1. Use of Site and/or
Service
2. Registration
Requirements
3. Account
Responsibility
4. Privacy and Release
of Information
5. User Conduct
6. Content
7. Site Security and
Conduct
8. System and Network
Security
9. Intellectual Property
Rights
10. Notification of
Claims of Infringement
11. Representations
12. Disclaimer of
Warranty
13. Links to Other
Website
14. Indemnity
15. Limitation of
Liability
16. Consequences of
Violation of Terms
Use
of Site and/or Service. This Website and Portal ("Site") and the
services provided ("Service") are maintained and operated by ZATKOFF
SEALS & PACKINGS ("us," “we,” “our,” or “Company”) with its princpal
office at 23230 Industrial Park Drive, Farmington Hills, Michigan 48335. ZATKOFF
SEALS & PACKINGS is in the business of manufacturing and distributing
seals, gaskets, and sealing products. Thus, we offer this Site for you to view
information and documents from us (collectively, “Content”) using our
interactive messaging capabilities (“Forums”), and to purchase our products and
Services. Please note that you must be of the age of consent in your jurisdiction
to use our Services and interact on our Site. If you breach any of the
provisions in these Terms of Service (“Terms”), your authorization to use this
Site or these Services automatically terminates.
We
reserve the right to change these Terms from time to time. If such changes are
considered material, we will inform you by email, and the changes will take
effect one month after sending the email. Your continued use of the Site or
our Services after such changes will act as your agreement to accept these
modified Terms. You are responsible to return to this Site from time to time
to review the most current Terms.
Registration Requirements. You may view
Content on the Site without registration. However, in order to participate in
Forums and use other advanced Services, you must register with ZATKOFF SEALS
& PACKINGS using a valid email address. In so doing, you agree that the
information you supply will be accurate and that you will not supply the email
address of, or register under the name of, another person. We reserve the
right to reject any username we deem offensive or inappropriate. You may not
register as a business or entity name.
Account Responsibility. You are solely
responsible for protecting your account from access by others. We encourage
you to select a hard-to-guess password and to not re-use that password across
other platforms.
While you can maintain multiple accounts, we
can and do track multiple accounts that originate from a single IP address as
one account. This means that if you violate the Terms severely enough to
warrant being banned from the Site and you have multiple accounts, then all
accounts from the same computer may also be banned. For this reason, we
recommend that you neither share your account information with others, nor
share the computers you use to access the Site with others.
Privacy and Release of Information. It is
our policy to not release your personal data to any third party except when you
instruct us to do so, or when it is legally required. When law enforcement
makes a lawful demand for personal data from us, we strive to limit the
disclosure. We will release only the specific data mandated by the relevant
legal demand. If compelled to disclose your personal data, we will promptly
notify you and provide a copy of the demand unless we are legally prohibited
from doing so.
User Conduct. You agree not to use this Site
for any of the following activities:
Offensive Posting
Posts of a patently offensive nature are not allowed.
This includes, but is not limited to:
Using vulgar,
profane, or sexually explicit language
Using race, religion,
sexual orientation, culture, ethnicity, handicap, nationality, or gender as a
means of insult
Using sexual
preference terms as a term of insult in any way, shape, or form
Using threatening,
harassing, defamatory, hate-speech, or libelous language
Posting or requesting
links to or material from pornographic, obscene, or hate-speech websites
Posting links to
websites with potentially offensive content without a clear warning
Descriptions or
details about any sexual act or sexual organs
Posting content from other websites
Any content you share or communicate via our Site must be
your original work. If it is owned by someone else, you must have
authorization from the owner. If you share or communicate content from
another source, please include a link back to the original content. Please
refrain from sharing or communicating private messages without a user’s
permission.
Flaming (Insulting Other Users)
Communications clearly insulting, calling out, provoking
or harassing other users, individually or as a group, directly or indirectly,
are not allowed. This includes, but is not limited to: Name-calling ("You
moron") Direct insults ("Screw you") Offensive orders ("Go
kill yourself") Insinuations ("Are you stupid?") or insults
towards family ("Your mom...")
Trolling (Inciting Flames)
Communications intended solely to annoy and/or offend
other users by going against the clear nature of the Forum are not allowed.
This includes, but is not limited to:
Provoking other users
to respond with flames
Constant
bickering/arguing
Making misleading
topic titles
Asking obviously
useless questions
Posting false
information as fact
Illegal Activities
Communications that violate or incite others to violate
the law are not allowed. This includes, but is not limited to, asking for or
providing, in any way, shape, or form:
Illegal copies of
copyrighted software
Methods of
circumventing copyright protection
Illegal copies of
copyrighted music, movies, videos, or any other type of media
Reprints of material
from other websites
Methods of cheating
in online games
Advertising
Communications that clearly advertise a
service or product are not allowed. Users may include a website address in a
signature, request comments on their personal site in a social setting, or
provide interesting or relevant links to another site.
Disruptive Communications
Communications that disrupt the Forums for
other users, intentional or not, are prohibited.
Impersonation
Users may be immediately banned (along with
any associated accounts) for impersonating other users by creating and/or using
an account with a name clearly intended to impersonate, mock, or antagonize
another user, or otherwise falsely claiming to be another user.
Harassment/Stalking/Privacy
Continual harassing behavior directed towards
a certain individual or group with the intent of creating an intimidating,
offensive, or hostile environment, with or without use of explicit or implicit
threats is strictly prohibited.
Unauthorized Access
Accessing or attempting to access any user
account not belonging to the rightful owner without permission is prohibited.
Bugs and Exploits
Using exploits or tricks in the Site code to
gain privileges, access, or abilities not clearly intended by the board design
is prohibited.
Usernames, Profiles, and Forms
Violating any of the above rules with a
username, any part of the user profile (signature, quote, email, IM), or via
feedback forms is prohibited.
Other
Any other activity that is clearly
detrimental to the flow of conversation and normal activities of our Site’s
users may be grounds for deleting the user’s account.
Content.
Ownership
Our sites include a combination of Content
that we create, that our partners create, and that our users create. All
materials we publish on our Site, including, but not limited to written materials,
photographs, graphics, images, illustrations, marks, logos, sound or video
clips, and Flash animation, are protected by our copyrights and trademarks or
those of our partners. You may not modify, publish, transmit, participate in
the transfer or sale of, reproduce, create derivative works of, distribute,
publicly perform, publicly display, or in any way exploit any of the Content on
our Site in whole or in part. If you would like to request permission to use
any of the Content on our Site, please send an email to legal@zatkoff.com.
Our Site is protected by copyright as a
collective work or compilation under the copyright laws of the United States
and other countries. All individual articles, materials, and other elements
comprising this Site are also copyrighted works.
By sharing or communicating on this Site, you
automatically grant us the right to use, copy, modify, adapt or publish the
content that you post, including for purposes of advertising and publicity, on
the Site and elsewhere and we are under no obligation to pay you for your
posting. By sharing or communicating content on this Site, you receive
consideration in terms of the publication of your post and the goodwill
surrounding your content.
You are solely responsible for all materials,
whether publicly posted or privately transmitted, that you upload, post, email,
transmit, or otherwise make available on our Site (“Your Content”). You
certify that you own all intellectual property rights in Your Content. You
hereby grant us, our affiliates, and our partners a worldwide, irrevocable,
royalty-free, nonexclusive, sublicensable license to use, reproduce, create
derivative works of, distribute, publicly perform, publicly display, transfer,
transmit, distribute, and publish Your Content and subsequent versions of Your
Content for the purposes of (i) displaying Your Content on our Sites, (ii)
distributing Your Content either electronically or via other media, to users
seeking to download or otherwise acquiring it, and/or (iii) storing Your
Content in a remote database accessible by end users, for a charge. This
license shall apply to the distribution and the storage of Your Content in any
form, medium, or technology now known or later developed, including print
publication.
Accuracy
Our Site contains Content that we create as
well as Content provided by third parties. We do not guarantee the accuracy,
the integrity, or the quality of the Content on our Site, and you may not rely
on any of this Content. Without limitation, we are not responsible for
postings by users.
You agree that neither we nor our sponsors or
affiliates are responsible for the accuracy of Your Content. We do not control
Your Content or the content posted by other users, and we do not guarantee the
truthfulness or quality of any such Content. You agree that while using our Site,
you may be exposed to content that is offensive or objectionable, and that you
will in no way hold us or our sponsors or affiliates liable in any way for any
harm or loss that may come to you or others as a result of viewing such Content.
Offensive Content
You may be exposed to Content that you find
offensive, indecent, or objectionable or that is inaccurate, and you bear all
risks associated with using that Content. We have the right, but not the
obligation, to remove any Content that may, in our sole discretion, violate
these Terms or that is otherwise objectionable. We are not responsible for
screening any user content before it is posted.
Site
Security and Conduct. Any Content we upload to this Site will be accessible to
all users of the Site. We have incorporated all reasonable and commercially
available measures to protect the Site from unauthorized access. Any
unauthorized commercial use of the Service is expressly prohibited. You agree
to comply with all applicable local, state, national, and international laws
and regulations and are solely responsible for all acts or omissions that occur
under your user ID or password.
System and Network Security. Violations of system or network
security are prohibited, and may result in criminal and civil liability. We
will investigate incidents involving such violations and may involve and will
cooperate with law enforcement if a criminal violation is suspected. You must
take reasonable security precautions in light of your use of the Service. You
are solely responsible for any breaches of security affecting the servers under
your control.
Intellectual Property Rights. The Service and this Site are
protected to the maximum extent permitted by copyright and trademark laws and
international treaties. The Content of this Site, and related pages, is
copyrighted property of COMPANY, or other suppliers credited as the provider.
You may not decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or
exploit for any commercial purposes, any aspect of the Site or the Service.
Notification of Claims of Infringement. If you believe that
your work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please notify
our agent for notice of claims of copyright or other intellectual property
infringement at:
[You will also have to register the domain name and DMCA
registered agent with the US Copyright Office in order to benefit from the safe
harbor.]
Designated Agent: Justin S.
Zatkoff, General Counsel
Address of Agent: 23230
Industrial Park Drive, Farmington Hills, Michigan 48335
Telephone: 248-478-2400
Fax: 888-231-8872
Email: legal@zatkoff.com
Please provide the following information:
1. Identify
the material on the Site that you claim is infringing in sufficient detail so
that we can find it;
2. Include
the specific statement that you have a good faith belief that the disputed use
you have identified is not authorized by the copyright owner, its agent, or the
law;
3. Include
the specific statement in which you declare, under penalty of perjury, that (a)
the information you have provided is accurate, and (b) that you are the owner
of the copyright interest involved or that you are authorized to act on behalf
of that owner;
4. Your
address, telephone number, and email address; and
5. Your
physical or electronic signature.
We will remove the infringing content according to the
procedures outlined in the Digital Millennium Copyright Act of 1998.
Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation
of fact or falsities in a written notification will automatically subject the
complaining party to liability for damages, costs and attorneys’ fees incurred
by us in connection with the written notification and your allegation of
copyright infringement.
Representations. You represent and warrant that you will not
hold us responsible for the quality, safety, or accuracy of the Content on the
Site. We provide no warranty or guarantee regarding the accuracy, timeliness,
performance, completeness or suitability of the information and materials found
or offered on this website for any purposes. You acknowledge that such
information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent
permitted by law. If you are aware of any relevant errors, inaccuracies, or
discrepancies, including pricing discrepancies please alert us at legal@zatkoff.com.
Disclaimer of Warranty. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY
DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE;
(ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR
(iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR
THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT
YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES,
OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
Links to Other Websites. The Site may contain links and
pointers to other websites that are maintained by third parties. Such links do
not mean that we endorse these third-party sites or any materials they
contain. Of course we do not control, and thus are not responsible for, the
availability, accuracy, privacy policy, or currency of such third-party sites
or any information, content, products or services accessible from such
third-party sites.
Indemnity. You agree to indemnify and hold us, our officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties in these Terms, or your violation of
any rights of another person or entity.
Governing Law. You further consent that this Agreement is
governed by and shall be construed in accordance with the laws of the State of Michigan,
U.S.A. without reference to its conflicts of law provisions. The United
Nations Convention on Contracts for the International Sale of Goods shall not
apply to this Agreement. You agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located in or having jurisdiction
over Oakland County, Michigan for any disputes arising out the use of this Site.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter that it describes. This Agreement supersedes
all prior proposals, negotiations, conversations, discussions and agreements
between the parties concerning the information it covers.
If, for any reason, a court of competent jurisdiction finds
any provision or part of a provision of this Agreement unenforceable, that
provision shall be enforced to the maximum extent permissible so as to affect
the intent of this Agreement. Any remaining provisions of the Agreement will
continue to be enforced with full effect.
Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE
SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE
OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR
ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of liability are not
permitted and some of the foregoing limitations may not apply to you.
Consequences of Violation of Terms. We may, without notice to
you, suspend your Service or remove Your Content transmitted via the Site if we
discover facts that lead us to reasonably believe the Site or Service is being
used in violation of these Terms. You agree to cooperate with our reasonable
investigation of any suspected violation of these Terms. We may attempt to
contact you prior to your suspension; however, prior notification is not
assured.