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Introduction Welcome to
the website of Manufacturing Information Solutions ("MIS"). MIS
includes mis-group.com and deltapep.com. MIS is referred to herein as
"we", "us", or "our". PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MIS SITE. By using
the MIS Site, you signify your agreement to these terms of use. If you do
not agree to these terms of use please do not use the MIS Site. We reserve
the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for
changes. Your continued use of this MIS Site following the posting of
changes to these terms will mean you accept those changes. Privacy Manufacturing Information Solutions (M.I.S.) respects the privacy of everyone that visits our web site, sends us e-mail, or requests any form of information. Personal information will not be sold, traded, voluntarily given out, or otherwise provided to unauthorized third parties. Any information provided may be stored and used by M.I.S. to contact you concerning product offerings or solutions. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. We reserve the right to disable links from third party sites to any MIS Site. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to a MIS Site. While MIS strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. MIS has established a privacy policy to provide appropriate protection for personal information you share with us, such as your name, address, and telephone number. Generally, you can visit our Web site without telling us who you are or revealing information about yourself. Occasionally, however, we may need information from you, such as your name and address, to process an order or correspond with you. If you agree to give us such information, we intend to tell you how we will use it and will take appropriate steps to protect it from unauthorized access or disclosure. If you tell us you do not want us to use this data to contact you in the future, we will respect your wishes. If you decide you do not want to provide such information, you can still visit our Web site, but you may be unable to use certain options, offers, and services. Cookies The MIS web site does not currently utilize "cookies". Links to third party websites Be aware that the MIS Site occasionally contains links to third party sites or you could be directed to other sites that are beyond our control and that take you outside of our service. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by MIS. Since we do not control those third party web sites, we encourage you to review those third party web site privacy policies. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding. Restrictions on use of materials All trademarks, service marks, and trade names are proprietary to MIS or its affiliates. No material from any MIS Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any MIS Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. In the event you download software from any MIS Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Disclaimer THE MATERIALS IN THIS MIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY MIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY MIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY MIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any MIS Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any MIS Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Search and Directory are free services offered by us. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories. Indemnification You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MIS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MIS SITE. Jurisdictional Issues Unless otherwise specified, the materials in any MIS Site are presented solely for the purpose of promoting products, services, and other products available in the United States and its territories, possessions, and protectorates. MIS is controlled and operated by Manufacturing Information Solutions from its U.S. office in Indiana. We make no representation that materials on any MIS Site are appropriate or available for use in any particular location. Those who choose to access the MIS Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Termination These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all MIS Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to the MIS Site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the MIS Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these terms or otherwise. General Provisions These terms shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in South Bend, Indiana and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. Trademarks Product names listed on the MIS Site are trademarks or registered trademarks of their respective holders. Copyright All information, documents, images, products, and services provided on this Web site are the copyrighted work of MIS and/or its suppliers. Except as otherwise provided herein, you may not copy, reproduce, distribute, display, or transmit such materials in any way or reproduce or retransmit any part of the MIS Site without our prior written approval.
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