Legal/Terms
of UseBy accessing this web site you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you may not access or use this web site.
AGREEMENT BETWEEN USER AND MATTINGLY PRODUCTIONS, LTD.
1. Restrictions on Use. This Web Site is offered to you conditioned upon your acceptance without modification of all terms, conditions, and notices contained herein (the "Agreement"). Your use of this web site constitutes your agreement to all such terms, conditions and notices as set forth below and in this Agreement.
2. Modification of Terms of Use. Mattingly Productions, Ltd. reserves the right to alter the terms, conditions, and notices under which this web site is offered at any time without prior notice, including but not limited to any changes related to the use of the Web Site. You are responsible for regularly reviewing these terms and conditions.
3. Personal and Non-commercial Use Limitation. Unless otherwise specified, this website and all information contained therein are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, documentation, software, products or services obtained from this website. You may download information and documentation for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and proprietary notices.
4. DISCLAIMER.
THE MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES OR ADDITIONS ARE MADE PERIODICALLY TO THE INFORMATION HEREIN. MATTINGLY PRODUCTIONS, LTD. DOES NOT WARRANT AND ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS, OPINIOIN, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION OF ANY KIND SHALL BE AT YOUR SOLE RISK. MATTNGLY PRODUCTIONS, LTD. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. MATTNGLY PRODUCTIONS, LTD MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MATTINGLYL PRODUCTIONS, LTD. PROVIDES NO ASSURANCES THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF THE INFORMATION PROVIDED ON THE SITE. BY FURNISHING INFORMATION MATTINGLY PRODCUCTIONS, LTD DOES NOT GRANT ANY LICENSES TO ANY COPYRIGHTS, TRADEMARKS, PATENTS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS. MATTINGLY PRODUCITONS, LTD. OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE AGREEMENTS UNDER WHICH THEY ARE PROVIDED.IN NO EVENT SHALL MATTINGLY PRODUCTIONS, LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION BUSINESS INTERRUPTION, ANY LOST PROFITS, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF MATTINGLY PRODUCTIONS, LTD. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
5. Links to Third Party Sites. This website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mattingly Productions, Ltd.. and Mattingly Productions, Ltd.. is not responsible for the contents of any Linked Site, or without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mattingly Productions, Ltd.. is not responsible for webcasting or any other form of transmission received from any Linked Site. Mattingly Productions, Ltd. is providing these links to you only as a convenience, and the inclusion of any link does not indicate an endorsement by Mattingly Productions, Ltd.. of the site or any association with its operators.
6. No Unlawful or Prohibited Use. As a condition of your use of this website you warrant to Mattingly Productions, Ltd. that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
7. Termination/Access Restriction. Mattingly Productions, Ltd. reserves the right, in its sole discretion, to terminate your access to this website, the related services or any portion thereof at any time, without notice.
8. Copyright, Patent and Trademark Notices. All contents of this website are owned and copyrighted by Mattingly Productions, Ltd. Copyright 2004 Mattingly Productions, Ltd. PO Box 761, 154 Steamboat Raod, Irvington, VA 22480, U.S.A. All rights reserved. Material found on this website contains the valuable properties and trade secrets of Mattingly Productions, Ltd., embodying substantial creative efforts and confidential information, ideas, and expressions, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval without the express written permission of Mattingly Productions, Ltd.
9. User representations. You represent and warrant that you are at least 18 years of age and that you possess the legal ability to enter into this Agreement and to use this website in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for your use of the website and for the use of any account by others, including minors living with you and to comply with your responsibilities and obligations as stated in this Agreement. If you have agreed to allow your minor child, or a person for whom you are the legal guardian (a "Minor") to use or register as a member of the this website services, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor, (b) the monitoring of such Minor's access to and use of this website; and (c) the consequences of such use by such Minor.
10. Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER MATTINGLY PRODUCTIONS, LTD. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR INFORMATION PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MATTINGLY PRODUCTIONS, LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MATTINGLY PRODUCTIONS, LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
11. General. The laws of the State of Virginia, U.S.A, govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of the courts of Lancaster County, Virginia in all disputes arising from or relating to the use of this website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including the limitations in this paragraph. Any cause of action you may have with respect to Mattingly Productions, Ltd. must be commenced within one year after the claim or cause or action arises. Mattingly Productions, Ltd. s failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or right. Neither the course of conduct between the parties nor any trade practice shall alter any provision of this Agreement. Mattingly Productions, Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you. You agree that no joint venture, partnership, employment or agency relationship exists between you and Mattingly Productions, Ltd.. as a result of this Agreement or use of this website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between Mattingly Productions, Ltd. and the user with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained.
12. Notice. Mattingly Productions, Ltd. may deliver notice to you under this Agreement by means of electronic mail, a general notice via this website, or by written communication delivered by first class mail to your address on record in Mattingly Productions, Ltd. account information.
13. Information from User. Mattingly Productions, Ltd. does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to Mattingly Productions, Ltd. through the website will be deemed to be NOT confidential. All confidential information should be sent to Mattingly Productions, Ltd.