TERMS AND CONDITIONS
PLEASE READ CAREFULLY. This page sets forth the Terms and Conditions ("Terms") under which MTS System Corporation and its subsidiaries ( collectively “MTS”) provide information on this MTS Web site (“Site”) as well as the terms and conditions governing your access to and use of this Site. Some content accessible through this site is subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions will prevail. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THIS SITE.
GENERAL. All information on this Site, including but not limited to graphics, text, links to other sites, is provided “as is” and “as available” and may be changed without notice. MTS does not warrant the contents, quality, condition or accuracy, adequacy or completeness of the information of this Site. Information on this Site may contain technical inaccuracies or typographical or other types of errors. MTS may also make improvements or changes in the products or programs described on this Site at any time without notice. You acknowledge that your use of any information available through this site is at your own risk.
WARRANTY DISCLAIMER. MTS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE OR YOUR USE THEREOF TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. MTS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
LIMITATION OF LIABILITY. IN NO EVENT WILL MTS BE LIABLE TO ANY PARTY, WHETHER IN CONTRACT, TORT, STRICT LIALIBTY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HYPERTEXT LINKS TO THIRD PARTY SITES. There are links on this Site that will permit you to travel to other, third-party sites over which MTS has no control. These links are provided for your convenience only and your use of them is at your own risk. MTS makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the Web sites that you may access through this Site. MTS does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
DOWNLOADABLE SOFTWARE. There are inherent dangers in the use of any software available for downloading on the Internet, and MTS cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
PASSWORD AND USER NAME. MTS cannot guarantee that information transmitted through the Internet is secure for certain types of communications through this web site. Access to some content accessible from this Site is password controlled. By registering for an account, a password and the right to use this site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password controlled content) and that all information provided in the registration process is accurate and correct. You further certify that any purchase orders placed by you are with the full authority to bind your company and any information provided by you in using any of the services accessible through this site is true and accurate. Your user name and password are unique to you or your company. You are solely responsible for maintaining the confidentiality of your user name, password and access to your account. You are solely responsible for all activities that occur under your user name and password. You agree to notify MTS immediately of any unauthorized use of your user name, password or account or any other breach of security. MTS will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. But you may be held liable for losses incurred by MTS as a result of the misuse of your user name, password or account.
EMAIL FROM MTS. MTS may from time to time send you email. You acknowledge that such emails are sent with your consent and permission.
JURISDICTION, EXPORT AND GOVERNING LAW. This Site is maintained, controlled and operated by MTS from within the United States of America (U.S.). MTS makes no representation that materials at this site are appropriate for use at locations outside of the U.S. and access to this Site from all countries is legal. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws.
You may not use this Site or export information or products available on this site in violation of U.S. export laws and regulations. MTS products are controlled for export and end-use by the U.S. government.
The use of this site, its content and these Terms is governed by the laws of the State of Minnesota, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, its content or these Terms must be brought in Minneapolis, Minnesota and must be brought within one year after the claim or cause of action arises or it is barred. By using this site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Minneapolis, Minnesota.
COPYRIGHT AND TRADEMARK. All of the information on this Site, including all text, graphics, software applications, vides and audio files and photos (collectively “Material”) and all rights in the pages and screens displaying the pages are owned by MTS or affiliated entities or their licensors, and is protected by copyright under United States and foreign laws. Except as stated in this paragraph, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MTS or the copyright owner. You may create a text line to the home page of this Site at www.mts.com for legitimate business reasons on the condition that it is clear that to the users that they are exiting your site and entering a new site, you do not frame or in-line the MTS Site or its Content and you do not create a false association or endorsement or otherwise misrepresent your relationship with MTS. In so doing, you will not modify any Site Materials and that you retain all copyright and other proprietary notices contained in these Materials. This permitted use may terminate automatically by MTS without notice. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
CONFIDENTIAL INFORMATION. You may be given access to MTS confidential information through this Site or links from this Site. You may not disclose MTS confidential information to any third party without the written consent of MTS. You must protect MTS confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. MTS confidential information includes, but is not limited to - all non-public information regarding MTS, its intellectual property or its products, quantity and prices of products purchased, design, specifications, techniques and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to MTS. You may enter into separate non-disclosure agreements with MTS governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the access to and use of the Site. MTS's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. MTS may revise these Terms at any time by updating this posting. Your continued use of this Site after the posting of any changes to these Terms constitutes your acceptance of those changes.