Terms of Use

Welcome to MPXonline.com, an online information and order processing service provided by MPX. These Terms and Conditions of Use ("Terms of Use") govern your use of the MPXonline.com, including any content, functionality, and services offered on or through the MPXonline.com (collectively, the "Website"), whether as a guest or registered user. MPX ("MPX," "we," "our," or "us") owns and operates the Website.

You should also review the Website's Privacy Policy. The Privacy Policy explains our information collection practices, such as the types of information we collect regarding visitors to the Website and how we may use that information. Additionally, you should review our Terms of Sale. The Terms of Sale govern your purchase of any materials, services or products utilizing or through the Website.

Please read these Terms of Use carefully before accessing or using the Website. These Terms of Use contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY AND THE E-COMMERCE TERMS OF SALE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE, THE PRIVACY POLICY AND THE E-COMMERCE TERMS OF SALE DO NOT USE THIS WEBSITE. By use of the Website, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and you agree to abide by and comply with these Terms of Use.

Account Information and Registration. In order to have access to certain services on the Website you may be required, or provided with the option, to create an MPXonline.com account ("Account"). Whenever an Account is required to access functionality or services on the Website, you may not share your Account with, or use the Account of, another individual.

When creating an Account, you agree to provide accurate, current and complete information about yourself ("Registration Information") as prompted by our account registration form. Registration Information may include, among other information, your name, address, telephone number, e-mail address, username, password, date of birth, and credit card information. You also represent that we may rely on your Registration Information and you agree to maintain and update your Registration Information to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to discontinue any requested process and/or to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Information.

With respect to any username that you create as part of the registration process, we may refuse to grant you the use of a username that, in our sole and absolute discretion, we deem to be inappropriate. Inappropriate usernames include, but are not limited to, usernames that are fashioned to impersonate another person, protected by copyright, trademark or other proprietary rights, vulgar or otherwise offensive, as well as those that may cause confusion or that are already in use. These are only some examples of inappropriate usernames and we reserve the right, at our own discretion, to deem any username invalid or inappropriate.

You are responsible for maintaining the confidentiality of your username and password, for restricting access to your Account, and for any and all transactions, communications, and other activities that are conducted through your Account on the Website. You agree not to transfer, assign or sell your username and/or password, or otherwise provide access to the Website, through the disclosure and use of your username and password, to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password and contact us.

Use of Third Party Information and Websites. This Website may contain links that you may use to access certain third-party websites. Such websites are not under our control, and we make no representations or warranties, express or implied, as to the accuracy of any of the information or material located on the other websites. The inclusion of a link to another website does not imply any recommendation or endorsement of, or affiliation with, the other website. When you leave MPXonline.com and visit another website, we encourage you to first read the terms and conditions and the privacy policy of the new website, as your use of that website will be subject to the terms and policies applicable to it.

Changes in Prices and Information. We reserve the right to add, change, modify, suspend or discontinue any portion of the Website, or the products or services offered by MPX, at any time. Prices and specifications for any products or services located on the Website are subject to change by MPX without notice. Product descriptions may be provided by the manufacturer of the item and MPX does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. Typographic, photographic, and descriptive errors are subject to correction and we will not be liable for any errors or omissions. All prices on the Website are quoted in U.S. Dollars.

Comments and Submissions. You may submit comments and feedback by e-mail and through the Website's Contact Us feature. From time to time the Website may provide other functionality to give you a means to express to us your opinions or share information, ideas, materials, photographs, and other content generated by you (each, together with any electronically submitted comments and feedback, a "User Submission"). You agree that you are solely responsible for any User Submission that you submit through the Website or directly to MPX (including by e-mail). You warrant to MPX that you own or otherwise control all rights necessary to provide each such User Submission made by you, and you covenant that, with respect to each such User Submission, (a) it will not contain your confidential information or any confidential information belonging to another; (b) it is accurate and will not cause injury to any person or entity; (c) you shall have all necessary rights and permission to make such submission; and (d) it does not infringe upon or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights. You agree to indemnify MPX for all claims resulting from any User Submission you supply. MPX has the right, but not the obligation, to monitor and edit or remove any User Submission at our absolute discretion. MPX takes no responsibility and assumes no liability for any User Submission supplied by you or any third party.

By making any User Submission (including by e-mail) you waive any claim or requirement that we maintain the User Submission in confidence or compensate you in any way for our use of all or any part of the User Submission. Furthermore, you grant to MPX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, broadcast, translate, create derivative works from, distribute, display and otherwise exercise all rights in and to such submission, through the Website or otherwise, in any form, media, or technology now known or later developed, and, to the fullest extent permitted by law, you waive your moral rights in such User Submission.

Proprietary Rights to Website Content. The use of the Website by you confers no license, express or implied, under any patents, copyrights, know-how, or technology. The content of the Website consists of (a) textual information, articles, opinions, directories, guides, and other text, graphics, photographs, illustrations, images, video and audio clips, music, advertising and promotional materials, data compilations, software, designs, button icons, and the graphical and non-graphical user interface of the Website, all of which are protected by U.S. and international copyright laws and are the property of MPX or its content suppliers; (b) trademarks, logos, trade names, service marks, trade identities, and the domain names and URLs associated therewith, whether registered or unregistered (collectively the "Trademarks"), all of which are owned by MPX or its content suppliers; and (c) other forms of intellectual property (all of the foregoing collectively and individually are referred to as "Website Content"). The compilation of all Website Content included in or made available through the Website is the exclusive property of MPX and protected by U.S. and international copyright laws. The Trademarks may not be used in connection with any product or service by you in a manner that is likely to cause confusion in the marketplace, nor may the Trademarks be used in any manner that disparages or discredits MPX. All Trademarks not owned by MPX that appear in the Website Content are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MPX. You do not acquire any ownership rights in any Website Content by using the Website or by virtue of downloading, printing, or using Website Content.

Use of the Website. You agree to use the Website only for lawful purposes and in a manner consistent with all local, state, national, and international laws, statutes, and regulations applicable to your use of the Website. Subject to your compliance with these Terms of Use, MPX or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to use of the Website and all of the Website Content, and you may download or copy of Website Content only for such limited purposes. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Website Content, except as may be expressly authorized by MPX in writing. MPX reserves the right to monitor the Website for conduct in violation of these Terms of Use and specifically disclaims all responsibility or liability for its acts or omissions in doing so.

While using the Website, you agree that you will not (a) attempt to breach the security or authentication measures of any portion of the Website; (b) circumvent any technical measures we use to provide any feature or functionality of the Website; (c) access Website Content or log into a server that you are not authorized to access; (d) attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to interfere with or disrupt the Website or the servers or networks that support the Website; (f) interfere with any other user's ability to access or use the Website, including, without limitation, by means of hacking or defacing any portion of the Website; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program or technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website, or the interests or property of any user of or content supplier to the Website; (h) log into an Account that you are not authorized to access; (i) impersonate any person or entity, misrepresent your affiliation with any person or entity, or use any means to disguise the origin of any User Submissions to us or through the Website; (j) state or imply that we endorse any statement made by you; (k) submit through the Website or directly to MPX anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful, intimidating, defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene, indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred, terrorism or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (l) use any site search/retrieval application, robot, spider, or other manual or automatic device or process intended to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (m) use the Website in any way that would adversely affect MPX or reflect negatively on MPX goodwill, name or reputation; (n) "frame" or "mirror" or utilize any framing

techniques to enclose any part of the Website Content; (o) use metatags, code or any "hidden text" or devices containing any reference to MPX or the Website, or utilizing the Trademarks, in order to direct any person to any other website for any purpose; (p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website; or (q) assist others to do any of the foregoing.

Indemnification. You agree to defend, indemnify and hold MPX and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your breach of these Terms of Use by you or someone acting under your control.

Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT PERMISSABLE BY APPLICABLE LAW, MPX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, MPX disclaims any and all warranties, express or implied, for any merchandise offered on this site. The foregoing does not serve to disclaim any express warranty made by MPX pursuant to the Website's Terms of Sale to the extent such warranty is applicable to a particular purchase transaction arranged through the Website.

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. MPX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. Under no circumstances, shall MPX or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, special, incidental and consequential damages arising out of or in connection with the use of or inability to use the Website. If you are dissatisfied with the Website or any Website Content, or with the Terms of Use, by use of the Website you agree that your sole and exclusive remedy is to discontinue using the Website.

Some jurisdictions may not allow the exclusion of implied or other warranties, or the limitation on liability described above, so the above exclusions and limitation on liability may not apply to you. IF ANY SUCH EXCLUSIONS OR LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MPX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCTS, SERVICES OR PORTION OF THE PRODUCTS OR SERVICES PROVIDED BY MPX GIVING RISE TO YOUR CLAIM OR CAUSE OF ACTION, AND YOU SHALL INDEMNIFY MPX FOR ANY COSTS, EXPENSES OR DAMAGES INCURRED BY MPX IN EXCESS THEREOF.

Notice and Procedure for Making Complaints Regarding Website Content. If you are a copyright owner and believe that any User Submission or Website Content infringes upon your copyrights, you may submit a notification to our Copyright Agent of your claims of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). To comply with the DMCA, please provide the following information with your notice:

(a) The name of the owner of the exclusive right that is allegedly infringed, along with the name, address, telephone number, e-mail address, and a physical or electronic signature of a person authorized to act on behalf of the owner;

(b) A description of the exclusive right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MPX to locate the material, such as the URL or a description of where the alleged infringing material is located on the Website;

(d) A statement by the person authorized to act on behalf of the owner that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the owner of the exclusive right, its agent, or the law; and

(e) A statement by the person authorized to act on behalf of the owner that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

MPX's Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be reached as follows:

By U.S. Postal Service:
MPX
Attention: Legal Department
2301 Congress Street
Portland, Maine 04102

By electronic mail:

compliance@mpxonline.com

Electronic Communication. You acknowledge that when you use this Website or send e-mails, text messages, and other communications to MPX, you are communicating with MPX electronically. You consent to receive communications from MPX electronically. You agree that all agreements, notices, disclosures, and other communications that MPX provides to you electronically satisfy any legal requirement that such communications be in writing.

Enforcement and Termination. MPX reserves the right to use any technological, legal, operational, or other means available to enforce the terms and provisions of these Terms of Use, including without limitation, blocking specific IP addresses or access to this Website using your e-mail address, user name or password. If you have an Account you may discontinue your use of your Account at any time; provided, however, that if you have utilized the Website to place an order for the purchase of any products or services you are responsible for any agreements you have made with respect to such purchase. We may terminate your Account or use of the Website at any time and may do so immediately, without notice, if you fail to comply with any term or provision of these Terms of Use as determined by MPX in its sole discretion.

Governing Law. You agree that these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Maine, without regard to principles of conflicts of law. By your use of the Website you consent to the personal jurisdiction of the state and federal courts located in Maine for adjudication of any claim or dispute related to these terms or to products or services sold by MPX. You further agree that the state or federal courts in Maine will be the exclusive venue for adjudication of any such claim or dispute.

Modifications of these Terms and the Agreement. MPX reserves the right, at any time and for any reason in its sole discretion, to change, modify, or amend these Terms or Use. Any such change, modification or amendment will be posted on the Website, and will specify its effective date. Therefore, you should review these Terms of Use prior to using the Website. Your use of the Website after these Terms of Use are changed, modified or amended by MPX will signify your agreement to be bound by such changed, modified or amended Terms of Use.

Other Terms. All rights and remedies of MPX in these Terms of Use are in addition to, and not lieu of, any rights or remedies that MPX may have at law or in equity. These Terms of Use supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. No change, modification, rescission, discharge, abandonment, or waiver of these Terms of Use shall be binding upon MPX unless made in writing and signed on its behalf by its duly authorized representative. No conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify, vary, explain, or supplement these Terms of Use shall be binding unless hereafter made in writing and signed by MPX duly authorized representative. All typographical or clerical errors made by MPX in any quotation, acknowledgment or publication are subject to correction. These Terms of Use shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not be interpreted against any one party.

These Terms of Use, together with the Privacy Policy and the Terms of Sale, constitute the entire understanding and agreement between you and MPX relating to the Website, your use of the Website and products and services provided through the Website, and these Terms of Use supersede any and all prior or inconsistent understandings.

If you have questions about these Terms of Use you may contact us by visiting Contact Us or at:

MPX
2301 Congress Street
Portland, Maine 04102