Liability Disclaimer and User Agreement
MDC websites are offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of these sites constitutes acceptance of these terms and conditions.
MDC reserves the right to offer websites directly to you or through its authorized agents and contractors. User agrees to use MDC websites as permitted by applicable local, state and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy MDC’s, its contractors’ or another user’s computer system, network, software, program, documentation or data contained therein; 2) use MDC websites to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to MDC websites by other users will be deemed an unauthorized use.
Anyone using MDC websites expressly consents to administrative monitoring at all times by MDC and/or its authorized agents and/or contractors. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit these websites immediately.
Disclaimer of Liability and Reliability
While every effort has been made to offer current, correct, and clearly-expressed information on MDC websites, MDC and its authorized agents and contractors make no representations or warranties about the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of said information. In addition, website content has been compiled by MDC staff from a variety of sources and is subject to change without notice to the User.
The services, information and data made available on this website are provided “as is” without warranties of any kind. MDC and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free. MDC also reserves the right to temporarily or permanently discontinue its websites, any page, or any functionality on its websites at any time and without notice.
MDC is committed to protecting children’s privacy. MDC websites are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Links to Third-Parties’ Websites
There are links and pointers to third party Internet websites contained in MDC websites. These sites linked from MDC websites may not be under MDC’s control. MDC and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. MDC and its authorized agents and contractors do not intend any third-party links to be referrals or endorsements of the linked entities by MDC, and they are provided for convenience only. Each individual site may have its own set of policies governing the usage of information contained therein. The User assumes sole responsibility for use of third-party links and pointers.
Disclaimer of Damages
By using MDC websites, the User assumes all risks associated with the use of MDC websites, including any risk of User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a MDC web page, MDC websites or the User’s access to it. MDC and its authorized agents and contractors shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on MDC websites or with the delay or inability to use this website, or from any information, documents, services, software, or other material obtained through MDC websites, or otherwise arising out of the use of MDC websites, whether based on contract, tort, strict liability or otherwise, even if MDC and/or any of its authorized agents, contractors, employees or affiliates have been advised of the possibility of damages. MDC and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
The User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and MDC or its authorized agents or contractors as a result of this Agreement or use of MDC websites. User agrees not to hold himself or herself out as a representative, agent, or employee of MDC and MDC and its authorized agents and contractors shall not be liable for any representation, act or omission of the User based on this agreement or use of MDC websites.
Trademarks and Copyrights
All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.
As a condition of use of MDC websites, the User agrees to indemnify MDC and its respective officers, employees and agents, and contractors against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of MDC websites, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA. The User consents to the exclusive jurisdiction and venue of courts in Massachusetts, USA, in all disputes arising out of or relating to the use of MDC websites. Use of MDC websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
MDC’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of MDC’s right to comply with law enforcement requests or requirements relating to the User’s use of MDC websites or information provided to or gathered by MDC with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
MDC websites contain forms through which Users may request information or supply feedback to MDC. In some cases, telephone numbers, e-mail addresses or return addresses are required so that MDC can supply requested information to you. After the User fills out a form, MDC may contact User with follow-up information (unless an “opt-out” box is checked on the form). MDC does not provide any information supplied on its web forms to any outside organization for any reason (other than where may be required to by law).
Occasionally, MDC may survey visitors to its websites. The information from these surveys is used in aggregate form to help MDC understand the needs of its visitors so that it can improve its websites or services. If survey respondents provide personal information (such as an e-mail address) in a survey, it is shared only with those MDC employees, authorized agents or contractors who need to see it to respond to the matter.
“Phishing” is a scam designed to steal personal information. If the User receives an e-mail that looks like it is from MDC asking for your personal information, the User should not respond. MDC will never request the User’s password, username, or other personal information through e-mail.
Username and Password
In the event the User accesses any MDC websites requiring a username and password, the User is solely responsible for keeping such Username and password strictly confidential.
MDC collects non-personal information such as website usage, traffic patterns, site performance and related statistics based on its tracking of the User’s visits to MDC websites.
MDC web servers automatically collect the IP (Internet Protocol) address of the computers that access MDC websites. An IP address is a number that is assigned to the User’s computer when the Internet is accessed. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. MDC may use this information in aggregate form to better understand how its websites are being used and how it can better serve its visitors. Although such information is not personally identifiable, MDC can determine from an IP address a visitor’s Internet Service Provider and the geographic location of his or her point of connectivity.
Security of Your Information
MDC forms are encrypted to protect the User’s privacy. Once the information is sent to MDC websites, it is kept in secure databases where it is not available to users on the Internet.
MDC periodically reviews and modifies, where appropriate, its security policies and procedures. MDC uses reasonable care to protect personally identifiable and confidential information provided by the User to its websites. MDC has a security program in place that seeks to mitigate this risk substantially.
Agreement in its Entirety
This Agreement constitutes the entire agreement between the User and MDC (and its contractors and agents) with respect to MDC websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and MDC with respect to MDC websites. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in MDC websites; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.