Conditions of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR
ACCESSING ANY PAGES IN THIS WEBSITE.
By using or accessing this website you signify your acknowledgment
and assent to the terms and conditions of use set forth below. If you
do not agree to these terms of use, please do not use this website.
M Rack and affiliates are free to revise these terms of use at any time
by updating this posting, and your use after such change signifies
your acceptance of the changed terms. Please check these terms of
use periodically for changes.
This website is owned and operated by M Rack and its subsidiaries and
affiliates (collectively "M Rack and affiliates," "we," or "us"). Questions
concerning this website or its operation should be directed to the contact
points set forth at the end of these terms of use.
In connection with viewing and using this website, you are permitted to
temporarily download one copy of the materials posted on this website onto
a single computer for only your personal, non-commercial use. Except as
otherwise specifically provided elsewhere on this website, redistribution,
retransmission, republication or commercial exploitation of the contents of
this website is expressly prohibited without the written consent of M Rack
and its affiliates and any copyright owner from whom we have obtained a
license. Requests for such permission should be made to the contact
specified below. All rights not expressly granted herein are reserved.
Downloading of any information, content or images from this website does
not transfer any right or ownership of such information, content or images to
you, and such information, content or images may be used solely in
accordance with these terms of use. You may not mirror or archive any part
of this site or any material contained on this site on any server or computer
without M Rack and affiliate's written permission.
Contents and Hyperlinks
This website may contain hyperlinks to third-party websites, and those
websites are the sole responsibility of such independent third parties, and
use thereof is solely at your own risk. M Rack and affiliates have no control
over the content or policies of such third-party websites, and we are not
responsible for (and under no circumstances shall be liable for) the contents,
accuracy or reliability of any websites hyperlinked to this website. Those who
choose to access information from this website (including any information
obtained through any hyperlink) are solely responsible for the compliance of
such information with any applicable law.
If you want to link to this website, please contact mrack@tpg.com.au before
creating that link so the site may be previewed. M Rack and affiliates
expressly forbid the unauthorized use of its logos, trademarks, or other
graphics to create links. Text links are permitted upon approval.
User Content
M Rack and affiliates are pleased to hear from our clients. Anything you
disclose or offer to us by or through this website ("Communications"),
including e-mails to M Rack and affiliates or postings on interactive portions
of this website, shall be deemed and shall remain the property of M Rack and
affiliates. If you send us such Communications, you are providing it to us on
a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such
information secret, to refrain from using such information, or to compensate
you for the receipt or use of such Communications. M Rack and affiliates are
free to use, for any purpose whatsoever, any Communications, including but
not limited to publishing, or developing, manufacturing, and marketing
products using such Communications. By submitting Communications to us
through this website, through e-mail, or through any interactive means, you
hereby RELEASE M Rack and affiliates from any liability under any legal
theory in connection with the use, modification, sale, or disclosure of any
Communications. By uploading or otherwise providing any Communications
to this website or M Rack and affiliates, you hereby grant M Rack and
affiliates, to the extent you retain any rights, the unlimited, perpetual right to
reuse, redistribute, modify and create derivative works from such
Communications for any purpose and in any media without compensation,
and you warrant that all "moral rights" in uploaded Communications have
been waived.
Interactive Areas and Code of Acceptable Conduct
M Rack and affiliates do not ordinarily filter, censor, edit or regulate
information and content provided by third parties on this website, including
any such information provided in interactive areas, and we neither endorse
nor are responsible for (and under no circumstances shall be liable for) the
contents, accuracy or reliability of such information and content.
When participating in interactive portions of this website, you represent that
you have proper right and authorization to use any information or content
you upload or post and agree to abide by the following code of acceptable
conduct:
1. You will not upload or otherwise provide infringing, defamatory, obscene,
pornographic, threatening, abusive, illegal or otherwise improper content.
2. You will not upload viruses or harmful components.
3. You will not use the website to further any illegal purpose or to violate the
rights of any party.
4. You will not upload or otherwise provide content with a commercial
purpose or attempt to solicit funds or advertise goods and services.
M Rack and affiliates will assist law-enforcement officials investigating illegal
activity or violations of these terms of use.
Products, Services and Software
Downloading software from this website does not give you title to such
software, including any files, data and images incorporated in or associated
with the software. Your use of any such software shall be only in accordance
with the license agreement that is included with the software or presented
upon download of such software. Software available on this website is
copyrighted by M Rack and affiliates or its owner. Software may not be
copied, redistributed or placed on any server for further distribution. You
may not sell, modify, decompile, disassemble, or otherwise reverse engineer
the software.
A description or reference to a product, service or publication on this website
(including any description or reference via hyperlink) does not imply
endorsement by M Rack and its affiliates of that product, service or
publication. Products and software offered through this website shall be
warranted, if at all, through the written license or warranty provided in
connection with such product or software.
Notice and Procedure for making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to our Designated Agent.
No Representations or Warranties
M Rack and affiliates makes no representations or warranties that this
website is free of defects, viruses or other harmful components. We shall not
be responsible for any damages or loss that may result from the hacking or
infiltration of this website or M Rack and its affiliate's computer systems. YOU
HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS
WEBSITE AND YOU AGREE TO HOLD M RACK AND AFFILIATES HARMLESS
FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON
USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS
OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM
THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated
information and typographical errors. To the extent permitted by applicable
law, THIS WEBSITE IS PROVIDED "AS IS." M RACK AND AFFILIATES DO NOT
MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY
GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY
OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE
TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE
OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS
WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL M RACK AND
AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR
USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS
WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL M
RACK AND AFFILIATE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS WEBSITE.
Jurisdiction and Choice of Law
M Rack and affiliates control and manage this website from our facilities in
the State of South Carolina in the United States of America. Unless otherwise
stated, materials and content on this website are presented solely for
promoting products and services in the United States of America. Information
published on this website may contain references to products, programs and
services that are not announced or available in your country or region. We
make no representation that such information, products, programs or
services referenced on this website are legal, available or appropriate in your
country or region.
These terms of use shall be governed by and construed in accordance with
the laws of the State of South Carolina and the United States of America,
without giving effect to any principles of conflicts of law. You and M Rack and
affiliates irrevocably consent to the exclusive jurisdiction of the courts located
in South Carolina in connection with any action arising out of or related to
these terms of use or their subject matter. You and M Rack and affiliates
waive any objection based on lack of personal jurisdiction, place of residence,
improper venue or in any such action.
Trademarks and Copyrights
Nothing on this website shall be construed as conferring any license under
any intellectual property right, including any right in the nature of trademark
or copyright, of M Rack and affiliates or any third party, whether by
implication, or otherwise. All trademarks and trade names are the property of
their respective owners.
Except as otherwise noted, M Rack and affiliates are the owners of all
trademarks and service marks on this website, whether registered or not. All
registered trademarks are registered in the United States of America (or
other applicable jurisdictions).
Securities and Investment
This website and the information contained or referred to herein does not
constitute an offer or a solicitation of an offer for the purchase or sale of any
securities.
Severability
If any provision of these terms of use shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from the remaining terms of use and shall not affect the validity and
enforceability of any remaining provisions.
Privacy
Despite any representations concerning privacy, M Rack and affiliates
reserves the right to disclose without notice to you any information in our
possession if required to do so by law or upon a good-faith belief that such
action is necessary to comply with the law, to protect or defend our rights or
property, or to respond to an emergency situation. Specific areas or pages of
this website may include additional or different terms relating to the use of
personal information collected from such areas or pages.
General
These terms of use represent the entire understanding relating to the use of
this website and prevail over any prior or contemporaneous, conflicting or
additional communications.
Any unauthorized access, modification or change of any information, or any
interference with the availability of or access to this website is strictly
prohibited. M Rack and affiliates reserve all legal rights and remedies
available to us and this disclaimer shall in no way be deemed a limitation or
waiver of any other rights M Rack and affiliates may have.
Specific areas or pages of this website may include additional or different
terms relating to the use of this website. In the event of a conflict between
such terms and these terms of use such specific terms shall control.
Unless otherwise indicated, all material on this site © 2005 M Rack and
affiliates.
All rights reserved.
Contact Information:
Questions about these terms and conditions may be directed to:
M Rack
Attention: Web Site Terms and Conditions
1185 Partridge Road
Spartanburg, SC 29302