Terms of
Use Statement
For http://Dealer.MahindraMerchandise.com
This Terms of Use Statement applies only to the Web site at http://Dealer.MahindraMerchandise.com. This
site is owned and operated by Unified Resources, Inc. (Unified) on behalf of Mahindra
USA, Inc. (Mahindra) and
should not be confused with any other Web site whether or not the word Mahindra appears
as part of the domain name or branding.
1) Site Security
You are
prohibited from violating, or attempting to violate, the security of this site.
Any such violations may result in criminal and/or civil penalties against you.
We will investigate any alleged or suspected violations and if a criminal
violation is suspected, we will cooperate with law enforcement agencies in
their investigations. Violations of the security of the site include without
limitation:
·
logging into or attempting to log into a server or account that
you are not authorized to access;
·
accessing data or taking any action to obtain data, information or
services not intended for you or your use;
·
attempting to probe, scan or test the vulnerability of any system
or network;
·
tampering, hacking, modifying or otherwise corrupting or breaching
security or authentication measures;
·
transmitting material that contains viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files or other computer programming routines
or engines or engage in conduct that could damage, disrupt or otherwise impair
or interfere with a computer's functionality or the operation of the site.
2) Other Prohibited Activity
In using
this site, you must not:
·
post, send or otherwise transmit to or through the site any
unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar,
sexually explicit, hateful or otherwise objectionable material of any kind, any
material that exploits children or is invasive of or in breach of another
person's privacy or other rights or any material that Mahindra in its
sole discretion does not wish posted or transmitted on the site;
·
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others;
·
upload or otherwise make available, files that contain images,
software or other material protected by intellectual property laws, including
without limitation copyright or trademark laws and rights of publicity and
privacy unless you own or control the rights thereto or have received all
necessary authorizations to do the same;
·
misrepresent your identity or affiliation in any way;
·
engage in deceptive online marketing;
·
violate any applicable laws or regulations; or
·
assist or permit any persons in engaging in any of the activities
described above.
3) User Submissions
You must
exercise caution, good sense and sound judgment in using the site. You are
responsible for any material you place on or transmit to or through the site.
You agree, represent and warrant that any information you post to or transmit
through the site is truthful, accurate, not misleading and offered in good
faith, and that you have the right to post or transmit such information. Such
information (including without limitation, data, text, software, graphics or
any other materials whatsoever), whether publicly posted or privately
transmitted, is your sole responsibility.
4) Unsolicited Ideas
Unified
nor Mahindra does not
accept or consider unsolicited ideas, including ideas for new promotions,
products, technologies, or processes. You must not transmit any material to or
through this site that you consider to be confidential or proprietary. Any
material that you transmit to or through this site will be considered
non-confidential and non- proprietary. This policy serves to avoid potential
misunderstandings or disputes regarding ownership of ideas. Except as expressly
provided in the Privacy Statement or separate written agreement between you and
Mahindra, you
give Mahindra an
unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transit and distribute such information. You further
agree that Mahindra has the
right to use, without any payment or accounting to you or others, any concepts,
know-how or ideas that you (and those who act on your behalf) transmit to or
through this site.
5) Copyright
The
material made available at this site is protected by copyright. No material
from this site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way without written permission of the
copyright owner, except that you may download one copy of the materials on any
single computer and produce one printed copy for your personal, noncommercial
use only, provided you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose is
a violation of Mahindra's
copyright and other proprietary rights. Permission for all other uses of
materials contained herein, including reproducing and distributing multiple
copies, or linking to any page at this site except the "home page" (http://Dealer.MahindraMerchandise.com), must
be obtained from Unified or Mahindra in
advance. Requests for such authorization should be sent via email to: info@mahindramerchandise.com. For
purposes of this Agreement, the use of any such material on any other Web site
or networked computer environment is prohibited. All design rights, databases
and compilation and other intellectual property rights, in each case whether
registered or unregistered, and related goodwill are proprietary to Unified and
Mahindra.
In the event you download software from the site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed
to you by Unified and Mahindra. Unified
nor Mahindra does not
transfer title to the Software to you. You may own the medium on which the
Software is recorded, but Unified and Mahindra retain
full and complete title to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile, reverse engineer,
disassemble or otherwise reduce the Software to a human-perceivable form,
except to the extent permitted by applicable law and on giving Unified or Mahindra prior
written notice of such activities.
6) Trademarks
All
trademarks, service marks, logos and trade names, whether registered or
unregistered, are proprietary to Mahindra or to
other companies where so indicated. You may not reproduce, download or
otherwise use any such trademarks, service marks, logos or trade names without
the prior written consent of the appropriate owner thereof.
7) Links to Other Web Sites
As you
view this site, you will notice links to other non-Mahindra Web
sites. These links are for convenience only. Certain of these linked Web sites
may make use of Mahindra
proprietary intellectual property rights (such as trademarks, service marks,
logos and trade names) under license from Mahindra. Unified
nor Mahindra is not
responsible for the availability or content of these sites or for any viruses
or other damaging elements encountered in linking to a third party Web site. In
addition, providing links to these sites should not be interpreted as
endorsement or approval by Unified nor Mahindra of the
organizations sponsoring the sites or their products or services.
8) Jurisdictional Issues
This site
is controlled and operated by Unified for the sole benefit of Mahindra located
within the State of Texas, United States of America. Unified nor Mahindra make no
representation that materials in the site are appropriate or available for use
in other locations. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Access to this site from
jurisdictions where the contents of this site are illegal or penalized is
prohibited. Software from this site is further subject to United States export
controls. No information or software from this site may be downloaded or
otherwise or re-exported (i) into or to a national or resident of any country
to which the United States embargoes or sanctions goods, services or
technology; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table of
Denial Orders. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or resident of
any such country or on any such list.
9) Termination
This
agreement is effective until terminated by either party. You may terminate this
agreement at any time by destroying all materials obtained from this site and
all related documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice from Unified and Mahindra if in
Unified's or Mahindra's sole
discretion you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this site and
all copies thereof, whether made under the terms of this agreement or
otherwise. The provisions of this Terms of Use Statement concerning site
security, prohibited activity, copyrights, trademarks, user submissions,
disclaimer, limitation of liability, indemnity, governing law and jurisdiction
shall survive any termination of this agreement.
10) Disclaimer
The
materials in this site are provided "as is" and without warranties of
any kind either express or implied. To the fullest extent permissible pursuant
to applicable law, Unified and Mahindra disclaim
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. Unified and
Mahindra do not
warrant that the functions contained in the materials will be uninterrupted or
error-free, that defects will be corrected, or that this site or the server
that makes it available are free of viruses or other harmful components.
Unified and Mahindra do not
make any representations or warranties regarding the use or the results of the
use of the materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
11) Limitation of Liability
To the
extent permitted under applicable law, under no circumstances, including, but
not limited to, negligence, shall Unified nor Mahindra be
liable for any compensatory, punitive, special or consequential damages that
result from the use of, or the inability to use, the materials in this site,
even if Unified, Mahindra or a Mahindra
authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, and so to that extent the above limitation
or exclusion may not apply to you. In no event shall Unified or Mahindra's total
liability to you for all damages, losses, and causes of action (whether in
contract, tort (including, but not limited to, negligence) or otherwise) exceed
the amount paid by you to Unified or Mahindra, if any,
for using this site.
12) Indemnity
You agree
to indemnify, defend and hold Unified and Mahindra, its
affiliates and any of its and their directors, employees, agents and
contractors harmless from and against any and all claims, damages, losses,
costs (including without limitation reasonable attorneys' fees) or other
expenses that arise directly or indirectly out of or from (i) your breach of
this agreement; and/or (ii) your activities in connection with this site.
13) Other
As used
throughout this site, the term "Mahindra"
and such terms as "the company," "the corporation,"
"our," "we" and "us" may refer to one or more or
all of Mahindra Corporation's
consolidated subsidiaries. All of these terms are used for convenience only and
are not intended as a precise designation of any of the separate companies,
each of which manages its own affairs.
14) Changes to Terms of Use Statement
Unified
or Mahindra may
revise this Terms of Use Statement at any time without notice. Although Unified
and Mahindra will
endeavor to highlight any changes to this Statement, you should revisit this
site periodically to make sure you are aware of the most recent terms, because
they will be binding on you. Your use of the site after such changes
constitutes your agreement to such changes.
If you have any questions or complaints regarding this Terms of Use Statement,
please contact info@mahindramerchandise.com and we will endeavor
to respond to you promptly.
Updated January 2017