TERMS OF SERVICE AGREEMENT
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with MCW Certified Welding & Fabrication, also known as MCW Certified Welding, located at 12490 County Rd.5, Delta, Ohio 43515 and our subsidiaries and affiliates, in association with the use of the MCW Certified Welding website, which includes https://mcwcertifiedwelding.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a questionnaire website an e-commerce which has the following description:
Our website is here to inform prospective business owners who are in need of custom welding and metal fabrication of the services in which we specialize and can provide to their companies, company, or referred friends and corporations.
We are AWS Certified, Tested, and Approved in the various areas of welding & metal fabrication that includes:
•GTAW (TIG) Welding
•GMAW (MIG) Welding
•SMAW (ARC) Welding
Our sole company purpose is to provide the best welding service to our clients each and every time that we are contracted for a project, repairs and or prototypes.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of MCW Certified Welding & Fabrication. At its discretion, MCW Certified Welding & Fabrication may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. MCW Certified Welding & Fabrication does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that MCW Certified Welding & Fabrication shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such MCW Certified Welding & Fabrication shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
MCW Certified Welding & Fabrication shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for MCW Certified Welding & Fabrication the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Those areas which may be deemed “publicly accessible” areas ofMCW Certified Welding & Fabrication’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
MCW Certified Welding & Fabrication provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:
All users herein agree to insure and hold MCW Certified Welding & Fabrication, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of MCW Certified Welding Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to MCW Certified Welding’s sites.
MCW Certified Welding & Fabrication shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that MCW Certified Welding & Fabrication shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either MCW Certified Welding & Fabrication or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that MCW Certified Welding & Fabrication shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that MCW Certified Welding & Fabrication’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by MCW Certified Welding & Fabrication or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on MCW Certified Welding & Fabrication Services (e.g. Content or Software), in whole or part.
MCW Certified Welding & Fabrication herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by MCW Certified Welding & Fabrication for use in accessing our Services.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
MCW Certified Welding & Fabrication may furnish you with notices, including those with regards
to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the MCW Certified Welding &
Fabrication trademarks, copyright, trade name, service marks, and other
MCW Certified Welding
& Fabrication logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of MCW Certified Welding & Fabrication. You
herein agree not to display and/or use in any manner the MCW Certified Welding & Fabrication
logo or marks without obtaining MCW Certified Welding & Fabrication’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
MCW Certified Welding & Fabrication will always respect the intellectual property of others, and
we ask that all of our users do the same. With regards to appropriate circumstances and at its
sole discretion, MCW Certified Welding & Fabrication may disable and/or terminate the accounts
of any user who violates our TOS and/or infringes the rights of others. If you feel that your work
has been duplicated in such a way that would constitute copyright infringement, or if you believe
your intellectual property rights have been otherwise violated, you should provide to us the
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
T h e MCW Certified Welding & Fabrication Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
MCW Certified Welding & Fabrication
Attn: Copyright Agent
12490 County Rd.5
Delta, Ohio 43515
Telephone: 1 419-574-1792
BE IT KNOWN, that MCW Certified Welding & Fabrication complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at https://mcwcertifiedwelding.com.
This TOS constitutes the entire agreement between you and
MCW Certified Welding &
Fabrication and shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to MCW Certified Welding & Fabrication Services. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain
other MCW Certified Welding & Fabrication Services, affiliate Services, third-party content or
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
MCW Certified Welding & Fabrication with regard to
the TOS that the relationship between the parties shall be governed by the laws of the state of
Ohio without regard to its conflict of law provisions and that any and
all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship between you and MCW
Certified Welding & Fabrication, shall be filed within the courts having jurisdiction within the
County of Fulton, Ohio or the U.S. District Court located in said state. You and
Welding & Fabrication agree to submit to the jurisdiction of the courts as previously mentioned,
and agree to waive any and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should MCW Certified Welding & Fabrication fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS 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 TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
2 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to MCW Certified Welding & Fabrication as
MCW Certified Welding & Fabrication
12490 County Rd.5
Delta, Ohio 43515
Telephone: 1 419-574-1792