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Terms of Use

Use of the MPAU website and its services are subject to the following Terms of Use Agreement (“TOU”). MPAU reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.

DESCRIPTION OF SERVICES

MPAU provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, etc.  The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

USE OF CONTENT

Use of MPAU content (documents, graphics, logos, blog content, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by MPAU.  Elements of MPAU website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.  Content other than that belonging to MPAU is licensed or otherwise published by MPAU with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

LIMITS OF LIABILITY

MPAU makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall MPAU, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

EXTERNAL LINKS

Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by MPAU as a convenience to its users. MPAU is not responsible for the materials contained at any website linked to this site.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any MPAU website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any MPAU server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

NEWS/BULLETIN

Services may contain forums, surveys, calendars, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and materials that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

– 1. Use Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

– 2. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

– 3. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

– 4. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

– 5. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

– 6. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

– 7. Restrict or inhibit any other user from using and enjoying Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.

– 8. Violate any applicable laws or regulations.
– 9. Create a false identity for the purpose of misleading others.
– 10. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of Services or other user or usage information or any portion thereof.

MPAU reserves the right to review materials posted to the News/Classifieds and to remove any materials at its sole discretion. MPAU reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information in any Services. MPAU does not control or endorse the content, messages or information found in any Services and, therefore, MPAU specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.

OTHER BUSINESSES AND LINKS TO OTHER SITES

MPAU may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by MPAU of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. MPAU is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services,

offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use. MPAU has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE MPAU, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH MPAU, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY MPAU ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPAU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPAU SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. MPAU DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF MPAU’S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPAU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MPAU MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM MPAU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPAU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH MPAU’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold MPAU, its subsidiaries, affiliates, co-brand partners, and other parties with which MPAU is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and/or resulting from any and all content you submit to MPAU and/or the Site. MPAU shall provide notice to you of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of Utah, without regard to principles of conflicts or choice of law.

GENERAL

If any provision of these Terms of Use is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by MPAU, in our sole discretion, to a third party. You may not assign your obligations to any other entity.