Effective Date: June 29, 2018
Using the Sites
Subject to applicable law, company reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the availability, or discontinue any offering of, any product, service or promotion; and (b) impose further conditions on your use of the Sites.
Your use of the Sites may require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account. We reserve the right to take such action in our discretion to help ensure the security of the Sites, including, without limitation, terminating an account.
Use of the Sites on Mobile Devices
You are solely responsible for any damage to or technical difficulties that arise from your use of the Sites on your mobile device. Company cannot and does not warrant that the Sites will work as anticipated on every device. Moreover, company cannot and does not warrant that the Sites will be free from errors resulting in data interruptions, data loss, or other malfunction.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND AGENTS (COMPANY AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “COMPANY-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, OR INFORMATION CONTAINED WITHIN THE SITES OR ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF OR RELIANCE UPON ANY INFORMATION OBTAINED BY OR THROUGH THE SITES.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABL LAW, COMPANY-RELATED PARTIES’ TOTAL MAXIMUM LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, OR INFORMATION CONTAINED WITHIN THE SITES OR ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF OR RELIANCE UPON ANY INFORMATION OBTAINED BY OR THROUGH THE SITES SHALL BE LIMITED TO THE AMOUNTS YOU PAID TO COMPANY IN THE PREVIOUS TWELVE (12) MONTHS GIVING RISE TO YOUR CLAIM(S).
THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, COMPANY-RELATED PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
You agree and acknowledge that use of the SITES is without warranty of any kind and that the access to and use of the SITES is provided ON AN “AS IS” and “as available” basis, to the full extent permissible by applicable law. All warranties are hereby disclaimed, including but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties based on custom or practice. Applicable law may not allow the above exclusion of IMPLIED warranties, so the exclusion may not apply to you and shall apply only to the maximum extent allowed by law. no advice or information, whether oral or written, obtained by any user from COMPANY or the SITES shall create any warranty not expressly stated herein.
for the avoidance of doubt, and without limiting the foregoing, COMPNAY cannot and does not represent or warrant that the operation of the SITES, THEIR serverS, or user content will be ACCURATE, COMPLETE, error-free, uninterrupted, TIMELY, SEcure, free from viruses and other harmful components, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
Additional Disclaimer Related to Third-Party Content and Links to Third-Party Sites
We may display on the Sites user content, information, instructions, videos, services, products, functionality and other materials or content from third parties, and links to third-party sites. The appearance of such materials or content and external hyperlinks generated by third parties does not constitute endorsement by company of information contained in such materials, content, or of any content of the linked third-party site, and company does not verify or take responsibility for the accuracy, currency, completeness, or quality of said content, including without limitation the content contained on these sites. Therefore, company shall not be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON OR THROUGH THE SITES, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
By submitting any comment, idea, suggestion, response to questionnaires or other material to company or through the Sites, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by company will not infringe on or violate the rights of any third party.
Trademarks and Copyrights
Notices and Electronic Communications
Applicable Law and Jurisdiction
422 W. Eleven Mile Road
Royal Oak, Michigan 48067