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Geering Broach & Spline, Inc. Website Use Agreement
INTRODUCTION
The following Website Use Agreement ("Agreement")
informs you of the terms, conditions, disclaimers, and policies (collectively,
"Terms") that apply to your use of the Geering Broach & Spline, Inc (www.geeringbroach.com.)
and its subsidiaries and affiliates.
PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE GEERING BROACH &
SPLINE, INC SITE.
This Agreement is a binding contract between you and Geering Broach & Spline,
Inc. By accessing and using our Site, you agree to the Terms of this Agreement.
If you do not agree to these Terms, you may not use the Geering Broach & Spline
website.
RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials contained on the
Geering Broach & Spline, Inc. website are protected by copyright and/or
trademark laws, and are the property of Geering Broach & Spline, Inc. , third
party licensors, or other parties that have license agreements or other
relationships with us.
LINKING POLICY
Links to Third Parties
The Geering Broach & Spline site may contain links to websites that we
determine may be of interest to our visitors (collectively, "Linked Site").
These websites may offer educational, governmental, or other resources or may be
owned or controlled by other third parties.
We are not responsible for the content of any Linked Site, any link(s) contained
in any Linked Site, or any changes or updates to the information contained in
such sites. Geering Broach & Spline, Inc. provides links to third party
sites solely for the information and convenience of our users and the inclusion
of any such link on the Geering Broach & Spline, Inc site does not imply
Geering Broach & Spline, Inc. endorsement of either the Linked Site, the
organization operating such site, or any products or services of that
organization. A visit to any site or page from our web site via any such link is
done entirely at your own risk.
We strongly recommend that you carefully review any terms and conditions,
privacy policies, or other notifications that may be found on any Linked Site.
Under no circumstances will Geering Broach & Spline, Inc be held responsible or
liable, directly or indirectly, for any loss or damage that is caused or alleged
to have been caused in connection with the use of, or reliance on, any content,
goods or services available on any Linked Site.
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PERSONALLY IDENTIFIABLE INFORMATION
The Geering Spline & Broach, Inc site contains a
form where businesses and consumers can submit personally identifiable
information (such as name, mailing address, phone number, or e-mail address)
about themselves in the context of submitting a company registration (e.g.,
retailer registration, privacy online registration), comment, complaint, request
for information or other similar request. Geering Spline & Broach, Inc does not
solicit this information and is not responsible for the accuracy of any
Personally Identifiable Information ("PII"). The Geering Spline & Broach, Inc
use of PII is strictly governed by the Geering Spline & Broach, Inc Privacy
Policy, which can be found at
http://www.geeringbroach.com /privacy.htm. By using the Geering
Spline & Broach, Inc site or submitting PII on the Geering Broach & Spline
website, you hereby provide Geering Spline & Broach, Inc your affirmative and
unambiguous consent to use your information in accordance with our Privacy
Policy. The Geering Spline & Broach, Inc Privacy Policy may change from to time.
Please check it frequently to ensure that you are aware of these changes.
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DISCLAIMER/LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE GEERING BROACH &
SPLINE WEB SITE IS AT YOUR SOLE RISK. THE GEERING BROACH & SPLINE, ALL MATERIALS
ON THE GEEERING BROACH & SPLINE, INC WEB SITE, AND ALL PRODUCTS AND SERVICES
OFFERED VIA THE GEERING BROACH & SPLINE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WE NOR ANY OF OUR RESPECTIVE
AGENTS OR CONTRACTORS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE GEERING BROACH
& SPLINE, INC SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE GEERING BROACH & SPLINE, INC WEB SITE OR THE SERVER
THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE AGENTS OR CONTRACTORS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICES,
PRODUCTS OR MATERIALS ON THE GEERING BROACH & SPLINE, INC SITE WITH RESPECT TO
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE GEERING BROACH & SPLINE INC. WEB
SITE OR MATERIALS OR FUNCTIONS ON THE GEERING BROACH & SPLINE SITE,
REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT LIABILITY IS FOUND DESPITE THIS PARAGRAPH, THE TOTAL LIABILITY
OF GEERING BROACH & SPLINE AND/OR ANY OF ITS AGENTS, CONTRACTORS, OR EMPLOYEES
TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE SHALL BE LIMITED TO $5.00.
Applicable law may not allow the disclaimer or exclusion of implied warranties
or of incidental or consequential damages, so the above disclaimers and
exclusions may not apply to you.
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INDEMNIFICATION
You hereby agree to indemnify and hold harmless GEERING
BROACH & SPLINE, its subsidiaries, affiliates, officers, directors, agents, and
employees, from any expense, loss, claim, damage, fine, penalty or liability,
including reasonable fees for attorneys and other professionals, payable under
any judgment, verdict, court order or settlement, to the extent resulting from
any claim, demand, action, suit, arbitration, or other proceeding initiated by
any third party, including the assessment, claim or demand by a governmental
agency or entity, arising out of your breach of this Agreement, including any
claims arising out of your link to the GEERING BROACH & SPLINE webite, if
applicable.
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MODIFICATIONS
GEERING BROACH & SPLINE reserves the right, at our
sole discretion, to modify, add, or delete portions of this Agreement at any
time. Modifications shall be effective immediately when posted to this page.
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TERMINATION
This Agreement is effective until terminated by either
you or us. You may terminate this Agreement at any time by discontinuing use of
the GEERING BROACH & SPLINE Site and destroying all materials obtained
from the GEERING BROACH & SPLINE web site and all related documentation and all
copies and installations thereof, whether made under the Terms of this Agreement
or otherwise.
We may immediately terminate this Agreement with respect to you (including your
ability to access the GEERING BROACH & SPLINE Site) at any time, without cause
and without notice to you in our sole discretion. Upon termination, you must
cease use of the GEERING BROACH & SPLINE web site and destroy all materials
obtained from the GEERING BROACH & SPLINE Site and all copies thereof,
whether made under the Terms of this Agreement or otherwise.
GEERING BROACH & SPLINE also reserves the right to take any other actions
that we, in our sole discretion, believe to be in the best interest of the
GEERING BROACH & SPLINE or other users of the GEERING BROACH & SPLINE Site as a
whole.
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ARBITRATION
Any and all disputes, controversies and claims arising
out of or relating to this Agreement or concerning the respective rights or
obligations of the parties hereto shall be settled and determined by arbitration
in the city of Warren MI before a panel of one (1) arbitrator pursuant to
the Commercial Rules then in effect of the American Arbitration Association.
Judgment upon the award rendered shall be binding on the parties and may be
entered in any court having jurisdiction. The parties agree that the party
filing the arbitration shall bear the filing fees of the arbitration. The
parties further agree that the arbitrator shall have the power to award damages,
injunctive relief and reasonable attorneys' fees and expenses to any party in
such arbitration, subject to the limitations set forth in this Agreement.
Neither party may seek a judicial review of any decision of the arbitrator.
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GENERAL PROVISIONS
This Agreement shall be governed in accordance with the
laws of the State of Michigan, without regard to its rules regarding choice or
conflict of laws. Should a provision of this Agreement require interpretation,
it is agreed that the court, arbitrator, agency, individual or entity
interpreting this Agreement shall not more strictly construe the terms herein
against GEERING BROACH & SPLINE. The waiver by GEERING BROACH & SPLINE of
a breach of any provision of this Agreement shall not be construed as a waiver
of any subsequent breach. In the event that any of the provisions of this
Agreement are held to be unenforceable by a court or arbitrator, the remaining
portions of the Agreement will remain in full force and effect, but only to the
extent that giving effect to the remaining provisions hereof shall be in
accordance with the intent of the GEERING BROACH & SPLINE.
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