Terms and Conditions of Use Agreement
1. General Use of the Site
MoreSteam.com is a leader in Six Sigma quality solutions, and provides tools and information relating to process improvement and, project management lean enterprise methodologies. This web site and the services offered through the site are acquaint visitors with MoreSteam. MoreSteam provides free of charge, and as a courtesy only, access to various process improvement information and project tools, including a file-sharing feature (referred to throughout this Agreement as "Free Tools"). In addition, MoreSteam serves as an on-line order entry point for MoreSteam's training, data analysis and project tracking products, information and customer support/consulting services (referred to throughout this Agreement as "Products" and / or "Services"). The information and content contained at www.MoreSteam.com are provided for web users' convenience only.
2. Binding Effect
Anyone who uses or accesses this site is bound by the terms of this Agreement. All those who do not wish to be so bound or do not assent to the terms herein do not have permission to access this web site. By accessing this Web site, you and any other individual accessing this site through the password and user ID provided to you agree to the terms and conditions set forth in this Terms and Conditions of Use by virtue of your (their) access and use of this web site. If you do not wish to consent to these Terms and Conditions of Use, please delete any and all content derived and/or retained from this site, and exit this site. Use of this site and acceptance of these terms is made by your voluntary actions, for which you bear all risk and responsibility.
3. Restricted Access; Security
Upon registering as a user of MoreSteam, you will receive a password and user ID. You are responsible for maintaining the confidentiality of the password and ID and are responsible for all activities that occur under your password and ID. You agree to immediately notify MoreSteam via email to support@MoreSteam.com of any unauthorized use of your password or account, and ensure that you exit from your account at the end of each session. MoreSteam has taken reasonable steps to keep data housed on the site secure, including password protection. MoreSteam does not, however, guarantee the security or integrity of the site or of any data housed on the www.moresteam.com site.
4. User Content; Free Tools
You acknowledge and agree that you are entirely responsible for all content, including data entered for analysis and tracking through the Free Tools, that you post, upload or otherwise transmit to the MoreSteam site. You agree that the Free Tools are provided for convenience only. We welcome constructive feedback to improve our process, but the Tools are FREE, so don't complain too vigorously.
5. Provided "As Is"
The Editors of MoreSteam have made a good faith effort to present only accurate information. However, errors may appear throughout this web site. MoreSteam presents the information on this web site for web users as a convenience only. MoreSteam has no duty to locate, identify, or correct any errors, or to notify you regarding any possible errors. You shall not hold MoreSteam responsible for your reliance upon the information presented at the MoreSteam site. No guaranty of accuracy or effectiveness of the advice or consultation is intended by the presentation or sale of the content of, or the Free Tools, Products or Services available at, this web site. You agree that MoreSteam will not be held liable for the consequences that may arise from your access to, use of, or reliance upon, the content, Free Tools, Products or Services. You cannot expect that your use of this Web site will be confidential or secure, or that communications with MoreSteam will be either confidential or secure. This web site is provided "AS IS" and without any warranty of any kind. (See warranty below.)
6. Laws, Regulations, and Rules
MoreSteam makes every reasonable effort to comply with the laws, regulations, and rules applicable within the United States and does not warrant or infer any compliance with other countries' provisions. Compliance with the provisions of countries outside of the United States is the responsibility of an individual web user. You are subject to any local laws applicable to your use of the site or agree to comply with such laws.
7. Availability and Access
MoreSteam cannot and does not warrant that this web site and the information provided herein is, nor will be, absolutely accessible at all times, or from all places; or that access will be granted on pre-established terms or by previously established means. You agree that no liability will attach to MoreSteam if this web site or its content, including any data input by you into the Free Tools and retained on the site for common access by you and other users (such as project data), becomes unavailable or inaccessible for any reason whatsoever. You agree that the risks of relying on access to this web site or the content on it are your sole responsibility.
8. User Information and Privacy
9. Consent to Monitoring and Disclosure
MoreSteam has no duty or obligation to monitor communications or access in respect of this web site. However, MoreSteam retains the right to monitor communications or access if it deems necessary or desirable. In addition, MoreSteam may monitor if (1) it is done to protect the interests of MoreSteam; (2) MoreSteam is required to do so by lawful act of any government body; (3) it is done to protect your interests or the interests of any third party.
You shall not package, sell, duplicate, appropriate, copy, or exploit any portion of this web site or access to any part of it for any purpose, except you may access, download and print one copy of MoreSteam's Microsoft Excel Templates and Forms and use the Templates and Forms for your own use. MoreSteam retains all rights in, including copyrights to, these Templates and Forms. The user may print one copy of any page for your personal use only, but not for distribution. MoreSteam retains all rights in, including copyrights to, all web pages and site content. You agree that mere objection by MoreSteam shall suffice for finding a violation of this section.
For your convenience, MoreSteam includes hyperlinks on this web site to other web sites. MoreSteam does not control, edit, endorse, adopt, or sponsor any of the linked web sites and is not in any way responsible for any of the content that such web sites may contain. You acknowledge and agree that no affiliation, endorsement, or sponsorship of any linked web site is intended or will be inferred from the provision of any hyperlink from this web site.
MoreSteam Privacy, and Terms and Conditions of Use Agreements for this web site cover your use of this web site only and do not apply to your use of linked web sites. You must visit the linked web sites' terms or policy pages to understand how use of those web sites will affect you.
Any visitor or web-master that refers or directs others to this web site using hyperlinks or other methods agrees to link only to the www.moresteam.com homepage. No hyperlink to this web site may be presented in a way that suggest that MoreSteam is affiliated with or related to your web site, or in any way sponsors, adopts, recommends or endorses your organization, web site, or the content therein. Note: This provision does not apply if you have an express, written agreement with MoreSteam that specifies otherwise.
12. No Framing or Incorporation
No permission is granted for incorporation of this web site or its contents into any other web site by in-lining, framing, or similar method unless such permission is otherwise granted by express, written agreement with MoreSteam.
13. No Unauthorized Access or Use
You may review the content of this web site, using an ordinary browser or similar means, in the manner such review is ordinary made and plainly intended by MoreSteam. You may make use of the Free Tools, and may enter and retain data in these Free Tools. You may order Products and/or Services via this web site. No person or entity may make unauthorized use of this web site or access it in any manner that MoreSteam deems contrary to this Agreement. You may not post messages or store data files on this site that could be deemed objectionable in any way by MoreSteam or any of its users.
Use of this web site to disrupt, control, alter, overload, rewrite, interrupt, deconstruct or reverse engineer this web site or MoreSteam equipment; or to represent, misrepresent, imitate or impersonate MoreSteam; or to frustrate or obstruct MoreSteam's goals and communications in any manner is recognized as a serious violation of this agreement. Any entities or individuals, directly or indirectly, intentionally or unintentionally, responsible for such action or result, without regard to the degree of involvement of participation, agrees to be and shall be held jointly and severally liable for any and all damages or injuries that MoreSteam deems to have resulted from such an act or consequence. Users who make unauthorized access to or use of this web site will provide remedy to MoreSteam for such unauthorized access as MoreSteam requires without regard to legal or equitable defenses or claims against third parties. Any objectionable content found by MoreSteam will be deleted.
14. Intellectual Property
MoreSteam vigorously defends its intellectual property rights. All content and information on this web site is the property of MoreSteam unless otherwise specified and is fully protected under the laws of the United States and other sovereign nations. MoreSteam hereby claims, and is entitled to, the fullest extent of protection possible under the laws of any sovereign. Such protection includes, but is not limited to: trade secret law; duties of confidentiality and loyalty; limits imposed by contract, and; the law of trademarks, service marks, copyrights, patents, and torts. By the terms of this Agreement, you agree that MoreSteam will be regarded as enjoying such protection without regard to legal and equitable arguments that such protections should not apply.
MoreSteam claims the fullest copyright protection under US, foreign and international law for all content, Free Tools, Products and Services on or relating to this web site. You agree to respect MoreSteam's claim to such copyright protection. All copyrightable subject matter appearing on this web site is protected by a copyright owned by MoreSteam unless otherwise indicated. This material may be used for personal, non-commercial use only and all copyrights notices must be preserved on any copy of this web site or any portion of it. You may not construe the presentation of material on this web site as a license of any kind unless otherwise specified.
As provided by the Digital Millennium Copyright Act, Title 17 U.S.C. Section 512(c)(2), MoreSteam expressly provides ready means for advising or alerting MoreSteam of actual or possible copyright infringement occurring on or through this web site. To alert MoreSteam of infringement send an email to support@MoreSteam.com or send notice by mail 596 Enterprise Drive, Suite B, Lewis Center OH 43035. The notice must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and e-mail; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent.
16. Trademarks/Service Marks
MoreSteam has registered for and owns the following marks:
MoreSteam; MoreSteam.com; EngineRoom; Traction; Sigma Sim and The Engine Room of Continuous Improvement.
The foregoing and other marks are the property of MoreSteam. These marks may be used only by MoreSteam or by such parties that MoreSteam may license or expressly authorize. No entity, individual, or web user is authorized to use any MoreSteam trademarks without the express written consent of MoreSteam.
All names, logos, service marks, and trademarks appearing on this web site are the property of MoreSteam unless otherwise specified.
MoreSteam reserves the right to update, edit, change, delete, discontinue, or otherwise alter any or all of the content of this web site, the Free Tools, its Products and/or its Services as it sees fit, without notice or regard to the effect on any other party. MoreSteam does not have any duty whatsoever to update, maintain, or change the content of this web site for any reason.
18. Disclaimer of Duty
You agree that no duties, obligations, liability or responsibilities, whether legal, equitable, or otherwise, arise out of MoreSteam's presentation or maintenance of the this web site or any of the content at this web site.
19. DISCLAIMER OF WARRANTY
Errors may appear throughout this web site, however, MoreSteam has no duty to locate, identify or correct any errors or to notify you regarding any possible errors. You cannot expect that your use of the MoreSteam web site will be confidential or secure or that communications with MoreSteam will be confidential or secure.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THIS WEB SITE. YOUR USE OF THIS WEB SITE IS MADE AT YOUR OWN RISK. ACCESS TO THIS WEB SITE IS PROVIDED ON AS 'AS IS ' AND 'AS AVAILABLE ' BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NOTHING IN THIS WEB SITE CONSTITUTES ADVICE OR INFORMATION COVERED BY ANY WARRANTY OF ANY SORT. CONTENT ON THIS WEB SITE MAY CONTAIN ERRORS, VIRUSES, OR INACCURACIES AND MAY BE OUTDATED. NO WARRANTY IS MADE THAT THIS WEB SITE WILL BE ACCESIBLE OR AVAILABLE FROM ANY PLACE, OR AT ANY TIME. THE CONTENT OF THIS WEB SITE MIGHT NOT BE UPDATED, FILTERED, OR CORRECTED. CONTENT AVAILABLE AT THIS WEB SITE MAY BE HARMFUL, OR MAY BE ILLEGAL WITHIN ANY JURISDICTION. YOU AGREE THAT RESPONSIBILITY FOR THE LEGALITY OF ANY CONTENT HEREIN IS THE RESPONSIBILITY OF THE ENTITY OR INDIVIDUAL ACCESSING THE SITE AND NOT OF MORESTEAM.
MORESTEAM DOES NOT WARRANTY ITS PRODUCTS, SOFTWARE, PERIPHERALS, ACCESSORIES, TRAINING MATERIALS, FREE TOOLS OR ANY OTHER PRODUCTS OR SERVICES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY OR NONINFRINGEMENT. MORESTEAM DOES NOT GUARANTY THE ACCURACY OR EFFECTIVENESS OF ITS PRODUCTS OR SERVICES OR FREE TOOLS. SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THIS WEB SITE AND FOR ALL USE OF THE FREE TOOLS. NO PARTY SHALL MAINTAIN THAT MORESTEAM, ITS AGENTS, LICENSERS, OR AFFILIATES IS LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF THIS WEB SITE. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF THIS WEB SITE, ITS CONTENT, LINKS TO OTHER WEB SITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY INDIVIDUAL WEB USERS AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO MORESTEAM WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
FOR THOSE PRODUCTS AND / OR SERVICES THAT YOU PURCHASE FROM MORESTEAM, MORESTEAM'S TOTAL LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY, LATE DELIVERY OR NON-DELIVERY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR FREE TOOLS AND PRODUCT(S) AND / OR SERVICES SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, AND MORESTEAM WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. MORESTEAM HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY TO THE MAXIMUM AMOUNT PERMITTED BY SUCH LOCAL LAW.
You agree that you will indemnify, defend, and hold harmless MoreSteam and its directors, officers, agents, employees, partners, and affiliates for any claims or disputes arising out of, or involving, your access to or use of this web site including the Products Services and Free Tools. Indemnification shall include any and all fees and costs associated with responding or answering any claims or assertions against MoreSteam including, but not limited to: internal costs, agency fees, attorneys and experts, witnesses, document production and management, correspondence, travel, filing fees, employee pay and reimbursement.
22. Purchase Orders
Your order of MoreSteam Products and / or Services is an offer to purchase the Products and Services listed in your order, on the terms and conditions listed below, which terms and conditions are a contract between you and MoreSteam ("Purchase Order") when your order is accepted by MoreSteam via a confirmation that specifically references your order or when MoreSteam ships to you the Products or materials related to the Services you ordered, whichever occurs earlier. When you send your order to purchase Products or Services to MoreSteam, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Purchase Order.
This Purchase Order may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and MoreSteam.
23. Payment Terms
MoreSteam accepts only those credit cards mentioned on the product ordering screens as the payment options for your purchase. Your credit card will not be charged until the Products listed in your order are shipped or electronically transmitted. You will be charged for Services as set forth in a Services agreement accompanying MoreSteam's acceptance of a consulting engagement.
24. Shipping Charges; Customer Location
Separate charges for shipping will be added to the cost of the Products and Services materials. MoreSteam will only accept orders from billing and shipping addresses located within the 50 United States and the District of Columbia. MoreSteam reserves the right to limit quantities. MoreSteam is unable to deliver to PO, APO, or FPO boxes.
All applicable local, city, and state taxes are your responsibility to ascertain or calculate. You agree to pay these taxes.
If any Products require delivery to you, MoreSteam or its agent will ship the Products to you via UPS, Fedex, or US Postal Service with title and risk of loss passing to you upon MoreSteam's delivery of the Products to the first common carrier. Title to any applicable software will remain with the licensor(s).
27. Software License
All software is provided subject to the end user license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. If you don't agree to abide by the end user license agreement, you must return the software to MoreSteam, with the software unused, for a refund of your purchase price.
28. Section Titles
Sections of this Terms and Conditions of Use are organized and titled merely for convenient organization of the material herein and do not have any legal significance.
29. No Waiver
Any failure on the part of MoreSteam to enforce any of the terms of this Agreement is not a waiver of this Agreement or any portion of it. You agree that these terms shall be deemed in full effect even where MoreSteam does not enforce the terms, whether by election or by oversight.
Violations of the terms of this agreement may result in the refusal of your continued access to this web site without notice. Violations may also result in MoreSteam or another concerned party prosecuting civil or criminal remedies against you. You agree that MoreSteam will not be held liable for any claims from or against you arising out of that party's use of or access to this web site or any violations of these terms. Such parties will indemnify and hold harmless MoreSteam for any claims arising out of any such use or access. To report violations of this Agreement, send an email to support@MoreSteam.com.
MoreSteam may terminate or discontinue this web site, or any part of it, or your or any individual's access to this web site, at any time, for any reason, without notice or limitation.
This Agreement shall be governed by the laws of the state of Ohio, and any dispute relating to this Agreement shall be in the courts having jurisdiction over Lewis Center, Ohio.
33. Feedback, Information, Requests, Notice, and General Communication
To find out more about MoreSteam goods, product, and services, or if you merely desire to contact MoreSteam send an email to support@MoreSteam.com.