USE OF SITE
Company provides this Website for visitors, users, and current and future customers of Company who wish to learn more about Company’s products and services (“Offerings”), and to enable you to contact us regarding our Offerings.
SITE CONTENTS AND OWNERSHIP
The information contained on this Website, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of Company and are protected by copyrights, trademarks, trade dress and other proprietary rights. You may display, download, and print portions of this Website solely for the purposes of using this Website for the uses described above. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Materials. Except as provided in these Terms, Company does not grant you any express or implied right in or to the intellectual property of Company, including, without limitation, any patents, trademarks, trade dress or copyrights.
DISCLAIMER OF WARRANTY
Neither Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Company does not warrant reliability of any statement or other information displayed or distributed through the Website. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Company may make any other changes to this Website, the Materials and the Offerings provided in this Website at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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 APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIMS
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website at any time in its sole discretion.
As a convenience to you, Company may provide on this Website links to Websites operated by other entities (collectively the “Linked Websites”). If you use any Linked Websites, you will leave this Website. If you decide to visit any Linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Company. The content, accuracy, opinions expressed, and other links provided by Linked Websites may not be investigated, verified, monitored, or endorsed by Company. Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Website, other than linked information authored by Company. Except for links to information authored by Company, Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Website; (ii) any information and/or content found on any Linked Website; or (iii) any Website(s) linked to or from any Linked Website. If you decide to visit any Linked Websites and/or transact any business on them, you do so at your own risk. Company reserves the right to discontinue any Linked Website at any time without prior notice.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
These Terms are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law principles. Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent or Ottawa Counties, Michigan, as determined by Company in its sole discretion, for any disputes with Company arising out of your use of this Website.
These Terms constitute the entire agreement between Company and you with respect to this Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to this Website. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.