Terms of Use

The website located at minutemendirect.com (the “Site”) is a copyrighted work belonging to Minutemen, Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Minutemen grants you access to the Site and all services provided in connection with the Site, conditioned on your acceptance of the terms, conditions, and notices contained herein, the Privacy Policy, and any additional terms posted on the Site (collectively “Terms of Use” or “Terms”). You agree that Minutemen may modify these Terms at any time and from time to time, with or without notice to you, and your continued use of the Site after such modifications signifies your agreement to be bound by such modifications. When you access, use, or browse the Site, you accept, without limitation or qualification, these Terms. Therefore, you are encouraged to read these Terms of Use, including Minutemen’s Privacy Policy carefully. If you decline to accept these Terms as written, you must exit the Site immediately and discontinue any use of any services from the Site.

1. ACCESS TO THE SITE

1.1 Authorized Users. You may access and use the Site, and any services provided therein, if you are at least 18 years old and an authorized user pursuant to the following criteria: 1) you are a current employee in good standing of Minutemen or one of its affiliates; 2) you are seeking employment with Minutemen or one of its affiliates; 3) you are a representative of a current customer of Minutemen; or 4) you are a representative of a business entity seeking to become a customer of Minutemen. You agree that you will provide true, current, complete, and accurate information as requested on any forms, including but not limited to registration forms, employment application, and new client inquiry. If you are a representative of another individual or entity, you represent and warrant that you have authority to provide the information and bind the individual or entity to these Terms of Use. You also represent and warrant that you are and will be in compliance with all applicable laws and regulations, including without limitation laws and regulations related to the collection, use, disclosure, and storage of personally identifiable information, and you are and will be in compliance with all contractual obligations relating to same. You agree Minutemen is not and will not be responsible or liable for any errors or delays in responding to inquiries or other request caused by any incorrect, outdated, or inaccurate information provided by you or any technical problems beyond our control. You acknowledge and agree, notwithstanding the foregoing, that Minutemen may, in its sole discretion, suspend or discontinue your access to and use of the Site, for any reason, and take any other necessary or appropriate actions in case of technical problems, objectionable material, false, misleading, unlawful, or inaccurate postings to the Site.

1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: you shall not (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site in any form or by any means; (e) use the Site to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity; (f) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software, applications, or programs; or (g) restrict or prevent any other user of the Site from using the Site. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

1.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You acknowledge that Minutemen has no obligation to monitor the Site, and has no obligation to display or post any content submitted by you or any other user. Minutemen reserves the right to review any content, and remove, delete, redact, or otherwise modify any content. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

1.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

1.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s licensors, and is protected by patent, copyright, and other intellectual property laws, and may not be used except with Minutemen’s express written permission. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. Company and its licensors reserve all rights not granted in these Terms. Content owned by a Minutemen licensor may be subject to additional restrictions. There are no implied licenses granted under these Terms. To notify Minutemen of claimed copyright infringement in accordance with applicable copyright law, please contact Minutemen, Inc., c/o Information Technology, 3740 Carnegie Avenue, Cleveland, Ohio 44115.

2. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

3. THIRD-PARTY LINKS & ADS; OTHER USERS

3.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

3.2 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

4. DISCLAIMERS THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

5. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

6. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2 through 1.5 and Sections 2 through 7.

7. GENERAL

7.1 Changes. You agree Minutemen may modify these Terms from time to time, with or without notice to you. These changes will be effective immediately for all users of our Site. Continued use of our Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification, as if you signed them.

7.2 Dispute Resolution. If any controversy, dispute, or claim arising out of or related to your use of the Site (including any service available on the Site) or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in Cuyahoga County, Ohio, in accordance with the then-current Commercial Rules of the American Arbitration Association. However, Minutemen will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer, or sale of any intellectual property rights. These Terms of Use and the relationship between you and Minutemen will be governed by the laws of the State of Ohio, USA, without giving effect to principles of conflict of laws of any jurisdiction.

7.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

7.4 Disclosures. Company is located at the address in Section 7.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

7.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

7.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

7.7 Copyright/Trademark Information. Copyright © 2024 Minutemen, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.

7.8 Contact Information:
Minutemen, Inc.
3740 Carnegie Avenue
Cleveland, Ohio 44115
Telephone: 216-472-1465