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Conditions of Use |
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Conditions of Use ... PLEASE
READ THESE TERMS AND CONDITIONS OF USE. By using this site, you signify
your agreement with these Terms and Conditions of Use. If you do not
agree to these terms and conditions, please do not use or further
access this site.
MINORS.
You agree to supervise usage by, and be responsible for the actions of,
any minors who use your computer to access this site. By providing
information or placing an order, you represent and warrant that you are
at least thirteen (13) years of age.
PRIVACY
AND PROTECTION OF PERSONAL INFORMATION. See Our Privacy Policy,
incorporated herein by this reference, for complete information
relating to the collection and use of your personal information.
MODIFICATION
OF THESE TERMS OF USE. We reserve the right to change the terms and
conditions under which this site is offered by making changes to these
Terms and Conditions of Use. You are responsible for regularly
reviewing these Terms and Conditions of Use. Your continued use of this
site constitutes your agreement to all such terms and conditions.
LINKS
TO OTHER SITES. This site may contain images of and links to other web
sites that are independently run sites outside of our domain. We have
no control over or responsibility for the content of such independent
sites, which have their own privacy and data collection practices and
terms of use, independent of our site. We provide these links to you
only as a convenience. Neither these sites, nor any content available
through links to and from them, are screened, reviewed or endorsed by
our company. We has no liability for any damages caused by the use or
inability to use such third party sites.
TRADEMARKS,
COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS. Rather than
indicating every occurrence of a trademarked name as such, this web
site uses the names only in an editorial fashion and to the benefit of
the trademark owner with no intention of infringement of the trademark.
The
entire content on this web site (including, but not limited to, design,
images, text, audio and video clips, data, graphics, links, computer
code, and other content and material) is copyrighted under the United
States and other copyright laws and is the property of our company. The
copyrighted material includes some works that are licensed to us. In
addition, some of the content on this web site is protected by
trademark, privacy, and publicity laws.
The
content on this web site is provided solely for your information,
entertainment and educational use. It shall not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without our
express written permission. You shall not use in any manner any of the
content from this web site on any other web site, online service or
networked computer environment.
Subject
to any expressly stated limitations on this web site, however, you may
download or print portions of the content or trademarks on this web
site on a single home computing device solely for your personal,
non-commercial use, provided that you keep intact all copyright,
trademark or other proprietary notices. Any other use is prohibited. We
will at all times retain complete ownership of the content and
trademarks on this site.
NO
UNLAWFUL OR PROHIBITED USE. You shall not use this site for any purpose
that is unlawful or prohibited by this agreement, or in any manner that
could damage, disable, overburden, or impair or interfere with any
other party's use and enjoyment of this site. You shall not attempt to
gain unauthorized access to any accounts, computer systems or networks
through hacking, password mining or any other means, or interfere with
or modify in any manner the appearance or operation of this site. You
shall not obtain or attempt to obtain any materials or information
through any means not intentionally made available through this site.
DISCLOSURE
OF INFORMATION. We reserve the right at all times to monitor your use
of this site and to disclose any information as we deem necessary to
satisfy any applicable law, regulation, legal process or governmental
request or to protect its rights or a third party’s safety.
DISCLAIMER
OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE PROVIDED "AS IS."
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE
AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION
OF LIABILITY. IN NO EVENT WILL OUR COMPANY BE LIABLE TO YOU FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES
RESULTING FROM YOUR USE OR INABILILTY TO USE THIS SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL
APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED
TO, TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN
NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SO THESE
MAY NOT APPLY TO YOU.
INDEMNIFICATION.
You agree to defend, indemnify and hold our company and any of its
officers, directors, employees, agents and affiliates harmless from and
against any and all claims, actions, liabilities, costs or damages
asserted by any third party arising from or related to your use of this
site or conduct in connection therewith, or otherwise arising from or
related to your use of this site. You further agree to pay our
reasonable attorneys' and expert witness fees and costs arising from
any actions or claims hereunder and those incurred in establishing the
applicability of this paragraph.
SEVERABILITY.
Should any part or portion of this agreement be found or held to be
invalid or unenforceable, then the meaning of said provision shall be
construed, to the extent feasible, so as to render the provision
enforceable, and if no feasible interpretation would save such
provision, it shall be severed from the remainder of this agreement,
which shall remain in full force and effect unless our obligations
hereunder are materially impaired.
GOVERNING
LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights and
liabilities of the parties arising out of or relating to this agreement
or your use of this web site will be governed by the laws of the state
of Michigan, exclusive of choice of law rules. Any legal action arising
out of or relating to this agreement or your use of this web site will
take place in the state or federal courts in the state of Michigan and
nowhere else. In any such legal action, the substantially prevailing
party will be entitled to recover reasonable attorneys' fees incurred
in the preparation for and prosecution or defense of such action as
fixed by the trial court or appellate court. You agree that any cause
of action arising out of or related to this site must commence within
one (1) year after the cause of action arose; otherwise, such cause of
action is permanently barred.
ENTIRE
AGREEMENT. This constitutes the entire agreement between you and our
company regarding the access and use of this web site.
TERMINATION.
We reserve the right to terminate or modify this agreement at any time.
All provisions regarding the protection and ownership of our
intellectual property, disclaimer of warranties, limitations of
liability, governing law, and attorneys' fees will survive termination. |
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