December 20th, 2018
The Web Site, as defined below is maintained and managed by Mayev Express LLC®
You shall defend, indemnify and hold Mayev Express, its subsidiaries and other affiliated companies, their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against all loss, liability, damage, and claim of every kind, fine, cost or expense, including attorney’s fees, costs of suit, settlements, judgments, and all other expenses arising in violation of these Term of Use by You.
In addition, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing any information from or through the Site. You shall not use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
You may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Mayev Express or any other third party, or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
When you upload and/or download information to or from the Web Site, such content uploads and downloads will be communicated using commercially reasonable security procedures and processes. However, Mayev Express cannot and will not guarantee that: (a) the content, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to Your account will be uninterrupted; or (c) the commercially reasonable security procedures and processes cannot be breached.
Regarding Your user id and password, You expressly agree (i) to maintain the security of Your users id, password, and other confidential information relating to Your account and/or the accounts which you have been granted access; (ii) to notify Mayev Express as soon as reasonably practicable of any real or suspected unauthorized use of the users account; (iii) to notify Mayev Express when You no longer require the use of Your user id and password; and (iv) to comply with instructions provided by Mayev Express for using, maintaining, or correcting Your account. It is Your responsibility to ensure that no unauthorized person shall have access to Your user id and password.
It is Your sole responsibility to control access to and use of Your user account, and promptly inform Mayev Express of any need to deactivate or change Your user id and/or password. Mayev Express cannot and will not assume any responsibility or liability for any content submitted to Your account or any content that is used or misused whether submitted, used, or misused by You, Your designees, and/or other third parties. All Your acts and omissions and those of unauthorized users who access the Web Site via Your user id and password shall be deemed to be Your acts and omissions.
To access some of the services the Site has to offer, you may be asked to provide registration details. It is a condition of use of the Site that all the details you provide be correct, current and complete. To the extent that an individual account is established, it will be your responsibility to maintain the confidentiality of such information, including any username or password information.
Mayev Express makes no representations whatsoever about any other web sites which You may access through this Web Site. When You access a non-Mayev Express web site through this Web Site, please understand that it is independent from Mayev Express, and that Mayev Express has no control over the content on that web site. In addition, a link to a non-Mayev Express Web site does not mean that Mayev Express endorses or accepts any responsibility for the content, or the use, of such web site. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Mayev Express DOES NOT WARRANT THAT THE WEB SITE IS ERROR-FREE OR THAT THE WEB SITE WILL BE PROVIDED. MATERIALS FOUND WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR OTHER ERRORS. ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Mayev Express DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the disclaimer of implied warranties, so these limitations may not apply; however, they SHALL apply to the greatest extent permitted by law.
Mayev Express WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (SUCH DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, LOST DATA, AND/OR COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES) HOWEVER ARISING, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE Mayev Express SHALL HAVE NO LIABILITY TO YOU FOR ANY CLAIM BROUGHT AGAINST YOU BY A THIRD PARTY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IF Mayev Express IS RESPONSIBLE FOR ANY DAMAGES, THE MAXIMUM AMOUNT YOU MAY RECOVER FOR ANY AND ALL CLAIMS RELATING TO THIS YOUR USE OF THE WEB SITE SHALL NOT EXCEED TWO HUNDRED DOLLARS ($200). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so these exclusions may not apply; however, they shall apply to the greatest extent permitted by law.
These Term of Use shall be deemed executed in the State of Missouri and shall be interpreted, construed and enforced, in the event of a dispute arising hereunder, under the laws of the State of Missouri to the extent state law may apply. In the event a dispute arises concerning the terms, conditions, or performance under this Agreement, the parties agree that forum and venue shall be exclusive in (a) the Circuit Court of Jasper County, Missouri, at Carthage, Missouri, or (b) the United States District Court for the Western District of Missouri, Southwestern Division.