Conditions of Use
Legal and Terms of use:
We offer this website, subject to the following terms and conditions
("Agreement"). Please read this Agreement carefully before using this website.
By using this website, you accept the terms and conditions set forth in this
Agreement. If you do not agree to the terms and conditions set forth in this
Agreement, you must not use this website. We may at any time, at our sole
discretion, update and revise this Agreement by posting an amended Agreement on
this website; any changes that we make to this Agreement will be effective
immediately upon posting. Please check this page periodically for changes to the
Agreement; you will be able to determine if this Agreement has been changed
since your previous visit by viewing the "Last Updated" information that appears
at the top of this Agreement. Your use of this website following the posting of
any changes constitutes acceptance of those changes.
You must be at least 21 years of age to use this website. If you are not at
least 21 years old, you must not access or use this website.
This website's terms and conditions are directed to residents of the United
State.
Code of Conduct. While using this website and/or the Site Materials, you agree
not to:
Restrict or inhibit any other visitor from using this website, including,
without limitation, by means of "hacking," "denial of service" attacks or
defacing any portion of this website;
Use this website or the Site Materials for any unlawful or unauthorized purpose;
Express or imply that any statements you make are endorsed by us, without our
prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable,
or infringes on our or any third party's intellectual property or other rights;
(b) any material, non-public information about us, any of our licensees or
affiliates, or any third party without the authorization to do so; (c) any trade
secret of ours, any of our licensees or affiliates, or any third party; or (d)
any advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer,
decompile, or disassemble any portion of this website or the Site Materials;
"Frame" or "mirror" any part of this website without our prior written
authorization;
Tamper in any way with the software or functionality of this website, including,
without limitation, transmitting or posting any software or other materials to
this website that contains any viruses, time bombs, Trojan horses, worms, cancel
bots or other computer programming routines that may damage, interfere with,
intercept, or expropriate any system, data, or information;
Harvest or collect information about visitors to this website without their
express consent;
Create a database by systematically downloading and storing all or any of the
information on this website;
Make postings of a commercial nature; or
Permit others, including those whose accounts were terminated, to access this
website through your account, username or password.
In addition, while using this website and/or the Site Materials, you agree to
comply with all applicable laws, rules, and regulations.
Links. This website may contain links to other Internet websites and
online resources. Links on this website to other websites or resources shall not
be construed as endorsement, control, review or approval of such other websites
by us. You acknowledge and agree that we shall not be held responsible for the
legality, accuracy, or inappropriate nature of any content, advertising,
products, services, or information located on or through any other websites, nor
for any loss or damages caused or alleged to have been caused by the use of or
reliance on any such website or content. Further, the treatment of user data by
the operators of third party websites may be different from our treatment of
user data. For details regarding such operators's treatment of data about users,
you must review their privacy policies or terms and conditions of use or contact
them for this information.
Use of "Cookies" and Other Tracking Technologies. We may use cookies and
other technologies to facilitate and track your use of services offered on this
website and in connection with our e-mail communications. For more information
on our use of such technology, please see the privacy policy accessible via a
link provided at the bottom of the homepage of this website.
Accuracy of Information. Although we strive to ensure the accuracy of the
information found on this website, neither we, nor our affiliates, licensees,
suppliers, or agents, can be held responsible by you for the accuracy of such
information. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all information provided on this website.
Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT
OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN,
FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A PARTICULAR PRODUCT
OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND
OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN,
FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A PARTICULAR PRODUCT
OR SERVICE, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED
THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES,
SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE
MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY
PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD
TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR
OWN RISK.
Conflicts. In the event a conflict arises between any information posted
on this website, this Agreement, and/or any contract you have with us, the terms
of your contract with us will prevail over this Agreement and the information
posted on this website, and this Agreement will prevail over information posted
on this website.
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU
AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS,
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF
BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE,
OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN
CONNECTION WITH:
THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR
ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND
ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS,
INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS,
EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE;
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE,
POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME
(USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS,
FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION
BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER
YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO
PROVIDE SERVICES OR GOODS IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH,
THIS WEBSITE; OR
LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF
THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD
PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS
CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE
MATERIALS, AS APPLICABLE
Void Where Prohibited. Although this website is accessible worldwide, not
all products or services discussed or referenced in this website are available
to all persons or in all geographic locations or jurisdictions. In addition,
restrictions may apply to use of products or services obtained in one
jurisdiction in other jurisdictions. Those who choose to access this website
from locations outside the United States or Canada do so on their own initiative
and at their own risk, and are responsible for compliance with local laws, if
and to the extent local laws are applicable. You may not use or export the Site
Materials or products and services available through this website in violation
of U.S. export laws and regulations. We, and our affiliates, licensees,
suppliers and agents, reserve the right to limit the availability of this
website and/or the provision of any product or service to any person, geographic
area or jurisdiction it so desires, at any time and in our sole discretion.
Applicable Law. Except to the extent expressly provided otherwise herein,
this Agreement (including any of our policies referred to herein) shall be
governed by and construed in accordance with the laws of the State of Michigan
in the United States. Specifically excluded from application to this Agreement
is that law known as the United Nations Convention on the International Sale of
Goods. If you are a citizen or resident of the United States, a U.S.
commonwealth or a U.S. territory, or if you are accessing this website from the
United States, or if a dispute action arises from your access to or use of the
U.S. version of this website, you hereby agree that any disputes arising under
or in connection with this Agreement, this website, any products and services
related to this website and/or the Site Materials shall be submitted for
resolution to either the U.S. District Court for the District of Michigan
located in the City of Hastings in Michigan or a state court located in Barry
County in Michigan, and you hereby waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
This Agreement has been written in English, and you waive any right you may have
under any laws to have this Agreement written in any other language. You
represent that you have the ability to read and write in English and you have
read and understood this Agreement. If this Agreement is translated into a
language other than English, the English version and interpretation shall govern
and prevail. All communications between the parties hereunder shall be in
English.
Other General Provisions. We reserve the right to immediately terminate
your access to and use of this website or any portion thereof, or to eliminate
any content, feature or service of this website, at any time and for any reason,
with or without cause. Headings found in this Agreement are for reference only.
A party's failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
This, together with any of our policies referred to herein, is the entire
Agreement between you and us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral Agreements
between you and us regarding the same subject matter (except other written,
fully-executed contracts between you and us). Neither the course of conduct
between you and us, nor trade practice shall act to modify any provision of this
Agreement. If any provision of this Agreement is held to be invalid or
unenforceable, such determination shall not affect such provision in any other
respect or any other provision of this Agreement, which shall remain in full
force and effect. This Agreement is not assignable, transferable or sub
licensable by you except with our prior written consent.
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