legal notices
COPYRIGHT. Copyright © 1997-99 Zatkoff Seals & Packings. All
rights reserved. The content of this Web Site may not be copied, replaced,
distributed, published, displayed, modified, or transferred in any form or by
any means except with the prior permission of Zatkoff Seals & Packings
("Zatkoff"). Copyright infringement is a violation of federal law subject to
criminal and civil penalties.
LIMITATION OF WARRANTY. The data
and information contained in this Web Site are believed to be accurate, BUT ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall Zatkoff be liable for any
damages of any kind whatsoever, including any special, indirect, or
consequential damages, relating to the use of this site. Zatkoff recommends only
those applications for its products that are specified in its catalogues or
other company literature, and hereby disclaims any liability for uses other than
those specified. The products are warranted, if at all, only according to their
terms and conditions of sale.
LINKS TO THIRD PARTY SITES. Any
links provided herein may allow the user to leave this site. The linked sites
may not be under the control of Zatkoff, and Zatkoff shall not be responsible for
the content of any linked site or link contained in a linked site. Zatkoff may
provide these links as a convenience only, and the inclusion of any link does
not imply an endorsement by Zatkoff of that site.
USER ACCESS. Zatkoff may
at any time, in its sole discretion: (1) revoke the access of any user to this
Site; (2) modify, change, withdraw, or delete this site and/or any of these
conditions of use in whole or in part.
TRADEMARK. "Zatkoff,"
"Zatkoff Seals & Packings," and/or other Zatkoff names or products referenced herein are
either trademarks or registered trademarks of Zatkoff Seals & Packings. Other
product or company names mentioned herein may be the trademark of their
respective owners.
SOFTWARE. Any software ("Software") that may be made
available to download from the server of this Site may be the copyrighted work
of Zatkoff and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). The Software is made available for
downloading solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ZATKOFF HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TERMS OF SERVICE
LICENSE to ZATKOFF. By posting messages, uploading files,
inputting data, or engaging in any other form of communication through this
service, you are granting Zatkoff and its affiliated entities a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
(1)
Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly
perform or display any such communication.
(2) Sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the communication.
The foregoing grants shall
include the right to exploit any proprietary rights in such communication,
including but not limited to rights under copyright, trademark, servicemark,
patent laws or the law of ideas under any relevant jurisdiction.
DISCLAIMER. ZATKOFF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION.
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT ZATKOFF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL ZATKOFF, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ZATKOFF
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE ZATKOFF SOFTWARE OR SITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
THE SITE.
BULLETIN BOARDS. This service may include bulletin
boards and chat rooms ("bulletin boards") which allow feedback to Zatkoff and
real-time interaction between users. Zatkoff does not control the messages,
information or files delivered to bulletin boards. It is a condition of your use
of the bulletin boards and this Site that you do not:
(1)
Restrict or inhibit any other user from using and enjoying the bulletin boards.
(2) Post or transmit any unlawful, anticompetitive, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law.
(3) Post or transmit any information, software
or other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary right, or derivation
works with respect thereto, without first obtaining permission from the owner or
right holder.
(4) Post or transmit any information, software or
other material which contains a virus or other harmful component.
Post, transmit or in any way exploit any information, software or other material for
commercial purposes, or which contains advertising, other than for the business
purposes of Zatkoff and its affiliates.
You understand that Zatkoff has no obligation to monitor the bulletin boards. However, Zatkoff reserves the right at
all times to disclose any information posted by you or any other user as
necessary to satisfy any law, regulation or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
that in Zatkoff's sole discretion are objectionable or in violation of these
terms and conditions
LIMITATION OF LIABILITY. Under no
circumstances, including, but not limited to, negligence, shall Zatkoff, its
subsidiary and parent companies or affiliates be liable for any direct,
indirect, incidental, special or consequential damages that result from the use
of, or the inability to use Zatkoff materials. You specifically acknowledge and
agree that Zatkoff is not liable for any defamatory, anticompetitive, offensive,
or illegal conduct of any user. If you are dissatisfied with any Zatkoff
material, or with any of Zatkoff's terms and conditions, your sole and exclusive
remedy is to discontinue using the Site.
TERMINATION. This
agreement is effective until terminated by Zatkoff, at any time without notice.
In the event of termination, you are no longer authorized to access the bulletin
boards, and the restrictions imposed on you with respect to material downloaded
from the bulletin boards, the disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
INDEMNIFICATION. You
agree to defend, indemnify and hold harmless Zatkoff, its parents, affiliates,
licensees and their respective directors, officers, employees and agents from
and against all liabilities, claims, damages, and expenses, including attorneys'
fees, arising out of your use of the Site, or your violation or alleged
violation of the terms of this Agreement.
OTHER. This agreement
shall be governed by and construed in accordance with the laws of the State of
Michigan without giving effect to any principles or conflicts of law. If any
provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions.
PRIVACY STATEMENT. Zatkoff is committed to respecting
your privacy. We recognize your need for reasonable control of personally
identifiable information that you share with Zatkoff. Personally identifiable
information is any information that is associated with your name.
Zatkoff will not sell your personally identifiable information to others. Zatkoff is
committed to giving you the choice of whether or not your information can be
used for additional purposes.
Zatkoff is committed to ensuring the
security of your information. Credit card numbers are only used for processing
payment and are not used for other purposes.
|
|