Terms of Service
Users should read these Terms of Use carefully before accessing this website.
Welcome to morganwood.com, which is maintained and operated by Morgan Pallet Solutions, LLC, doing business as Morgan Wood Products, and its subsidiaries (“Morgan Wood”, the “Company,” “us,” “we” and “our”).
Please read these Terms of Use (these “Terms”) carefully as they govern your use of morganwood.com, as well as its various pages (including subdomains) and any other websites that currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms (collectively, the “Site”). For purposes of these Terms, “you” and “your” refer to you (a) the individual accessing the Site or (b) the business entity on whose behalf an individual is accessing the Site.
1. LEGAL AGREEMENT
By accessing or using the Site, you acknowledge that you have read these Terms in their entirety and agree to abide by them. These Terms, which incorporate our Privacy Policy ([HERE]), constitute a legally binding agreement between you and Morgan Wood and govern your access and use of the Site.
By accepting these Terms, you represent and warrant to us that you are authorized and have capacity to enter into these Terms. If you do not accept these conditions, do not use the Site. We may change, add or remove portions of the Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the Site indicates your full acceptance of these Terms in the form posted at the time you access the Site.
2. LIMITATIONS ON USE
The information and content provided on the Site (the “Content”) are for general informational and promotional purposes only and Morgan Wood is not rendering professional advice or services. While we believe the Content available through the Site is accurate, Morgan Wood makes no representation or warranty as to the completeness or accuracy of the Content and you should independently verify the accuracy and usefulness of such ContentMoreover, the Content displayed on the Site may be delayed or otherwise not up to date. Morgan Wood shall not be responsible to any party who claims a loss or damages from its use or reliance on the Content.
By using this Site, you agree that you shall not (and shall not allow any third-party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site. You further agree not to modify the Site or use the Site for any purpose that is unlawful or prohibited by these Terms. You also agree to reimburse us for any damage, loss, cost, or expense we incur, including any legal fees, because of your use of the Site for any unlawful or prohibited purpose.
3. PRIVACY
We respect your privacy. Our Privacy Policy constitutes a part of these Terms and explains how we collect, use, and protect your personal information. By accepting these Terms, you agree to our collection and use of your personal information as described in our Privacy Policy.
4. INTELLECTUAL PROPERTY
Morgan Wood is the exclusive owner or licensee of all the Content, and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark, and patent rights (the “IP”). For this purpose, Content also includes all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site.
All trademarks, trade names, copyrights, logos, and service-marks, whether or not registered (collectively, the “Marks”) relating to or constituting our IP are our exclusive property. The Site and the Content are protected by copyright, trademark, and other laws of the United States and all other applicable jurisdictions. Nothing in these Terms gives you the right to use or reproduce any of our trademarks, logos, domain names, and other distinctive brand features without our written consent, which may be withheld in our sole discretion. Unauthorized use of any of the Marks or Content is strictly prohibited by law, and you may not reproduce, copy, modify, distribute, transmit, display, perform, publish, or otherwise exploit, through any means or media, any of our IP or Marks. Finally, all third-party trade names, trademarks, logos, and service marks, if any, that appear in or on the Site are the property of their respective owners.
We may prevent unauthorized use of the Site via technological means. You agree not to circumvent or attempt to circumvent these means. You agree that any attempted or actual circumvention, or otherwise unauthorized use, by you or anyone on your behalf will result, at minimum, in the termination of all your rights under these Terms.
5. THIRD-PARTY WEBSITES
Please note that these Terms of Use apply only to the Site and not to other websites that may be accessible from the Site via hyperlink. We are responsible only for the content of the Site and have no control over other websites that may be accessible from the Site, the contents thereon or the products/services offered thereby, and you expressly release us from any and all liability arising from your use of any third-party website, service, or content.. If you access any third-party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third-party endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
6. DISCLAIMERS
YOU ACKNOWLEDGE THAT WE PROVIDE THE CONTENTS OF THIS SITE ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SPEED OR DELIVERY OF THE SITE OR ANY PART OF THE INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK.
7. LIMITATION OF LIABILITY
In no event shall we be liable to you for your use of the Site, including for any claim of breach of contract, tort, negligence, strict liability, or any other legal or equitable theory.
In no event shall we be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages that arise out of or in connection with your use of or inability to use the Site. Our total liability for claims brought pursuant to these terms or your use of the site (or any portion thereof) shall be limited to the revenues we received from you in the twelve (12) months preceding the applicable cause of action.
Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
If any particular type of damage cannot be waived or disclaimed under the law, then the remainder of the disclaimer will remain valid and continue to disclaim every other form of damage that may be disclaimed under the law.
8. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site that you may have must be filed within one year after such claim or cause of action arose or be forever barred.
9. MODIFICATIONS
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and such revisions will become effective upon the posting of the revisions to the Site. Your continued use of the Site after the effective date of the revisions signifies your acceptance of any such revisions.
10. INDEMNITY
In exchange for using the Site, you agree to indemnify and hold Morgan Wood, our agents, members, managers and employees harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of the Site or your violation of these Terms. In addition, you understand and agree that your use of the Site is predicated upon your waiver of any right to sue Morgan Wood, our agents, members, directors and employees directly or to participate in a suit for any losses or damages resulting from your use of the Site.
11. GOVERNING LAW AND VENUE
You agree that your use of the Site and any disputes relating to the Site or the Terms shall be governed in all respects by the laws of the State of South Carolina. Any dispute relating to the above shall be brought solely in a state or Federal court located in the City of Charleston in the State of South Carolina and you expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such disputes. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.
12. WAIVER
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing.
13. SEVERABILITY
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
14. ENTIRE AGREEMENT
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us.