Terms and Conditions

ML TECH Terms of Use

The ML Tech website is comprised of various Web pages and services developed, operated, and hosted by ML Tech IP, Inc. (“ML Tech”). The ML Tech Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ML Tech Web Site constitutes your agreement to all such terms, conditions, and notices. Please review these Terms of Use (“Terms”) carefully. ML Tech reserves the right, at its sole discretion, to change, modify and/or add to these Terms, in whole or in part, at any time. ML Tech will provide you with notice of any material changes, but you should review these Terms periodically to become aware of any changes.

Conditions of Use

You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms. You affirm that you are over the age of 16, as the ML Tech Web Site is not intended for children under 16.

You warrant that you will not use the ML Tech Web Site to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of ML Tech, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You further warrant that you will not use the ML Tech Web Site or any information found on it to stalk, harass, abuse, defame, threaten, or defraud any individuals; collect or store or personal information about others; or post offensive, lewd, or pornographic materials.

ML Tech reserves the right to monitor your use of the ML Tech Web Site. You acknowledge and hereby consent to such monitoring. ML Tech reserves the right to terminate your access to and use of the ML Tech Web Site for violation of these Terms.

To use certain features or services, ML Tech may require you to agree to other Terms by clicking on a button or checking a box. In the event that the “click-through” agreements differ from the Terms, the terms of the click-through agreement will alter the Terms solely with respect to matters governed by the click-through agreement.

Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference.

Intellectual Property and Restrictions on Use of Information and Content

All information and content provided through the ML Tech Web Site (including, but not limited to, the structure and graphical user interface of the ML Tech Web Site itself), whether explicitly marked or not, is the property of ML Tech and is subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement in the ML Tech environment.

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements, including the ML Tech name (collectively, “marks”), whether explicitly marked or not, used on the ML Tech Web Site are owned by ML Tech and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

ML Tech grants you a personal, non-transferable and non-exclusive license to access and use the ML Tech Web site and the information contained on the site. However, such license is in effect only so long as you do not, and do not allow any third party to copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, modify, sell, transfer, alter, or otherwise use any information, software, services, content or marks available on the ML Tech Web Site in any form or by any means for any commercial use, including by using any information storage or retrieval system, without the express written permission of ML Tech. You may not disassemble, decompile, reverse engineer, reconstruct, discover, reuse or modify any source code or underlying algorithms of any information, software, services or content available on the ML Tech Web Site. You may not use ML Tech’s marks in connection with any product or service that is not ML Tech’s, or in any manner that is likely to cause confusion. Nothing in these terms or conditions or on the ML Tech Web Site grants, or should be construed as granting, any rights with respect to any marks.

You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information or content available on the ML Tech Web Site, or reproduce or circumvent the navigational structure or presentation of the ML Tech Web Site, without ML Tech’s express prior written consent. You must not interfere with or disrupt the operation of the ML Tech Web Site or the servers or networks used to make the ML Tech Web Site available, or policy of such servers or networks.

Nothing contained in these Terms or on the ML Tech Web Site shall confer or be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest (a) of any third party or with respect to any third-party information, software, services or content; or (b) of ML Tech or with respect to any ML Tech information, software, services or content, except as expressly set forth above.

Any use of the information, content or marks available on the ML Tech Web Site that does not comport with these Terms shall be an unauthorized use and shall subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.

Accounts

Certain functions and services on the ML Tech Web Site will require the creation of an account to use. In creating your account, you agree to provide true, current, accurate, and complete information as prompted by the registration form (“Customer Data”); and maintain and punctually update the Customer Data, as it may be required, to keep the data accurate and current.

Submissions

We welcome your comments regarding the ML Tech Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “submissions”) sent to ML Tech shall be and remain the exclusive property of ML Tech. Your tender of any such submissions shall constitute an assignment to ML Tech of, and you hereby assign and agree to assign to ML Tech, all worldwide rights, titles and interests in all copyright and other intellectual property rights in the submissions. ML Tech will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

User Content

ML Tech is not responsible for content appearing on the ML Tech Web Site that is generated and published by users (“User Content”). User Content is not controlled or monitored by ML Tech, and thus, ML Tech does not guarantee the accuracy, quality, or integrity of any User Content. By using the ML Tech Web Site, you may be exposed to User Content that you find offensive, indecent, or otherwise objectionable. ML Tech will not be liable in any way for any User Content under any circumstances. ML Tech reserves the right, but has no obligation or duty, to monitor any user’s use of or access to the ML Tech Web site.

By uploading User Content, you expressly warrant that you are responsible for transmission and publication of the User Content, and that, as such, ML Tech bears no liability, in any capacity, for the User Content you own and/or control. You further warrant that any such User Content does not infringe on or otherwise violate the rights of any third party. You may not upload, post, transmit, or otherwise make available User Content through the ML Tech Web Site that is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual; harasses another person; advocates for the harassment of another person; sexually exploits another individual; violently exploits another individual; contains nudity, violence, offensive, or lewd subject matter; provides the telephone number, street address, last name, email address, or any other sensitive personal information of anyone except you; is false or misleading; or promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory.

Third-Party Sites

The ML Tech Web Site may link to Web sites not owned or controlled by ML Tech or other Internet resources. ML Tech neither controls nor has reviewed or approved the content that appears on these sites and is not responsible for the legality, accuracy or appropriateness of any such content. You acknowledge and understand that ML Tech does not endorse or sponsor such other third-party Web sites or other Internet resources and ML Tech expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services, or advertised products or services found on or related to any such third-party Web site or other Internet resources.

Your participation, correspondence or business dealings with any third party found on or through the ML Tech Web Site regarding payment and delivery of specific goods and services, privacy policies, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ML Tech shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of such dealings.

You are not required to transact business with any third parties to use the ML Tech Web site.

Disclaimer of Warranties and Limitation of Liability

YOU USE THE ML TECH WEB SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THE ML TECH WEB SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION, WARRANTY OR UNDERTAKING IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT BY ML TECH AND NO LIABILITY IS ACCEPTED BY ML TECH FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE INTERNET IS NOT A COMPLETELY RELIABLE TRANSMISSION MEDIUM, AND ML TECH SHALL NOT BE LIABLE FOR ANY DATA TRANSMISSION ERRORS SUCH AS DATA LOSS, DAMAGE OR ALTERATION OF ANY KIND.

IN NO EVENT WILL ML TECH, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE ML TECH WEB SITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE ML TECH WEB SITE OR THE INFORMATION, SOFTWARE, SERVICES OR CONTENT THEREOF, EVEN IF ML TECH, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT PARTNERS, LICENSORS, LICENSEES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ML TECH WEB SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION.

Without limiting the above disclaimers, ML Tech, its subsidiaries, affiliated companies, joint partners, investors, licensors, licensees and service providers: (1) make no warranties or representations whatsoever concerning the ML Tech Web Site, the availability or use of the ML Tech Web Site, the information and content from whatever source posted on or referred to in the ML Tech Web Site, or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, the ML Tech Web Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the ML Tech Web Site is, or the information, software, services or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, the ML Tech Web Site will be available or not withdrawn at any time and make no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through the ML Tech Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

ML Tech’s failure to maintain the ML Tech Web Site as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, natural disasters, acts of terrorism, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms.

Indemnity

You agree to indemnify, defend, and hold harmless ML Tech, its affiliates and licensors, and the officers, partners, employees, and agents of ML Tech and its their affiliates and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use, or attempted access or use, of the ML Tech Web Site.

Enforceability and Governing Law

Your access to and use of the ML Tech Web Site and these Terms are governed by the laws of the State of Delaware and disputes arising from or related to your access to and use of the ML Tech Web Site shall be adjudicated exclusively in a forum located in the State of Delaware. The ML Tech Web Site is controlled and offered by ML Tech from its facilities in the United States of America. ML Tech makes no representations that the ML Tech Web Site is appropriate or available for use in other locations. Those who access or use the ML Tech Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

In the event any provision or portion of these Terms is held to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions and/or portions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT, THROUGH THIS AGREEMENT, YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION.

Questions About Our Terms of Use

If you have questions about the ML Tech Web Site or these Terms, please feel free to contact us at: hello@mltech.ai or 1 E. Erie St., Suite 525 #300, Chicago, IL 60611.

Last updated: November 2021