AHB Tooling & Machinery Terms and Conditions of Use
Please read these terms and conditions carefully before using this web site.
SITE CONTENTS AND OWNERSHIP
The operations, businesses, and properties described in this publication are owned or operated by AHB Tooling & Machinery or by various affiliates and subsidiaries of AHB Tooling & Machinery. The terms "AHB Tooling & Machinery" "company," "we," "our," and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships. As between AHB Tooling & Machinery and you, AHB Tooling & Machinery is the sole owner of all content on the Website including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. The copyright in the contents of the Website is owned by AHB Tooling & Machinery.
USE OF SITE
The contents of this Website may be used for informational, non-commercial purposes only. The Website is intended to provide information about AHB Tooling & Machinery and its affiliates to potential customers, business partners and employees. Such information about AHB Tooling & Machinery may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities. Except as otherwise provided in these Terms, you may not download, or save, modify or distribute a copy of the Website or any portion thereof for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. Otherwise, no part of the contents of this Website may be distributed, modified, transmitted, reused, reposted or otherwise used without the express permission of AHB Tooling & Machinery except as provided herein.
Unless specifically requested, AHB Tooling & Machinery does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to AHB Tooling & Machinery you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to AHB Tooling & Machinery you grant AHB Tooling & Machinery the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold AHB Tooling & Machinery and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.
DISCLAIMER OF WARRANTY
References on the Website to services and products or supplied software are provided by AHB Tooling & Machinery on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, AHB Tooling & Machinery specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. AHB Tooling & Machinery does not warrant or guarantee: (i) that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITIES
Under no circumstances, including, but not limited to, negligence, shall AHB Tooling & Machinery be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website or any other AHB Tooling & Machinery website, even if AHB Tooling & Machinery or a AHB Tooling & Machinery authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall AHB Tooling & Machinery total liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, AHB Tooling & Machinery liability shall be limited to the fullest extent permitted by law.
While AHB Tooling & Machinery uses reasonable efforts to include accurate and up-to-date information on the Website, AHB Tooling & Machinery makes no warranties or representations as to its accuracy. AHB Tooling & Machinery assumes no liability or responsibility for any typographical or other errors or omissions in the content. Using the Website indicates that you accept these Terms.
Linked sites are not under the control of AHB Tooling & Machinery and AHB Tooling & Machinery is not responsible for the contents of any linked site or any link contained in a linked site. AHB Tooling & Machinery provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by AHB Tooling & Machinery of the site. All links to this site must be approved in advance and in writing by AHB Tooling & Machinery. Trademarks AHB Tooling & Machinery, AHB Tooling & Machinery logo, AHB Tooling & Machinery market segments icons and the other icons and graphic symbols are trademarks and/or service marks of AHB Tooling & Machinery or various affiliates and subsidiaries of AHB Tooling & Machinery. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of AHB Tooling & Machinery. Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the site should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.
You agree to indemnify, defend, and hold harmless AHB Tooling & Machinery, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, AHB Tooling & Machinery may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in its sole discretion.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
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 conflict-of-law provisions. AHB Tooling & Machinery makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Macomb County, Michigan for any disputes with AHB Tooling & Machinery arising out of your use of this Website.
This Agreement constitutes the entire agreement between AHB Tooling & Machinery and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AHB Tooling & Machinery with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. AHB Tooling & Machinery does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from AHB Tooling & Machinery solely through electronic transmission. You agree that when in the future you click on an “I agree,”“I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.