Terms and Conditions
Website Terms and Conditions of Use
The Website accommodates an online ecommerce parts ordering system, for customers, dealers, and other partners, to quickly order service parts online. It will allow customers to easily find needed service parts by drilling down into an exploded view manual, clicking on the intended part and placing it in a shopping cart for their intended purchase.
Unless otherwise stated in an express written agreement signed by MAT, the terms and conditions contained in MAT’s standard terms and conditions of sale, as amended from time to time, shall apply to all purchase transactions initiated through the Website. Our terms and conditions of sale may vary depending upon the country from which you are purchasing or the affiliate with whom you do business.
Visiting the Website or sending emails to MAT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, shall satisfy any legal requirement that such communications be in writing. You acknowledge and agree that receipt of e-mail notifications is dependent on the operation and service of your device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving email notifications or by the insufficient operation of your device, network, internet service provider or phone company. You may opt out of receiving email notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of email notifications.
If you register for an account with this Website, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MAT is not responsible for any third party access to your account. MAT reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
MAT does not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). The Website is not intended for use by minors. If you are under 18 years of age, you may use the Website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Certain services made available via the Website may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that MAT may share such information and data with any third party with whom MAT has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Website, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of MAT and/or its affiliates, licensors, or suppliers, as applicable, and is protected by U.S. and international copyright and other intellectual property laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Website. You may not store, modify, reproduce, transmit, reverse engineer or distribute the content or software on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of MAT is strictly prohibited. Gathering email addresses through harvesting or automated means by you is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. MAT content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of MAT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MAT or our licensors except as expressly authorized by these terms.The MAT name, logo, and other trademarks, service marks, graphics, and logos of MAT used in connection with the Website are trademarks or registered trademarks of MAT, its affiliates or its licensors in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. For the avoidance of doubt, MAT is not transferring, conveying, licensing or assigning any copyrights or other intellectual property rights hereunder. To the extent you provide us with any suggestions, feedback, enhancement requirements or recommendations (“Suggestions”), you assign to MAT all rights in and to such Suggestions and agree that MAT may use any Suggestions, and permit any other persons or entities to use any Suggestions, for any purpose.
Digital Millennium Copyright Act (DMCA) Notice
If you believe something on this Website has infringed your intellectual property rights, please notify our agent and provide the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) Identification of the copyrighted work claimed to have been infringed, (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (iv) Address, telephone number, and, if available, an electronic mail address where we may contact you, (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Website’s Copyright Agent can be reached at MAT Industries, LLC, 6700 Wildlife Way, Long Grove, Illinois 60047, Attention: General Counsel.
The Website is controlled and administered by MAT from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You may only use the Website as permitted by law, including applicable export and re-export laws and regulations.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless MAT, its officers, directors, employees, affiliates, agents, contractors, and licensors, from and against any claims, losses, costs, liabilities, damages and expenses (including reasonable attorney's
YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM MAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MAT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
If you are a California resident, you hereby waive each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” [DISCUSS]
[Class Action Waiver]
[Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative collective actions are not permitted, THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MAT agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.] [DISCUSS]
MAT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MAT MAY REMOVE THE WEBSITE OR SUPPORT FOR THE WEBSITE FOR INDEFINITE PERIODS OF TIME, CANCEL THE WEBSITE OR SUPPORT FOR THE WEBSITE AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK AND EXPENSE. THE WEBSITE AND ALL SERVICES AND CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Any information or recommendation made available through the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as business, legal, accounting or any other professional advice. A possibility exists that the Website could include inaccuracies or errors, or information or materials that violate the usage rules. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Website. We do not accept liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided by the Website.
Limitation of Liability
MAT DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE MAT FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. MAT IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION.
Termination Access Restriction
MAT further reserves the right to modify, suspend, or discontinue the Website (or any part, service or content thereof) at any time with or without notice to you, and MAT will not be liable to you or to any third party should it exercise such rights.
MAT may notify you with respect to the Website by a posting on the Website, by e-mail or through mobile push notifications as set forth herein. Unless otherwise stated, notices shall become effective immediately.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAT as a result of this agreement or use of the Website. MAT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MAT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MAT with respect to such use.
Sanborn Mfg a Division of MAT Industries LLC.
118 West Rock Street
Springfield MN 56087
Attention: Product Services
Effective as of 6/21/2023