Terms and Conditions

Terms and Conditions

This website and all associated websites linked to www.montran.com  (collectively, the “Site”) is operated by Montran Corporation. Throughout the Site, the terms “we,” “us,” and “our” refer to Montran Corporation and its subsidiaries. Montran Corporation offers this website— including all information, tools, and services available from this Site to you, the user— conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting the Site and accessing or using any features offered on the Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”; “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to add, modify, update, change, remove, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

Section 1— General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 2— Copyright

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without our written permission. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with us. Images, photographs, or illustrations displayed on the Site are either the property of, or used with permission by, Montran. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION, ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY, IN PARTICULAR JURISDICTIONS, RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

 

Section 3— Trademarks

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties displayed on the Site (collectively the “Trademarks”) are protected intellectual property under both United States and foreign laws and include registered and unregistered trademarks owned by or licensed to Montran Corporation or its subsidiaries. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

 

Section 4— Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

Section 5— Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service, or on any related website is inaccurate, at any time, without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Section 6— User Comments, Feedback, and other Submissions

You may be permitted to or asked to submit information to the Site. You expressly represent and warrant: (a) that you have the authority to provide us with all such information; (b) that all such information may be used by us for the purposes intended; (c) that all such information shall be true, accurate, and complete; and (d) that you will maintain and update such information as needed, such that the information remains true, accurate and complete. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your access to or use of the Site.

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials— whether online, by email, by postal mail, or otherwise (collectively, “Comments”)— you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are not and shall not be under any obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may— but have no obligation to— monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violative of any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

 

Section 7— Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy, which applies to use of this site, and the terms of which are made a part of these Terms of Use by reference. To view our Privacy Policy, click the “Privacy” subhead above.

 

Section 8— International Users

The Site is controlled, operated and administered by Montran Corporation from its offices within the United States of America and is not intended to subject Montran to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Note that your personal data, if you provide any, will be stored in our databases (including local storage), the databases of any direct or indirect subsidiaries, sponsors, or affiliates of Montran Corporation, and/or databases managed by third party service providers which are located within and outside of the United States. Such data will be automatically transferred to these databases, which may be located in countries where privacy rules differ and may be less stringent than those of the country in which you reside. If you visit our Site from a country in the European Union, you consent to such cross-border transfers of personal data to the United States.

 

Section 9— Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Section 10— Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Section 11— Indemnification

You agree to indemnify, defend, and hold harmless Montran Corporation, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

Section 12— Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising out of  or connected with your use of the Site or the Service, even if we have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or the Service, our liability shall in no event exceed the greater of $100.00 or the total amount paid by you to us to access and use the Site.

 

Section 13— Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 14— Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

Section 15— Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Section 16— Governing Law and Forum

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the laws of the State of New York. You hereby expressly consent to the exclusive jurisdiction of and venue in the courts located in New York County, New York, and waive any objection to such courts, including without limitation, on the basis of personal jurisdiction, venue or inconvenience of the forum.

 

Section 17— Contact Information

Questions about the Terms of Service should be sent to us through our Contact Page, or by mail at 295 Madison Avenue, FL 42, New York, NY 10017.