Maxim Crane Works, L.P. Website Terms of Use

Agreement  

1. 1. Maxim Crane Works, L.P. (“Maxim Crane,” “we,” “us”, “our”), operates www.maximcrane.com (“Website”) is providing you, as user, with access to this Website and the services and content (collectively, the “Services”) we provide. These Terms of Use govern your use and our provision of the Services.  
   2. YOUR RIGHT TO USE THE SERVICES IS SUBJECT TO THESE TERMS OF USE. IF YOU USE THE SERVICES IN ANY WAY, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT USE THE SERVICES. ACCORDINGLY, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES.  
   3. We may change these Terms at any time. Any such amendment will be effective upon the date they are posted to the Website, unless another date is specified. You are responsible for periodically reviewing these Terms of Use for updates and amendments. By continuing to use the Services, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to these Terms of Use, you must discontinue using the Services. These Terms of Use can be changed only through a written amendment of these Terms of Use and cannot be changed verbally or in any other manner of writing.  
   4. For more information about the privacy of your personal information, please review our Privacy Policy. 

Ownership, Intellectual Property, and Protection of Services.  

1. 1. You agree that the Services, and all software, data, photographs, writing, music, images, videos, text, other content, and all Intellectual Property Rights therein, are owned by us, and/or our suppliers and/or our licensors, and/or persons indicated on notices with respect to particular portions of the Services. For the avoidance of doubt, “Services” includes all software, data, photographs, writings, music, images, sounds, videos, and other content. “Intellectual Property Rights” means all copyrights, rights of inventorship, patents, trademarks, service marks, trade names, trade dress, trade secrets, rights of publicity, rights of privacy, and all other proprietary rights. Except as we specifically agree in writing, no element of the Services may be used or used, processed or exploited in any way other than as part of the Services offered to you through the Website. You may own the physical media on which elements of the Services are delivered to you or reside, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you. 
   2. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license (the “License”) to access and use the Services. You are permitted to use such Services for your personal, noncommercial use only, and only for as long as the Services are made available by us. This License does not include any right to reproduce, distribute, communicate to the public, make available to the public, create derivative works of, or transform any of the Services in any media format or channel (except as expressly described or contemplated within the Services). Without limiting the foregoing, you may not use the Services as a service bureau, data center or reseller. Under this License and your use of the Services, you may not circumvent or disable any content protection system or digital rights management technology used by the Services; decompile, reverse engineer, disassemble or otherwise reduce the Services to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. All rights not expressly granted are reserved. 
   3. The Services may integrate, be integrated into, or be provided in connection with, third-party services and content. We do not control those third-party services and content. You should read the terms of use and privacy policies that apply to such third-party services and content. 
   4. If you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  
   5. You will not: (a) access or attempt to access the Services or any part of the Services you are not authorized to access or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to, the Services or networks connected to or accessible through the Services or any affiliated or linked websites or access or use the Services in any manner that could damage, disable, overburden, or impair any server or network associated with the Services; (c) use the Services to transmit any information of a sensitive nature, except where expressly permitted or required to use that portion of the Services; (d) use the Services in any manner that infringes upon or violates any Intellectual Property Rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) disrupt, interfere with, or inhibit any other user from using the Services; (f) violate any applicable laws or regulations related to the access to or use of the Services, and/or engage in any activity prohibited by the Terms of Use; (g) compile, use, download, or otherwise copy any materials available on the Services (except as expressly permitted), or transmit, provide, or otherwise distribute such materials to any third party; (h) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing any portion of or all of the Services; (i) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services; or (j) remove any copyright, trademark, or other proprietary rights notice from the Services. These examples of prohibited conduct are illustrative and are not exhaustive.  TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR OUR SERVICES AND YOUR COMPLIANCE WITH THIS SECTION 2(e) AND WITH THE TERMS OF USE AS A WHOLE. 
   6. We respect the Intellectual Property Rights of others. It is our policy to terminate the access privileges of those who repeatedly infringe the Intellectual Property Rights of others. If any person or entity believes such party’s work has been posted on the Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that the party claims has been infringed, and identification of the URL or other specific location on the Services where the material that the party claims is infringing is located; (c) the party’s address, telephone number, and email address; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party is authorized to act on the copyright owner’s behalf. Please note, by submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the Services) you consent to have that communication forwarded to the person who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. However, the DMCA infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions. 
   7. Our full name and street address is: Maxim Crane Works, L.P., 1225 Washington Pike, Bridgeville, PA 15107. We list, immediately below, the name and address of our designated agent for copyright infringement issues.

Our designated agent for notice of copyright infringement can be reached at: 

Agent: General Counsel, Maxim Crane Works, L.P., 1225 Washington Pike, Bridgeville, PA 15107, dgoebel@maximcrane.com.  

Representations and Warranties; Limitation of Liability; Disclaimer.  

1. 1. YOU AGREE AND ACKNOWLEDGE FOR MAXIM CRANE’S BENEFIT, AND OUR SUPPLIERS’ AND LICENSORS’ BENEFIT, THAT USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL TECHNOLOGIES AND TOOLS, IS WITHOUT WARRANTY OF ANY KIND AND THAT THE ACCESS TO AND USE OF THE SERVICES, AS PROVIDED UNDER THE TERMS OF USE, IS PROVIDED “AS IS AND WHERE IS”. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES BASED ON CUSTOM AND PRACTICE. APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU AND SHALL APPLY ONLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 
   2. WE DO NOT WARRANT THAT THE SERVICES (OR ANY OF THEM) WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  
   3. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO VERIFY INFORMATION AND DATA MADE AVAILABLE ON, BY OR THROUGH THE SERVICES AND YOU ASSUME ALL OBLIGATION AND RISK FOR ALL ATTRIBUTES OF THE DATA, INCLUDING, BUT NOT LIMITED TO, ITS CORRECTNESS AND ACCURACY. 
   4. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MAXIM CRANE, ITS SUPPLIERS AND LICENSORS, AND MAXIM CRANE’S AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, DONORS, VOLUNTEERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, (COLLECTIVELY REFERRED TO AS “THE MAXIM CRANE RELATED PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR FOR ANY ACTIVITY OR ACTIVITIES, IN THE AGGREGATE, RELATED TO THE SERVICES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, FOR ANY AMOUNT IN EXCESS OF $1,000. ADDITIONALLY, MAXIM CRANE RELATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR LOST PROFITS RESULTING FROM THE USE OR INABILITY TO USE, OR FAILURE OF, THE SERVICES, OR FOR ANY OTHER REASON, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER MAXIM CRANE RELATED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION ON LIABILITY AND DAMAGES, MAXIM CRANE RELATED PARTIES’ LIABILITY AND EXPOSURE TO DAMAGES WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.  
   5. ANY LINKS TO OR DISPLAY OF THIRD-PARTY CONTENT ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. MAXIM CRANE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF THE ACCURACY, QUALITY, RELIABILITY OR ETHICALITY OF ANY INFORMATION CONTAINED AT THE OTHER SITES TO WHICH THE SERVICES LINK.  

Indemnification. 

1. 1. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICES (EXCEPT FOR CLAIMS DIRECTLY RESULTING FROM OUR VIOLATION OF LAW OR TORTIOUS CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY CLAIM ARISING FROM ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, COVENANT, OR OTHER TERM OF THE TERMS OF USE OR VIOLATION OF LAW. AT OUR OPTION, WE MAY UNDERTAKE TO DEFEND ANY SUCH CLAIM IN PLACE OF YOU, WITH COUNSEL OF OUR CHOOSING, AND YOU SHALL REIMBURSE US FOR SUCH DEFENSE ON A CURRENT BASIS. 

Limitations of Actions.
WITHOUT LIMITING THE EFFECT OF ANY DISCLAIMER CONTAINED HEREIN, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, OTHERWISE SUCH CLAIM OR ACTION IS PERMANENTLY BARRED. 

Force Majeure.
We shall be excused from performance to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control such as health emergencies (such as pandemics), riots, insurrection, fires, floods, explosions, war, governmental action, or natural disasters.  

Termination.
Maxim Crane may terminate your use of the Services at any time and for any reason that is not a violation of applicable law upon notice to you.

Applicable Law.
These Terms of Use and your use of the Services shall be governed by the law of the Commonwealth of Pennsylvania, to the extent not preempted by federal law.