Minnich Manufacturing, Inc. ("Minnich" or "we") owns the website minnich-mfg.com (the "Website"). The following terms and conditions together with Minnich's Privacy Policy (collectively, "Terms and Conditions") govern access and use of the Website, including and the purchase of any products and/or services offered on or through the Website. Any and all use of the Website is conditioned upon acceptance of these Terms and Conditions, as may be revised from time to time, and, by accessing and using the Website, you (the "User" or "you") accept these Terms and Conditions and agree to be bound thereby. Users that do not agree to be bound by these Terms and Conditions may not access or use this Website.
All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the "Website Content"), and the collection, arrangement and assembly of the Website Content, is the property of Minnich and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Minnich except as follows: (i) the User’s computer may temporarily store copies of such materials in RAM incidental to accessing and viewing the Website; (ii) the User may store files that are automatically cached by the User’s web browser for display enhancement purposes; (iii) the User may print or download one copy of a reasonable number of pages of the Website for the User’s own purposes and not for further reproduction, publication, or distribution; and (iv) if Minnich provides social media features with certain content, you may take such actions as are enabled by such features.
The Website, including all Website Content, is provided as a resource for Users to learn about Minnich and its products and services. Subject to these Terms and Conditions, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own purposes. All rights not expressly granted are reserved by Minnich and its licensors. This limited license may be revoked at any time for any reason or no reason.
The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Minnich to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to Minnich’s systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden Minnich’s servers or networks, or (viii) fails to comply with applicable third party terms. Minnich reserves the right, in its sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or Minnich reasonably believes the User has engaged in or is engaging in, use that violates these Terms and Conditions. Minnich’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms and Conditions.
All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Minnich and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms and Conditions or by virtue of User’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Minnich or the applicable rights holder.
The Website may include links to external websites operated and controlled by third parties (collectively, "Third Party Sites") and, in addition, some Third Party Sites may provide links to the Website. Minnich does not control or operate these Third Party Sites. Links to and from the Third Party Sites are provided for the User’s convenience and in no way signify any endorsement by Minnich of any such websites or the content therein. ACCESS TO ANY SUCH LINKED THIRD PARTY SITE IS AT THE USER’S OWN RISK, AND MINNICH WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH THIRD PARTY SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY SITE.
Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name; the name of the company, entity, or person on whose behalf the User is accessing the Website (the "Company"); addresses; email addresses; telephone numbers; methods of payment; bank account information; credit card numbers; and billing information. To the extent that the Website permits the User to edit the User Information, the User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to Minnich and/or its agents and authorizes Minnich and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy which is incorporated herein by reference.
Minnich may create company accounts for certain Users (each, a "Company Account") that allow such Users to utilize certain features of the Website on behalf of their Company. The User acknowledges that any user name, password, or other piece of information utilized to access a Company Account, whether chosen by the User or provided by Minnich, must be treated as confidential, and that the User may not disclose the same to any other person without Company approval. The User acknowledges that the Company has authorized their use of the Company Account and agrees to only utilize the Company Account for the benefit of his or her Company, but not for the benefit of any other company, entity, or person without prior written authorization from the Company. The User agrees to notify Minnich immediately of any unauthorized access to or use of his or her Company Account, user name, password, other piece of information utilized to access a Company Account, or any other breach of security. Minnich reserves the right to disable any user name, password, or other identifier, whether chosen by User or provided by Minnich, at any time in Minnich’s sole discretion for any or no reason, including if Minnich believes the User has violated any provision of these Terms and Conditions.
Minnich may permit Users with Company Accounts to make purchases through the Website. Where a User makes such a purchase via the Website, all information obtained by Minnich from the User in the course of such purchase, including User Information, may be collected by Minnich as well as the payment processing companies utilized for such purchases. Minnich collects and utilizes that information in conformity with its Privacy Policy, which is part of these Terms and Conditions. Payment processing companies may have privacy and data collection practices that are different from those utilized by Minnich. Minnich has no responsibility or liability for the independent policies of the payment processing companies. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of the payment processing company. The User hereby releases Minnich and its payment processing company from any damages incurred by the User. Moreover, the User agrees not to assert against Minnich or its payment processing company any claims arising from the User’s purchase via the Website.
Minnich attempts to be as accurate as possible regarding category descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website, Minnich does not warrant that category descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to category descriptions, pricing, and availability. Minnich reserves the right to make changes in information about price, description, or availability without notice. Minnich reserves the right, without prior notice, to limit the order quantity on any category and/or refuse service to any customer, regardless of whether a customer has a Company Account. Minnich has made every effort to display as accurately as possible its products that appear on the Website; however, the actual image you will see will depend on many factors, including your computer and resolution, and we cannot guarantee that your computer will accurately display our images. The inclusion of any products on this Website does not imply or warrant that these products will be available at any particular time. WITH RESPECT TO PRODUCTS AND SERVICES IDENTIFIED ON THIS WEBSITE, MINNICH'S EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT OR SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms and Conditions and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. In any event, the User affirms that the User is at least 13 years of age, as the Website is not intended for children under the age of 13. Minnich provides the Website for use in the United States of America. Minnich does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.
MINNICH AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE CONTENT OR REPRESENT THAT THE WEBSITE OR THE WEBSITE CONTENT IS ERROR-FREE, VIRUS-FREE, FREE OF DESTRUCTIVE CODE, OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE IS PROVIDED “AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. MINNICH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER PROPERTY DUE TO USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MINNICH AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, MINNICH VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINNICH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Upon request by Minnich, the User agrees to indemnify, defend and hold harmless Minnich and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website; or (ii) the User’s violation of these Terms and Conditions. Minnich reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User in which event the User will cooperate with Minnich in asserting any available defenses.
At any time and without notice to the User, Minnich may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Minnich reserves the right to change these Terms and Conditions at any time, and in its sole discretion, by changing these Terms and Conditions within the Website. The User’s continued use of the Website after any such changes to these Terms and Conditions are made available through the Website will constitute the User’s acceptance of those changes. These Terms and Conditions shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
These Terms and Conditions are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Richland County, Ohio, USA for purposes of any legal action arising out of or related to these Terms and Conditions or use of the Website.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the below "Legal Notice for New Jersey Residents" section.
Minnich does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Minnich will remove certain Website Content if properly notified that such Website Content infringes on another's intellectual property rights. Minnich reserves the right to remove such Website Content without prior notice. If you are a copyright owner or an agent thereof and believe that any Website Content infringes upon your copyrights, you may notify Minnich by providing the following information in writing:
You may direct copyright infringement notifications to Minnich’s DMCA Agent at dmca@minnich-mfg.com. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Our agent for notice of claims of copyright infringement on the Website may be reached as follows:
Attn: DMCA Agent Minnich Manufacturing, Inc. 1444 State Route 42 Mansfield, OH 44903 By Email: copyright@minnich-mfg.com
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT ("TCCWNA"), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: (1) in the Links section, the provision concerning limiting Minnich's liability for any loss or damage is not applicable to New Jersey residents to the extent Minnich was negligent or has breached its obligation; (2) in the Online Commerce section, (a) the provision concerning limiting Minnich's liability for any loss or damage is not applicable to New Jersey residents to the extent Minnich was negligent or has breached its obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (3) in the Minnich Products and Services section, the provision concerning limiting Minnich's liability for any loss or damage is not applicable to New Jersey residents to the extent Minnich was negligent or has breached its obligation to you; (4) in the Disclaimers section, the provision concerning limiting Minnich's liability for any loss or damage is not applicable to New Jersey residents to the extent Minnich was negligent or has breached its obligation to you; (5) in the Limitation of Liability section, the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (6) in the Indemnity section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions.
Any questions regarding the Website of these Terms and Conditions may be directed to: support@minnich-mfg.com. Effective as of December 10, 2017.