Last updated April 27, 2009.
- Acceptance of Terms
- Use of Application Services
Any Application Services that are made available via the Site are the property of CONTROLTEC. Use of such Application Services is governed by the terms of the application service provider and hosting agreement that accompanies these Application Services. If there is any conflict between the Terms and the application service provider and hosting agreement, the application service provider and hosting agreement shall take precedence in relation to that Application Service.
- Restrictions on Use of Content
The unauthorized copying, displaying or other use of any Content from this Site is a violation of the law. You acknowledge having been advised by CONTROLTEC that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, “Rights”). In addition to CONTROLTEC’s Rights in individual elements of the Content, CONTROLTEC or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for use in the regular course of your business of viewing and browsing through the Site. This permission terminates automatically if you breach any of the Terms. All use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may not be made without CONTROLTEC’s prior express written consent.
- Trademarks and Service Marks
There are a number of proprietary logos, service marks, trademarks, slogans and product and service designations found on the Site. By making them available on the Site, CONTROLTEC is not granting you a license to use them in any fashion. Access to the Site does not confer upon you any license under any of CONTROLTEC’s or any third party’s Rights.
- Linking to the Site
You may provide links only to the homepage of the Site, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the homepage, the Terms, or other notices on the Site; (ii) the links do not portray CONTROLTEC or any Content in a false, misleading, derogatory, or otherwise offensive manner; and (iii) you discontinue providing links to the Site if requested by CONTROLTEC. You may not use any CONTROLTEC logo or other proprietary graphic or trademark as part of the link without express written permission.
- User Postings
You acknowledge and agree that CONTROLTEC shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you upload, post, e-mail, transmit or otherwise make available through your use of the Site (“Submissions”). You hereby waive any and all claims against CONTROLTEC for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with CONTROLTEC’s use and publication of such Submissions. This means that anything submitted by you to the Site will be owned by CONTROLTEC and may be used by CONTROLTEC for any purpose, now or in the future, without any payment to, or further authorization by you. In the event CONTROLTEC’s ownership of such Submissions is successfully contested, you automatically grant CONTROLTEC a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose. CONTROLTEC does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any user of the Site, information provider or any other third party. CONTROLTEC expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. CONTROLTEC in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from the Site, in whole or in part, for any reason.
- Errors and Corrections
CONTROLTEC does not represent or warrant that the Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. CONTROLTEC does not warrant or represent that the Content available on or through the Site will be correct, accurate, timely, or otherwise reliable. CONTROLTEC may make improvements and/or changes to its features, functionality or Content at any time.
- Third Party Content
Third party content may appear on the Site or may be accessible via links from the Site. CONTROLTEC shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of CONTROLTEC.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONTROLTEC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONTROLTEC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THE SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE CONTENT.
- LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CONTROLTEC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CONTROLTEC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
You agree to indemnify, defend and hold harmless CONTROLTEC, its licensors, suppliers and any third party information providers to the Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
- Export Control Laws
You acknowledge and agree that products, services or technology provided by CONTROLTEC are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, reexport, or transfer CONTROLTEC products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
- Applicable Law
By using the Site, you agree that the laws of the State of Michigan, without regard to its conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and CONTROLTEC.
Any dispute relating in any way to your use of the Site or the Content shall be submitted to confidential arbitration in Oakland County, Michigan, except that, to the extent you have in any manner violated or threatened to violate CONTROLTEC’s Rights, CONTROLTEC may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
- Severability of Provisions
If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
CONTROLTEC’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- Contact Information
CONTROLTEC, LLC 999 Republic Drive, Suite 100 Allen Park, MI 48101 If you have any questions regarding these Terms, please contact us using the above address or by e-mail at: email@example.com.