The following terms and conditions (the “Terms and Conditions”) govern your use of the website (this “Site”) of International Engineering & Manufacturing, Inc. (the “IEM”), and any services contained within the Site. These Terms and Conditions include our Privacy Policy and supplemental terms and conditions (“Supplemental Terms”) that will govern your use of specific IEM services (“Additional Services”).
By using or downloading any materials from this Site, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
1. Copyrighted Information and Copyright Agent.
Please note that the pages on the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, documents (as defined below), software or other materials (collectively hereinafter referred to as the “Materials”) contained on any page within this Site are copyrighted by IEM or a third party (hereinafter collectively referred to as the “Copyright Holder”). Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the copyright notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of IEM. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to IEM, the Copyright Holder, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license under any Copyright Holder’s intellectual property rights. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. IEM MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including any applicable Supplemental Terms), any reproduction, distribution, replication or retransmission of any information contained on this Site without the prior written consent of IEM is strictly prohibited.
2. Privacy Policy.
At no point will your personal information be leased, rented, or sold by IEM or anyone associated with this website. IEM reserves the right to use any information collected, without limitation regarding the use and sharing of personal information provided in connection with the use of the services offered on this website, to use this information for future campaigns in cooperation with current SPAM laws.
3. Disclaimers and Limitation on Liability.
(A) DISCLAIMER OF WARRANTY. See our Product Warranty section.
(B) DISCLAIMER OF ACCURACY. IEM DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. PRODUCT AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IEM IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED. THE USER HEREBY ACKNOWLEDGES THAT IEM IS IN THE BUSINESS OF PRODUCTION AND SALE OF TRACTION CONTROL PRODUCTS AND THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. THE USER SHOULD ALWAYS CONTACT IEM DIRECTLY IN ORDER TO VERIFY ANY AND ALL INFORMATION ON THIS WEBSITE IS CURRENT AND ACCURATE.
(C) LIMITATION ON LIABILITY. NEITHER IEM NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
4. Links to Third Party Sites.
Any other web sites that are accessible via any link on this Site are not under the control of IEM. IEM is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. IEM provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply IEM endorsement of the site, the organization operating such site, nor any products or services of that organization.
5. References to Products or Services.
Information published by IEM on the Site may contain references or cross references to IEM products or services that are not announced or available in your country. Such references do not imply that IEM intends to announce such products or services in your country. Please contact us for more information regarding the products and services that may be available to you.
6. User Input.
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and IEM shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, IEM shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other IEM publications, and developing, manufacturing, and marketing products using such information. IEM shall have no obligation to compensate the contributor of such information in any manner.
7. Governing Law; Venue for any Proceedings.
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any IEM products or IEM services offered on or accessed via the Site, shall (i) be governed by Michigan State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of Michigan located in Midland County, and you hereby submit to the jurisdiction of said court.
8. Complete Agreement; Changes to the Terms and Conditions.
These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. IEM shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
9. Trademarks.
The Woody’s logo, and other logos and titles are registered trademarks or service marks of International Engineering and Manufacturing, Incorporated. Nothing contained in the Site should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of IEM or other trademark owners.
10. Indemnification.
You agree to defend, indemnify, and hold harmless IEM, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions, including without limitation, the supplemental terms and conditions. IEM shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
11. Termination.
IEM may terminate this agreement at any time. Upon termination, you agree to cease all use of this Site. Without limiting the foregoing, IEM shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which IEM, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions.