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Terms of Use

Effective: September 30, 2019

 

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN WITH "USER," "YOU" OR WITH "YOUR") AND THE MANUFACTURING ENTERPRISE SOLUTIONS ASSOCIATION (REFERENCED HEREIN AS "MESA"). YOU SHOULD READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREIN (THE OR THESE "TERMS OF USE") BECAUSE THEY GOVERN YOUR USE OF THE MESA WEBSITE LOCATED AT http://www.mesa.org ANY ASSOCIATED BLOGS, MESA SOCIAL MEDIA PAGES, ALL OTHER MESA INFORMATION, SERVICES, FUNCTIONALITY, AND/OR MATERIALS LOCATED THEREON OR AVAILABLE THEREFROM, AND ANY MOBILE VERSIONS THEREOF (COLLECTIVELY, THE "SITE"). MESA IS WILLING TO LICENSE TO YOU THE RIGHT TO USE THE SITE ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO USE THE SITE AND YOU ARE INSTRUCTED TO STOP USE OF THE SITE IMMEDIATELY.  

  1. License Grant.  Subject to your continued compliance with the express terms and conditions of these Terms of Use, MESA provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site, and download and reprint the information, writings, articles, images, videos and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") for non-commercial, non-public, personal use only. If you are browsing the Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by MESA. Any permitted reprint of the Content must be appropriately credited to its author or authors and MESA. To request permission from MESA to utilize an excerpt or reprint, use the form here and send it to hq@mesa.org. The content layout, formatting, and features of and access privileges for the Site and Content shall be as specified by MESA in its sole discretion.  You also acknowledge and agree to the following: (a) MESA has the right to control and direct the means, manner, and method by which the Site and Content is provided; (b) MESA may, from time to time engage independent contractors, consultants, or subcontractors to aid MESA in providing the Site and Content or use thereof; and (c) MESA has the right to provide the Site and Content to others.
  2. Restriction.  All rights not expressly granted under these Terms of Use are hereby reserved.  You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Site, or any portion of the Site without MESA's prior written consent.  Moreover, you may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site, the server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MESA's systems or networks or any systems or networks connected to the Site, (f) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to MESA on or through the Site, or (h) use the Site in an unlawful manner.
  3. User Obligations.  You agree to abide by all applicable local, state, national laws and regulations with respect to your use of the Site.  By downloading, accessing, or using the Site, you also represent and warrant that (a) you will at all times provide true, accurate, current, and complete information when submitting information to MESA through the Site; (b) you will at all times comply with the terms and conditions of these Terms of Use; (c) you have all necessary rights to make available any Submission (as defined below); and (d) that none of your Submissions (as defined below) will violate any right(s) of a third party including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment right.  Any breach of the foregoing representations and warranties entitles MESA to immediately terminate these Terms of Use and/or seek any and all remedies available at law or equity.  You also acknowledge and agree that use of the Internet and access to the Site are solely at your own risk.  While MESA has endeavored to offer a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed.  Further, MESA cannot, and does not, guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
  4. Proprietary Rights.These Terms of Use provide you only a limited license to access and use the Site and Content in accordance with the terms herein. Accordingly, you hereby agree that no right, title or interest in the Site or any Content is transferred to you or anyone else as a result of your use of the Site and/or Content. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of the Site and Content are exclusively owned, controlled, and/or licensed by MESA or its licensors.  THE MANUFACTURING ENTERPRISE SOLUTIONS ASSOCIATION, MESA, the MESA logo, and all other marks identifying MESA's products, events, programs, or solutions are proprietary trademarks of MESA and/or its licensors, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of MESA is hereby strictly prohibited. Except as expressly authorized by these Terms of Use, you may not use, alter, copy, distribute, transmit or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use.
  5. Links to Third Party Sites.  The Site may contain links to websites or services operated by other companies.  Although MESA has endeavored to work with or offer connections to reputable websites or services, MESA does not endorse or have any control over such websites, services, or providers.  With these Terms, you therefore acknowledge that MESA is not responsible for the content or policies of such third party websites and you understand and agree that you access and use such websites or services at your own risk.  MESA encourages you to read the policies and legal terms applicable to any third party website or service and, in particular, the third party billing, payment processing, and order fulfillment services that are accessible through such website.
  6. Registration. User Name Handling Policy. In order to become a member of MESA and access certain restricted content, you must agree to first register as a member with MESA.  To register, please visit https://services.mesa.org/Registration/Start and provide the requested information. You will be required to set and thereafter use both a user name and a password and adhere to other particular access requirements as designated by MESA.  Only one User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account.  Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential.  You also agree not to use another User's user name and password.  You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under or through your account and you agree to immediately notify MESA if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  MESA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  MESA reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these Terms of Use or the MESA Privacy Policy (as referenced below).
  7. Mobile Services.  The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device, including, without limitation, certain communication tools (collectively, "Mobile Services").  Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.  Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.  Nevertheless, all use of the Site and its Mobile Services shall be in accordance with these Terms of Use.
  8. Disclaimer of Warranties.  MESA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER, WITH RESPECT TO THE SITE OR THE CONTENT. MESA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED, OR TO BE FURNISHED VIA THE SITE. MESA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. MESA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE IS AT YOUR OWN RISK. 
  9. Limitation of Liability. You expressly absolve and release MESA from any claim of harm resulting from a cause beyond MESA's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MESA BE LIABLE FOR ANY  INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND THE CONTENT, ANY COMMUNICATIONS OR INTERACTIONS WITH THIRD PARTIES MADE BY YOUR UTILIZATION OF THE SITE OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR CONTENT, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF MESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF MESA FOR ANY REASON WHATSOEVER RELATED TO THE USE OF THE SITE AND THE CONTENT SHALL, IN NO EVENT, EXCEED $500.00.
  10. Indemnification. You agree to release, discharge, defend, indemnify and hold harmless MESA and its officers, directors, employees, agents, affiliates, third party information providers, licencors, contractors and others involved in the delivery of products, services or information through the Site (collectively, "Indemnified Parties"), arising from, in connection with, or relating to, any breach of these Terms of Use by you.  You agree that the Indemnified Parties will have no liability in connection with any such breach, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees and litigation expenses of the Indemnified Parties in connection therewith.
  11. Privacy. MESA International will be processing your personal data according to the General Data Protection Regulation (“GDPR”) and additional data protection laws. To find out more about how we use your personal data you can access our website Privacy Policy here: https://mesa.org/privacy-policy/
  12. Enforcement. You acknowledge that any breach, threatened or actual, of these Terms of Use, including, without limitation, violations or infringement of MESA's intellectual property or proprietary rights, may cause irreparable injury to MESA, whereby such injury would not be quantifiable in monetary damages, and MESA would not have an adequate remedy at law.  In the event of such injury or potential for such injury you therefore hereby agree that MESA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use.
  13. Security. Any actual or attempted use of the Site or Content by you in violation of these Terms of Use may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  MESA reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Site and Content without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Site.  MESA may share any such information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity.  MESA will also disclose such information as required by any court order and/or subpoena.  In addition, MESA hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Site or Content, or any portion thereof, in order to protect the Site, MESA' intellectual property, MESA, or the business interests of MESA and/or its members, affiliates, contributors and licensors.
  14. Submissions. Except for information related to your personal data (e.g. information provided in contact forms), any postings (collectively, "Submissions") by you through the Site including, but not limited to, the MESAknows Blog, MESA's social media pages and MESA's Google Drive site, that are received by MESA will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for MESA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on any such Submission, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

You also acknowledge that your Submissions to social media or other publicly available messaging areas are non-confidential for all purposes, and you represent that you have all rights and permission necessary to submit, display, or make available any content in your Submission.  Moreover, you agree that by using the Site you will not post or transmit any of the following materials on the Site:

  • comments that advertise or solicit business,
  • anything that is unlawful, profane, abusive, defamatory, threatening, offensive, hateful, or in any way infringes or violates the rights of others,
  • anything, which interferes with or disrupts the Site
  • anything, which is contrary to the interests of MESA and its contributors
  • anything, which may damage, lessen, or harm the goodwill or reputation of MESA, its contributors and its services,
  • anything, which violates any law or encourages anti-competitive behavior,
  • anything, which involves the impersonation of any other person or entity,
  • anything, which is inaccurate, off-topic, irrelevant, or inappropriate for the purposes of the Sites, and

MESA is not responsible for screening, policing, editing, or monitoring your or other user's Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submissions.  Moreover, and except as provided below with respect to MESA's right and ability to delete or remove a Submission (or any part thereof), MESA does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.  Nevertheless, MESA reserve the right to monitor, delete, or take other action with respect to Submissions (or parts thereof) that MESA believe in good faith violate these Terms of Use.

  1. Notice and Take-Down Procedures; Copyright Agent. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement (NOCI) to MESA by providing the following information:
  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification or description of the copyrighted work or other intellectual property that you claim has been infringed.  If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
  • Identification or description of where the material that you claim is infringing is located on the Site, with enough detail that MESA may find it on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: Manufacturing Enterprise Solutions Association, Attn: Executive Director, 107 S. Southgate Dr., Chandler, AZ 85226.

  1. Governing Law. These Terms of Use are made in and will be construed and enforced in accordance with the laws of the State of Arizona, without regard to any conflict of laws or provisions.  You agree to the personal jurisdiction by and venue in the State of Arizona and waive any objection to such jurisdiction or venue.  Any claim you might have against MESA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred
  2. Term and Termination. These Terms of Use will take effect at the time you click "I ACCEPT", download the Content or begin using the Site, whichever is earliest. These Terms of Use will terminate automatically if (a) you fail to comply with its terms and conditions; or (b) cease all use of the Site and Content.  Termination will be effective without prior notice.  In addition, MESA may in its sole discretion terminate these Terms of Use upon notice to you for any or no reason.  Upon termination of these Terms of Use, any and all right(s) to use the Site and Content shall immediately cease and you must promptly return or destroy all tangible embodiments of the Site and Content in your possession or control. The provisions concerning MESA's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of these Terms of Use for any reason.
  1. Waiver and Severability.  If any provision of these Terms of Use are held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced.  In the event any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these Terms of Use, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms of Use nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. No waiver by MESA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. General Provisions.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.  The relationship between you and MESA is and shall be that of independent contractors and nothing in these Terms of Use shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee.  You may not assign or otherwise transfer these Terms of Use or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without MESA's prior written consent.  Any attempt of assignment, delegation, or transfer in violation of these Terms of Use shall be void, of no effect, and a material breach of these Terms of Use. Notwithstanding the foregoing, MESA may assign these Terms of Use in whole or in part.  Moreover, MESA may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms of Use.  These Terms of Use and MESA's Privacy Policy https://mesa.org/privacy-policy/, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and MESA with respect to the subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MESA with respect to the Site.  Please note that MESA reserves the right to change the terms and conditions of these Terms of Use and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms or posting notice thereof to the Site.  Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to these Terms of Use or the Site.
  3. Contact Information. Questions about the Terms of Use should be sent to us at hq@mesa.org.