2. Online Services and Disclaimer of Warranty. The MFS web site provides online resources including, but not limited to, online information regarding MFS philosophy and services, contact information, staff biographies, and downloadable forms. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NONINFRINGEMENT. MFS assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the MFS web site.
3. User conduct. User agrees to not use the MFS web site to: harm others; impersonate another User, person, or entity, including any official, employee, or representative of MFS; intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act; interfere with the operation of MFS’s web servers or other computers or Internet or network connections;
4. Indemnity. You agree to indemnify and hold MFS, and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
5. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the MFS web site.
6. Hyperlink policy. The MFS site contains hyperlinks to other Internet sites not under the editorial control of MFS. These hyperlinks are not express or implied endorsements or approvals by MFS, of any products, services or information available from these sites.
7. MFS’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of MFS’s copyrighted or trademarked material, including graphic files and software, on the MFS web site.
8. No warranties. THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
9. Limitation of liability. MFS’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). MFS IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
10. General. This TOS Agreement constitutes the entire agreement between you and MFS and governs your use of the MFS web site. This TOS Agreement shall be governed by the laws of the State of Wisconsin. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Dane in the State of Wisconsin. The failure of MFS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.