") that
enables the use of MillwrightMasters "flagging system" or other
community moderation systems without each flag being manually entered by the
person that
initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts
without a good
faith belief that the post being flagged violates these TOU;
8.
POSTING AGENTS
A
"Posting Agent" is a third-party agent, service, or intermediary that
offers to post Content to the Service on behalf of others. To
moderate demands on MillwrightMasters resources, you may not use a
Posting Agent
to post Content to the Service without express permission or
license from MillwrightMasters. Correspondingly, Posting Agents are
not
permitted to post Content on behalf of others, to cause Content to
be so
posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from MillwrightMasters.
9. NO
SPAM POLICY
You
understand and agree that sending unsolicited email advertisements
to
MillwrightMasters email addresses or through MillwrightMasters
computer systems,
which is expressly prohibited by these Terms. Any unauthorized use
of
MillwrightMasters computer systems is a violation of these Terms and
certain
federal and state laws, including without limitation the Computer
Fraud and
Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California
Penal
Code and Section 17538.45 of the California Business and Professions
Code. Such
violations may subject the sender and his or her agents to civil and
criminal penalties.
10.
PAID POSTINGS
We
may charge a fee to post Content in some areas of the Service. The
fee is an
access fee permitting Content to be posted in a designated area. Each
party posting Content to the Service is responsible for said Content and
compliance with the TOU. All fees paid will be non-refundable in the event
that Content is removed from the Service for violating the TOU.
11.
LIMITATIONS ON SERVICE
You
acknowledge that MillwrightMasters may establish limits concerning
use of the
Service, including the maximum number of days that Content will be
retained by
the Service, the maximum number and size of postings, email
messages, or other
Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that
MillwrightMasters has
no responsibility or liability for the deletion or failure to store
any
Content maintained or transmitted by the Service. You acknowledge
that
MillwrightMasters reserves the right at any time to modify or
discontinue the
Service (or any part thereof) with or without notice, and that
MillwrightMasters shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12.
ACCESS TO THE SERVICE
MillwrightMasters grants you a limited, revocable, nonexclusive
license to access the
Service for your own personal use. This license does not include:
(a)
access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor
any use of data mining, robots, spiders, or similar data gathering
and
extraction tools for any purpose unless expressly permitted by
MillwrightMasters. A
limited exception to (b) is provided to general purpose internet
search
engines and non-commercial public archives that use such tools to
gather
information for the sole purpose of displaying hyperlinks to the
Service,
provided they each do so from a stable IP address or range of IP
addresses using
an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website
or
search engine or other service that specializes in classified
listings or in
any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified ad
listing services.
MillwrightMasters permits you to display on your website, or create
a hyperlink on
your website to, individual postings on the Service so long as such
use is
for noncommercial and/or news reporting purposes only (e.g., for use
in
personal web blogs or personal online media). If the total number
of such
postings displayed or linked to on your website exceeds one hundred
(100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by MillwrightMasters to do so.
You may also
create a hyperlink to the home page of MillwrightMasters sites so
long as the link
does not portray MillwrightMasters, its employees, or its affiliates
in a
false, misleading, derogatory, or otherwise offensive matter.
MillwrightMasters offers various parts of the Service in RSS format
so that users can
embed individual feeds into a personal website or blog, or view
postings
through third party software news aggregators. MillwrightMasters
permits you to
display, excerpt from, and link to the RSS feeds on your personal
website or
personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly
linked back
to the original post on the Service and redirects the user to the
post
when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'MillwrightMasters' as the source, (d) your
use or
display does not suggest that MillwrightMasters promotes or endorses
any third party
causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
MillwrightMasters systems. MillwrightMasters reserves all rights
in the content of the
RSS feeds and may terminate any RSS feed at any time.
Use
of the Service beyond the scope of authorized access granted to you
by
MillwrightMasters immediately terminates said permission or
license. In order to
collect, aggregate, copy, duplicate, display or make derivative use
of the the
Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must
first
obtain a license from MillwrightMasters.
13.
TERMINATION OF SERVICE
You
agree that MillwrightMasters, in its sole discretion, has the right
(but not the
obligation) to delete or deactivate your account, block your email
or IP
address, or otherwise terminate your access to or use of the Service
(or any part
thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without
limitation, if
MillwrightMasters believes that you have acted inconsistently with
the letter or
spirit of the TOU. Further, you agree that MillwrightMasters shall
not be liable to
you or any third-party for any termination of your access to the
Service.
Further, you agree not to attempt to use the Service after said
termination.
Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
14.
PROPRIETARY RIGHTS
The
Service is protected to the maximum extent permitted by copyright
laws and
international treaties. Content displayed on or through the Service
is
protected by copyright as a collective work and/or compilation,
pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of
the site
or the collective work, and/or copying or reproducing the sites
or
any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of MillwrightMasters. You further agree not to
reproduce,
duplicate or copy Content from the Service without the express
written
consent of MillwrightMasters, and agree to abide by any and all
copyright notices
displayed on the Service. You may not decompile or disassemble,
reverse
engineer or otherwise attempt to discover any source code contained
in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial
purposes, any
aspect of the Service.
Although MillwrightMasters does not claim ownership of content that
its users post, by
posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to
grant, to
MillwrightMasters an irrevocable, perpetual, non-exclusive, fully
paid, worldwide
license to use, copy, perform, display, and distribute said Content
and to
prepare derivative works of, or incorporate into other works, said
Content, and
to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the
Service, you
automatically grant MillwrightMasters all rights necessary to
prohibit any
subsequent aggregation, display, copying, duplication, reproduction,
or
exploitation of the Content on the Service by any party for any
purpose.
15.
DISCLAIMER OF WARRANTIES
YOU
AGREE THAT USE OF THE MILLWRIGHTMASTERS SITE AND THE SERVICE IS
ENTIRELY AT YOUR
OWN RISK. THE MILLWRIGHTMASTERS SITE AND THE SERVICE ARE PROVIDED ON
AN "AS IS"
OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY
LAW,
MILLWRIGHTMASTERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MILLWRIGHTMASTERS SITE
AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MILLWRIGHTMASTERS
DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE
MILLWRIGHTMASTERS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE
MILLWRIGHTMASTERS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
MILLWRIGHTMASTERS
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE MILLWRIGHTMASTERS SITE OR THE SERVICE. Some
jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions,
some of
the foregoing disclaimers may not apply to you insofar as they
relate to
implied warranties.
16.
LIMITATIONS OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL MILLWRIGHTMASTERS BE LIABLE FOR DIRECT,
INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MILLWRIGHTMASTERS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE MILLWRIGHTMASTERS SITE OR THE SERVICE,
WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE MILLWRIGHTMASTERS SITE OR
THE SERVICE, FROM
INABILITY TO USE THE MILLWRIGHTMASTERS SITE OR THE SERVICE, OR THE
INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
MILLWRIGHTMASTERS SITE OR
THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE MILLWRIGHTMASTERS SITE OR THE
SERVICE OR ANY LINKS
ON THE MILLWRIGHTMASTERS SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
MILLWRIGHTMASTERS SITE OR
THE SERVICE OR ANY LINKS ON THE MILLWRIGHTMASTERS SITE. THESE
LIMITATIONS SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions,
some of the
foregoing limitation may not apply to you.
17.
INDEMNITY
You
agree to indemnify and hold MillwrightMasters, its officers,
subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service
providers, suppliers and employees, harmless from any claim or
demand,
including reasonable attorney fees and court costs, made by any
third party due
to or arising out of Content you submit, post or make available
through the
Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
18.
GENERAL INFORMATION
The
TOU constitute the entire agreement between you and
MillwrightMasters and
govern your use of the Service, superseding any prior agreements
between you and
MillwrightMasters. The TOU and the relationship between you and
MillwrightMasters shall be governed by the laws of the State of
Minnesota without regard to its
conflict of law provisions. You and MillwrightMasters agree to
submit to the
personal and exclusive jurisdiction of the courts located within the
county of
Anoka, Minnesota. The failure of MillwrightMasters to exercise or
enforce any right or provision of the TOU shall not constitute a
waiver of such
right or provision. If any provision of the TOU is found by a court
of
competent jurisdiction to be invalid, the parties nevertheless agree
that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU
remain in full
force and effect. You agree that regardless of any statute or law to
the
contrary, any claim or cause of action arising out of or related to
use of
the Service or the TOU must be filed within one (1) year after such
claim
or cause of action arose or be forever barred.
19.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s)
for
review, or by emailing to:
abuse@MillwrightMasters.com
Our
failure to act with respect to a breach by you or others does not
waive our right
to act with respect to subsequent or similar breaches.
You
understand and agree that, because damages are often difficult to
quantify, if it
becomes necessary for MillwrightMasters to pursue legal action to
enforce these
Terms, you will be liable to pay MillwrightMasters the following
amounts as liquidated
damages, which you accept as reasonable estimates of
MillwrightMasters' damages for the
specified breaches of these Terms: a) If
you post a message that (1) impersonates any person or entity;
(2)
falsely states or otherwise misrepresents your affiliation with a
person or
entity; or (3) that includes personal or identifying information
about
another person without that person's explicit consent, you agree to
pay
MillwrightMasters one thousand dollars ($1,000) for each such
message. This
provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures; b) If
MillwrightMasters establishes limits on the frequency with which you
may
access the Service, or terminates your access to or use of the
Service, you agree
to pay MillwrightMasters one hundred dollars ($100) for each message
posted in
excess of such limits or for each day on which you access
MillwrightMasters in
excess of such limits, whichever is higher. c) If
you send unsolicited email advertisements to MillwrightMasters email
addresses or through MillwrightMasters computer systems, you agree
to pay
MillwrightMasters twenty five dollars ($25) for each such email. d) If
you post Content in violation of the TOU, other than as described
above, you agree to pay MillwrightMasters one hundred dollars ($100)
for each Item
of Content posted. In its sole discretion, MillwrightMasters may
elect to
issue a warning before assessing damages. e) If
you are a Posting Agent that uses the Service in violation of the TOU,
in addition to any liquidated damages under clause (d), you agree to pay
MillwrightMasters one hundred dollars ($100) for each and every Item
you post in
violation of the TOU. A Posting Agent will also be deemed an agent
of the
party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay MillwrightMasters an additional
one hundred
dollars ($100) for each Item posted by the Posting Agent on behalf
of the
Principal in violation of the TOU. f) If
you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of these Terms without MillwrightMasters express written
permission, you
agree to pay MillwrightMasters three thousand dollars ($3,000) for
each day on
which you engage in such conduct.
Otherwise, you agree to pay MillwrightMasters actual damages, to
the extent such
actual damages can be reasonably calculated. Notwithstanding any
other
provision of these Terms, MillwrightMasters retains the right to
seek the remedy of
specific performance of any term contained in these Terms, or a
preliminary or
permanent injunction against the breach of any such term or in aid
of the
exercise of any power granted in these Terms, or any combination
thereof.
20.
FEEDBACK
We
welcome your questions and comments on this document in the
MillwrightMasters
feedback forum:
http://www.MillwrightMasters.com/forum
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