Legal/Terms of Use
PLEASE READ THIS LEGAL NOTICE CAREFULLY BEFORE CONSULTING THIS SITE.[CS1.1]
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CARERFULLY.
The companies of and/or affiliated with MATTHEWS INTERNATIONAL CORPORATION have their own corporate existence. However, to simplify communication of the information presented on www.matw.com, the following terms may be used: “Matthews” and “we”. These terms are used to re fer to all the companies of Matthews International Corporation, each of which does business independently.
Purpose
The purpose of the present notice is to define the conditions in which Matthews is making www.matw.com (hereafter referred to as the “Site”) available, subject to compliance with the present legal notice which Matthews reserves the right to modify or update at any time. Access to and use of the Site implies your agreement with the present legal notice, so you should periodically visit this page to review the current terms. Access or use of the Site following any change to the terms constitutes your agreement to those changes. If you do not agree with the clauses below, you are advised not to use the Site.
Access to the Site
Matthews strives to keep the Site accessible without, however, being subject to any obligation to achieve this. It is specified that access to the Site may be interrupted for the purposes of maintenance, updating or any other reason, particularly of a technical nature. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Matthews may also make improvements and/or changes in the products, the services and/or the programs described on the Site at any time without notice. Under no circumstances shall Matthews, Matthews’ affiliated entities and their respective employees, officers, directors, shareholders, agents, representatives and/or affiliates be liable for these interruptions, technical inaccuracies, typographical errors, changes or updates and the consequences that could result from them for the user.
You are authorized to access and use Matthews Online Services and related Matthews Content; provided that: (a) your use of Matthews Online Services and Matthews Content as permitted hereunder is solely for your personal or internal business purposes; (b) you will not copy, distribute or transfer any portion of the Matthews Online Services or Matthews Content on any media without Matthews’ prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the Matthews Online Services or Matthews Content other than as may be reasonably necessary to use that part of the Matthews Online Services or Matthews Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access to attempt to access other areas of any Matthews computer system or other information contained on the system for any purpose other than as intended by Matthews is strictly prohibited.
Matthews does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Matthews will be deemed NOT to be confidential. By sending Matthews any information or material, you grant Matthews an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Matthews is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not publicly release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Matthews reserves the right to use any content provided by you to Matthews (“User Content”) for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of Matthews’ distribution partners and third-party service providers (including downstream users) and that Matthews has no obligation to compensate you (monetarily or otherwise) for Matthews’ use of your User Content now or in the future. You confirm that you own all right, title, and interest to your User Content and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
Matthews use images for display purposes only. Actual products may differ from product images displayed.
Information Matthews publishes on the World Wide Web may contain references or cross references to Matthews’ products, services and programs that are not announced or available in your country. Such references do not imply that Matthews intends to announce such products, services or programs in your country. Consult your local Matthews business contact for information regarding the products, services and programs which may be available to you.
Copyright – Intellectual Property
The contents (notably data, soundtracks, information, illustrations, logos, brands, etc.) that appear or are available on the Site are protected by copyright and other intellectual property rights and are the exclusive property of their respective publishers. No part of the contents of the Site in general, even if it belongs to a third party, may be copied, reproduced, represented, adapted, altered, modified or circulated fully or partially by any means whatever, with the exception of a single copy, stored on a single computer and reserved exclusively for the private use of the copier. The elements presented in the Site are liable to modification without notice and are presented without any express or tacit guarantee and are not considered as giving any right of compensation. The information and images contained in the Site are protected by copyright© 1997-2011 Matthews Resources, Inc. and/or by its affiliates’ copyright. The logos are registered trademarks. The Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Use of the Documents
None of the documents from the Site can be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except for the case of a simple recording of documents on your personal computer for your own use and without any commercial aim. In this case, you should ensure that the indications of property are kept intact. Alteration and modification of these documents or use of them for another purpose constitutes an infringement of the property rights of Matthews or of a third party.
No Offensive or Infringing Use
Matthews respects the intellectual property of others, and Matthews expects its users to do the same. It is Matthews’ policy, in appropriate circumstances and at Matthews’ discretion, to disable or terminate users of the Site who infringe or repeatedly infringe the copyrights or other intellectual property rights of Matthews or other rights owners. When using the Site, you will not use any feature of the Site for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another’s privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
To correspond with Matthews by e-mail, internet users must fill in the applicable electronic correspondence forms found on the site.
DISCLAIMERS
Matthews makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Matthews web site, even one that may contain a Matthews logo, please understand that it is independent from Matthews and that Matthews may have no control over the content on that web site. In addition, a link to a non-Matthews web site does not mean that Matthews endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
YOUR USE OF THE SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NO WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY APPLY.
NEITHER MATTHEWS NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER MATTHEWS NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.
MATTHEWS CANNOT BE HELD RESPONSIBLE IN THE EVENT OF CONTAMINATION OF ANY USER’S COMPUTER EQUIPMENT AS A RESULT OF THE PROPAGATION OF A VIRUS, MALICIOUS CODE OR SOFTWARE, OR OTHER COMPUTER “INFECTIONS”. THE SITE USER IS RESPONSIBLE FOR TAKING ALL APPROPRIATE MEASURES TO PROTECT THE USER’S OWN DATA AND/OR SOFTWARE FROM ANY POSSIBLE CONTAMINATION BY MALICIOUS COMPUTER CODE OR SOFTWARE, INCLUDING, WITHOUT LIMITATION, VIRUSES CIRCULATING VIA THE INTERNET.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MATTHEWS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATTHEWS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
Matthews shall not assume any responsibility, and shall not be liable for, any damage to or viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials from the Site.
IN NO EVENT WILL MATTHEWS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MATTHEWS’ AGGREGATE LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE MATTHEWS SERVICES IS LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCTS AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.
Matthews, its employees, suppliers or the partners mentioned on the Site cannot be held responsible in any case for claims involving contractual responsibility, criminal responsibility or any other claims, for all indirect or direct damage, incidents and accessories of whatever nature or for any prejudice, particularly of a financial or commercial nature, resulting from the use of its site or any item of information obtained from its site. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
The information, particularly of a financial nature, provided on the Site cannot be considered an incitement to invest or to make transactions of any legal form whatsoever involving Matthews’ shares. Under no circumstances should it be interpreted as a solicitation or distribution of shares to the public, and it does not constitute an offer involving the purchase, sale or exchange of shares or other Matthews’ securities, listed or otherwise.
The Site may contain simple or complex links to other affiliated Matthews’ or third-party sites. Matthews may have no control over these sites, and therefore, cannot be held responsible for the availability of these sites, their content, advertising material, products, and/or services available at or through these sites. Thus, Matthews shall not be liable in any way for direct or indirect damage that may occur when the user accesses the partner site or uses this site, and it shall not be liable for any non-compliance of the contents and services with any regulations or for any information that in fringes the rights of a third party. Matthews disclaims any responsibility concerning the information, materials and software on the sites linked by hypertext links to the Site. Information providers out side of Matthews supply certain information presented on the Site. The aforementioned content providers have exclusive liability regarding the contents and services provided by them on the Site. Consequently, Matthews shall not be held liable for errors, interruptions or delays in the transmission of information or for their consequences.
Revisions to these Terms and Conditions
Matthews may revise these legal terms and conditions at any time and from time to time by updating this posting on the Site. You should visit this page from time to time to review the then current legal terms and conditions because they are binding on you. Certain provisions of these legal terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
Binding Arbitration / Class Waiver
You and Matthews agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, the Site and any order for any product or services from Matthews) (each a “Claim”), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
Trial by Jury
To the extent allowed by law, each of you and Matthews waive any right to trial by jury in any Dispute.
Indemnity
By using the Site, you agree to indemnify and hold Matthews, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claims, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your improper use of the Site; (b) any User Content provided or used by you; or (c) your violation of these Terms.
Force Majeure
Matthews shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the U.S. or foreign Customs for inspection, or any other circumstance or cause beyond the reasonable control of Matthews in the conduct of its business.
Choice of Law; Legal Jurisdiction
The foregoing legal terms and conditions supersede any other agreement between you and Matthews to the extent necessary to resolve any inconsistency or ambiguity between them. The le gal terms and conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws or if you are visiting from inside the European Union with laws of Germany without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this web site shall be brought only in the courts of the Commonwealth of Pennsylvania or a United States District Court of Pennsylvania. Once again, use of this web site indicates your express agreement with the application of these legal terms and conditions, including, but not limited to, this jurisdiction clause. A printed version of these legal terms and conditions shall be admissible in judicial and administrative proceedings based upon or relating to these legal terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In the event one of the elements and/or terms of the foregoing legal conditions is deemed illegal, null or in applicable for whatever reason, it will no longer be considered part of the conditions of use, but it will not affect the validity or application of any other provision of the foregoing legal terms and conditions.