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Terms of Use

Legal Information

MP2020, Inc. d/b/a MFG (“MFG”) provides access to its website to the public and members subject to the following Terms of Use. By accessing, viewing, posting, using or downloading materials from this website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use do not use this website.

Where MFG has provided you with a translation of the English language version of the Terms of Use, you agree that the translation is provided for your convenience only and that the English language version of Terms of Use will govern your relationship with MFG. If there is any contradiction between the English language version of the Terms of Use and what a translation says, then the English language version shall take precedence.

Use of Materials on MFG Website

Unless otherwise specified, you may not modify the materials on this website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. MFG reserves all rights to its copyrights, trademarks and other intellectual property.

Paid Membership Subscription Agreements (Only)

Services under a Paid Membership Subscription are available to corporations, other business entities and individuals that have accepted these Terms of Use by completing and signing their membership Subscription Order Form, either on paper or electronic form. These individuals and entities known as "Paid Suppliers" or "Paid Members" represent that they are legally permitted in their jurisdiction to enter into agreements for the purchase of the services offered by the MFG website and that they are also legally able to offer goods and services in accordance with those that they may quote on via the MFG marketplace.

A Paid Membership Subscription is only for the designated user. MFG reserves all rights as to the granting of a Paid Membership Subscription. Prior to utilizing the MFG website, Paid Members are required to complete their profiles with accurate and current information.

The Subscription Term, Listing Tier, Billing Frequency, Billing Rate and other membership information is noted on your Subscription Order Form.  In addition, access to Requests for Quotes (“RFQ”) are limited to those regions and capabilities subscribed on the Subscription Order Form.

Paid Membership Subscription fees are non-refundable and provided that full payment has been made for the Subscription Term selected, service may be cancelled by notifying an account representative in writing or by emailing accounting@mfg.com at least 30 days prior to the Subscription End Date. Paid Membership Subscription fees are considered delinquent if those fees are not received on the date of your scheduled payment date. In this instance, MFG reserves the right to suspend your service and to bill the balance of your remaining membership obligation. Additionally, MFG is entitled to recover any sums expended in connection with the collection of delinquent amounts, including reasonable attorney's fees. Service may be restored once the complete membership obligation has been paid. The Subscription End Date will not be extended to cover any time your service was suspended. You authorize MFG to store your payment method(s) and to automatically charge your payment method(s) until you cancel. If the authorized payment method(s) expires prior to the payment of all obligated installments, you agree to provide a new form of payment prior to the expiration date.

Following the Subscription End Date, and unless service is cancelled, your Paid Membership Subscription will auto renew to a new subscription at the same price and terms as your original subscription or be switched to a monthly auto renewal membership (“Monthly Membership Auto Renewal”).

Under Monthly Membership Auto Renewal, you will be charged monthly, prorated at your original subscription price and term. Customers on a Monthly Membership Auto Renewal can cancel their Membership Auto Renewal subscription at any time by contacting MFG or, if available, by following the steps set forth on the MFG website for auto renewal membership. Keep in mind if you cancel your subscription, your subscription will not automatically renew. However, your MFG service will continue for the remaining days in your existing (already paid for) subscription term. No further payments will be made once you cancel your Membership Auto Renewal.

From time to time, MFG contracts with third party vendors to provide “value-added” benefits to its Paid Members that choose to participate in such a program. Paid Members that choose to participate in such benefit programs must (i) accept the terms and conditions of the vendor providing the benefits and (ii) remain a Paid Member of MFG to receive the benefits.

Buyers and Suppliers

Buyers including Engineers, Sourcing Professionals and all others registering as buyers and sourcing on MFG (“Buyers”) represent that they are the owners of the intellectual property placed on the MFG website for sourcing or that they have the full authority to do so, including to place drawings on the website which are then disseminated to the supplier community. MFG does not guarantee that quotes will be received by Buyers sourcing RFQs.

Suppliers and all others registering as suppliers and providing quotes on MFG (“Suppliers") further represent that they will respect the intellectual property of the Buyers, including abiding by the confidentiality agreements and non-disclosure agreements specified by Buyers.

Buyers and Suppliers are responsible for performing their own due diligence on one another prior to soliciting quotes or providing quotes or awarding work and transacting business. This due diligence may take forms not provided by the MFG website.

User Content, Your License to Us and Rules for User Content.

By submitting communications, photos, data, information, reviews/opinions or any other content (“User Content”) to MFG, you are (i) authorizing us to use such User Content (including, where applicable, your name, image and likeness) and (ii) granting us a limited, non-exclusive, royalty-free, sublicensable, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the website is not confidential or proprietary.

MFG provides certain opportunities for you to provide ratings, opinions, or reviews (“User Commentary”). User Commentary must not violate these Terms of Use (especially as set forth below under No Unlawful or Prohibited Use). In addition, you represent and warrant that User Content and User Commentary submitted by you does not: 

·         Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

·         Promote sexually explicit, pornographic material or violence;

·         Contain anything that is discriminatory based on race, color, sex, religion, nationality, disability, sexual orientation, gender identity, marital status or age;

·         Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

·         Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use;

·         Be likely to deceive any person;

·         Promote any illegal activity, or advocate, promote, or assist any unlawful act;

·         Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

·         Involve commercial activities or sales, or advertising;

·         Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or

·         MFG reserves the sole right to remove any user content for any reason at any time.

MFG does not endorse the accuracy or reliability of any User Commentary, and User Commentary does not reflect the views of MFG. MFG ACCEPTS NO LIABILITY WHATSOEVER FOR USER CONTENT OR USER COMMENTARY.

Termination

We may terminate your membership, including your Paid Membership Subscription, and delete your data immediately if you (i) breach any clause of this Terms of Use, our Privacy Policy or Security Policy, the latter two of which are incorporated herein by reference or (ii) if we are unable to verify or authenticate any information you provide to us. In addition, MFG has the right, with prior written notice, to close the user account or reject contract renewal in case of repeated customer and/or supplier claims of inappropriate behavior.  You may terminate your membership by sending us a notice to support@mfg.com or updating your Membership status under My Profile / Account Information.

Termination of your membership does not entitle you to a refund of any pre-paid fees and does not relieve you of any ongoing financial obligations due under any Paid Membership Subscription or to fulfill contractual obligations to other members of MFG.

Use of Downloadable Software

Any software that may be downloaded from this website is licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, MFG and its licensors reserve all intellectual property rights, title and interest in such software.

Partner and other Third-Party Descriptions

This website contains information concerning various third parties (often referred to as "partners") who offer products or services compatible with MFG products. This information is provided for your convenience only.  MFG is not responsible for and does not warrant any third-party product or service or the accuracy of any description.

Links to Other Websites

MFG provides certain links to other websites as a convenience to you.  MFG does not monitor nor control the content of any other websites and assumes no responsibility or liability of any kind for any material or communications available at such websites. MFG is not responsible for the content of any site that may be linked to/from the MFG website.

Disclaimer of Warranty

Information on this website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. MFG may make changes and/or improvements in the products and/or programs described on its website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND MFG, ALL MATERIALS PROVIDED ON ITS WEBSITE ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

Limitation of Liability

IN NO EVENT SHALL MFG, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MFG WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MFG WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER BASED ON CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MFG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF A PAID SUBSCRIPTION MEMBERSHIP, THEN IN NO EVENT SHALL MFG's TOTAL CUMULATIVE LIABILITY EXCEED THE PAID MEMBERSHIP FEE DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MFG, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR USE OF THE MFG WEBSITE, FROM YOUR BREACH OF ANY PROVISION OF THE TERMS OF USE, RULES DOCUMENT, SECURITY POLICY OR PRIVACY POLICY (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.

Release

MFG does not get involved in member-to-member transactions.  In the event that you have a dispute with one or more members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the MFG website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.

User Submissions/ Messaging

You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. MFG may, but is not obligated to, monitor or review any areas on this website where users transmit or post communications.

MFG will have no liability for the content of any communications, whether arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Buyers and Suppliers that login and / or use MFG website(s) agree that any ratings received due to transactions on MFG will be posted on public domain and in the website.  Buyers and Suppliers agree to release MFG of any liability for posted ratings from those that use the MFG website. MFG may remove or modify ratings if both the Buyer and Supplier agree in writing and such removal and modification is in the best interest of the MFG Marketplace, or as determined solely by MFG.

MFG and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. MFG and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of MFG or its website who is deemed to have violated these Terms of Use including IP addresses or ranges of IP addresses at the discretion of MFG administrators and moderators. MFG may also prohibit users or members from utilizing this website if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.

Export Control

By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any national or resident including those of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of May 2008 but is subject to change); (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export MFG products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses. In addition, you are also agreeing that you will not export any Confidential Information from the United States except in full compliance with all requirements of the International Traffic in Arms Regulations (ITAR), the Export Administration Act and all other applicable laws and regulations. In addition, you will avail yourself of the Government policies and Arms Control laws and regulations of the land where you reside and access this website.

Applicable Laws

The website is controlled by MFG, and its parent company MP2020, Inc. from its offices in Atlanta, Georgia, USA. MFG makes no representation that materials at its website are appropriate or available for use outside of its locations in the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this website shall be governed by the substantive laws of the State of Georgia, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to its website shall be finally settled by a competent court in the State of Georgia.

In addition, your use of the MFG website represents your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website, and that your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing, unfair competition, antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, and that the operation of the website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the website.

Production Location

Suppliers are expected to accurately portray in which region / country your parts are made. Misrepresentation of your production location to gain unfair competition within other regions is considered inappropriate behavior and will result in termination of membership and access to the MFG platform.

Service Warranty

The use of the MFG website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that MFG is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore MFG reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.

Notices

You shall provide any required notice to us by email to support@mfg.com. We shall provide any notices to you by email to the email address you provided during your registration. Notice shall be deemed given 24 hours after the email is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).

Communications

When you agree to use any MFG services, or send emails to us, you are communicating that you consent to receive communications from us. We will communicate with you by email, fax or by posting notices on this site or through other MFG services. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. 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.

Changes to these Terms of Use

MFG may at any time revise these Terms of Use by updating this posting and without directly informing you. You are bound by any such revisions.

MFG reserves all rights pertaining to its website. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the MFG website.

This Legal Information and Terms of Use was last updated October 25, 2019.