Company provides the Web Sites as a service to its customers. Please review the following basic terms that govern your use of our Site. Please note that your use of our Web Sites constitutes your agreement to follow and be bound by those terms (the “Agreement”). If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of the Web Sites and thereby bypass this Agreement, your use of the Web Sites still binds you to the terms. We may from time to time change the terms that govern your use of our Web Sites. Since Company may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
All content included on the Web Sites, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of Company or its content suppliers and protected by international copyright laws. The compilation of all content on the Web Sites is the exclusive property of Company and protected by domestic and international copyright laws. All software used on the Web Sites is the property of Company or its software suppliers and protected by domestic and international copyright laws.
Company’s graphics, logos, page headers, button icons, scripts, product packaging and service names are trademarks, registered trademarks, word marks or trade dress of the Company in the United States and all other applicable territories. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the Company’s products. All other trademarks not owned by Company that appear on the Web Sites are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Company.
Web Site Contents
Occasionally there may be information on the Web Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause. You understand and accept that all materials, including text, images, illustrations, designs, icons, photographs, video clips and other materials that are part of the Web Sites (collectively, the “Contents”) are owned by the Company. You are expressly prohibited from using any Content without the express written consent of the Company. The Web Sites and all Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Web Sites or any related software. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials.
User Content, Comments, Content, Feedback, & Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “User Content”) shall be and remain the Company’s property. Such disclosure, submission or offer of any User Content shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Company is and shall be under no obligation (1) to maintain the User Content or any portion thereof in confidence; (2) to pay user any compensation for any User Content; or (3) to respond to any User Content. You agree that the User Content submitted by you to the Web Sites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no User Content submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Content you submit. You agree that all User Content submitted in connection with any Company-sponsored sweepstake, contest or promotion will be considered User Content for purposes of these Terms and Conditions, unless and except to the extent expressly superseded by the specific rules of such sweepstake, contest or promotion.
You will not use the Web Sites to:
Links to Other Websites and Services
The Web Sites may contain links to other websites that are not affiliated with Company or otherwise under the control of Company. Company has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Company provides the links solely for the convenience and information of its Web Site users.
Programs and Promotions
The Web Sites may contain or offer programs, sweepstakes, contests or other promotions (each, a “Promotion,” which may be governed by a separate set of rules that describe the Promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the Company and/or sponsor’s requirements of you in connection with the applicable Promotion.
Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotion or any portion thereof, or to disqualify any individual implicated in any of the following actions, if for any reason: (i) the Promotion or any Website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of Promotion entries in accordance with the applicable rules, or (ii) the Promotion is otherwise not capable of running as planned. By entering any Promotion, you agree to release and hold harmless Company, any affiliated sponsor, and each of their parent, subsidiary companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, and their officers, directors, employees, shareholders and agents, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in the Promotion or acceptance, delivery or use of any prize awarded in connection with such Promotion. The Released Parties are not responsible or liable for any incorrect or inaccurate Promotion entry information, and assume no responsibility for (i) typographical or other errors in the printing of the promotion materials or the offering or announcement of the prizes, (ii) any error, omission, interruption, defect or delay in operation or transmission at any Website, (iii) failure of any Promotion Entry to be received by Company due to technical problems, telephone service problems, printing errors, human error or traffic congestion on the Internet or at any Website, (iv) communications line, hardware and/or software failures, (v) damage to any computer (software or hardware) resulting from participation in the Promotion, (vi) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or information, or (vii) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof). By entering, you agree to comply with any and all rules, including the above, associated with any such Promotion.
Disclaimer of Warranties
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE, AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITES, ANY OF THE WEB SITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITES OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Disclaimers/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, VIDEO, FILM OR OTHER CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
YOU RECOGNIZE AND CONFIRM THAT THE WEB SITES DO NOT PROVIDE MEDICAL ADVICE, INFORMATION OR RECOMMENDATION OF ANY KIND AND COMPANY EXRPESSLY DISCLAIMS THAT IT IS PROVIDING ANY SUCH ADVICE, INFORMATION OR RECOMMENDATION. THE STATEMENTS ON THE WEB SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
BY ACCESSING ANY OF THE WEB SITES, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.
You agree to defend, indemnify and hold Company and third party service providers who develop/host the Web Sites and their affiliates and their respective officers, directors, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Web Sites.
This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Web Sites, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Company, you must promptly destroy all materials, downloaded or otherwise, obtained from the Web Sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
THESE TERMS AND CONDITIONS AND THE INTERPRETATION OF THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Jurisdiction and Venue