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Terms of Use

General

Welcome to the Mohawk-cable.com website.  By accessing or using our website, you agree to comply with and be bound by (i) the following terms and conditions concerning your use of the website ("Terms of Use Agreement"), and (ii) our Privacy Policy.  Please review the following terms carefully. If you do not agree to these terms, you should not access this website.  For purposes of this Terms of Use Agreement, the terms "Mohawk" or “we” or "our" refers to Mohawk, an unincorporated division of Belden CDT Networking, Inc.  The term "you" refers to the user or viewer of our website.

We may revise the Terms of Use Agreement and/or Privacy Policy at any time without notice to you.  You may use our website for lawful purposes only.

You may download, view, copy, and print materials (including without limitation documents and videos) from this website, however, you will be subject to the following: (a) the materials (and any information contained therein) must be used solely for purposes of promoting Mohawk and its products and services; and (b) the materials may not be modified or altered in any way. You may not otherwise copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information, documents, or other materials from this website in whole or in part without the express written authorization of Mohawk.

Mohawk does not warrant the accuracy or completeness of the materials or information provided on this website, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.  Product documentation is subject to change without notice. Changes, if any, will be incorporated in new editions of these documents. Mohawk may make improvements or changes in the products or programs described within the documents or web pages at any time without notice. Mention of products or services not manufactured or sold by Mohawk is for informational purposes only and constitutes neither an endorsement nor a recommendation for such products or services.

This website IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Mohawk DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, non-infringement of third party rights, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.  Mohawk DOES NOT WARRANT THAT ACCESS TO the website WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Mohawk shall have no liability arising from or related to your operation and/or use of (or inability to use) the Website or the materials/information contained thereon.  Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable to you under certain circumstances.

It has been and remains Mohawk’s policy not to accept or consider ideas, suggestions or materials other than those that Mohawk has specifically requested from you. Accordingly, Mohawk does not want you to, and you should not, send any confidential or proprietary information to Mohawk through this website unless specifically requested by Mohawk. Please note that any unsolicited information or material sent to Mohawk will be deemed not to be confidential or proprietary.   

Terms and Conditions Specific to Documents

Documents and other materials provided by Mohawk on the website are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable to you under certain circumstances.

Link Disclaimer

Links to other websites are provided only as a reference and as a courtesy to Mohawk partners (MACs, distributors, consultants) as well as other companies that provide relevant information. Mohawk does not make any representations that the link to another website will function properly or that the linked website will be operational or contain the information suggested.  All external links to other websites do not constitute an endorsement of products, services or information provided by such other websites. Further, the inclusion of links to other websites does not imply that the other websites have given permission for inclusion of these links, or that there is any relationship between Mohawk and the linked websites. Mohawk is not responsible for the privacy practices or the content of others websites. Mohawk hereby disclaims any representations or warranties expressed on any website other than our own.

Security  

The Mohawk website has security measures in place in order to protect against the loss, misuse and alteration of the information under our control.  Despite our use of these security measures, you understand and agree that no data transmission over the internet can be guaranteed to be 100% secure.  As a result, while we strive to protect your personal information, we, unfortunately, cannot guarantee or warrant the security of any information you transmit to or from our website.   YOU HEREBY RELEASE AND FOREVER DISCHARGE MOHAWK AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO, THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR INFORMATION OR ANY CONSEQUENCES RESULTING THEREFROM.

Copyright

The content, organization, graphics, design, compilation, digital conversion and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. Copies of the materials on these web pages may not be reprinted or republished in any form without the express written permission of Mohawk. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.

Trademarks

We reserve all of our rights to all of the graphic image and text, any other images, our trade names and trademarks, and any intellectual property rights. Mohawk trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of Mohawk. 

Limitation of Liability

To the extent permitted by applicable law, in no event will Mohawk be liable to you or any other person or entity for any actual, general, direct, indirect, special, incidental, punitive, consequential (including, without limitation, loss of use, loss of profits or revenues, loss of property (including data), damages resulting from use of or reliance on the information presented, or cost of replacement goods), or any other damages or losses arising out of the use of the Mohawk website and/or any materials, products, or services contained or referenced therein, even if Mohawk is informed in advance of the possibility of such damages.

Indemnification and Release

By accessing the Mohawk website, you agree to indemnify and hold harmless mohawk AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS from any and all claims, suits, actions, demands, damages, liabilities, losses, and expenses, including attorneys’ fees, arising from or related to (i) your use of our website and/or any materials, services, or products available through our website, and/or (ii) your breach of this terms of use Agreement.  In addition, you hereby release Mohawk AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO (i) your use of our website, and/or (ii) any materials, services, or products made available on our website. You hereby agree to waive all laws that may limit the efficacy of such releases.

Changes to the Website

Mohawk has the right at any time to change or discontinue any aspect or feature of this website.  Mohawk expressly disclaims any obligation to keep the contents of this website up to date or free of errors or viruses, or to maintain uninterrupted access to this website.

Governing Law; Venue

This Terms of Use Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.  If any provision of this Terms of Use Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.  Any cause or action relating in any manner to this Terms of Use Agreement or your use of this website shall be brought and tried exclusively in the United States District Court for the Eastern District of Missouri or in the state Circuit Court for St. Louis County, Missouri.  For purposes of any such cause or action, you expressly consent to personal jurisdiction in the State of Missouri and to venue in the aforementioned Missouri federal and state courts.  

Waiver 

The failure of Mohawk to exercise or enforce any right or provision of this Terms of Use Agreement shall not constitute a waiver of such right or provision. 

Entire Agreement 

This Terms of Use Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings, and agreements between the parties with respect to the subject matter hereof. The parties acknowledge and agree that neither of the parties is entering into this Terms of Use Agreement on the basis of any representations or promises not expressly contained herein. 

Terms of Use Agreement Version 1.0Posted March 2009