Please read these terms and conditions carefully before
any use of this site or the information contained herein.
By accessing or using this site, you
agree to be bound by the terms and conditions set forth
below. Blackmer may modify these terms and conditions at
any time and such modification shall be effective immediately
upon posting. You agree to review these terms and conditions
periodically to be aware of such modifications and your
continued access or use of this site shall be deemed your
conclusive acceptance of the modified terms and conditions.
In the case of any violation of these terms and conditions,
Blackmer reserves the right to seek all remedies available
at law and in equity. If you do not agree to comply with
these terms and conditions, please do not use this site.
By accessing this site, you agree to hold Blackmer harmless
against any claims for any damages arising from any use
of this site.
1. Content and Accuracy
THE
INFORMATION PROVIDED AT THIS SITE IS PROVIDED "AS IS",
“AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY AND FREEDOM FROM COMPUTER VIRUS. Blackmer further
does not warrant the accuracy, reliability or completeness
of the information at this Site. Use of any information
is at your own risk. Blackmer may make changes to the information
provided at this Site, at any time without notice. While
Blackmer does strive to update the content of this Site
on a regular basis, the information provided may be out
of date, or contain errors and Blackmer makes no commitment
to update or correct the materials at this Site. Discussion
or identification of products or services other than those
provided by Blackmer is for informational purposes only
and does not constitute a recommendation or endorsement
for such other products or services.
2. Limitation of Liability
The
use of this Site is at your own risk. IN NO EVENT SHALL
Blackmer OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES
AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS,
SPECIAL DAMAGES, LOST DATA OR BUSINESS INTERRUPTION ARISING
OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, MATERIALS
AND FUNCTIONS PROVIDED AT THIS SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable
law may not allow the exclusion or limitation of liability
for consequential or incidental damages so the foregoing
limitation may not apply. In such states, Blackmer's liability
is limited to the greatest extent allowable by law. Blackmer
assumes no responsibility and shall not be liable for any
damages to or viruses that may affect your computer equipment
or other property on account of your access to, use of or
browsing in the Site or downloading of any materials or
data from the Site. Blackmer makes no warranties that any
materials or information provided on this Site shall be
uninterrupted or error-free, or that this Site is free from
viruses, worms or other harmful or destructive components
or properties.
3. Hyperlinks
This Site may contain links to other
sites. This Site may be accessed from other sites. Blackmer
makes no representations or warranties, express or implied,
regarding such other sites. Blackmer accepts and shall have
no responsibility for such other sites or information contained
thereon. Blackmer does not control such sites in any manner.
You assume all risks in connection with use of such other
sites and the information contained therein. Blackmer makes
no endorsement or other approval of any sites or data thereon.
4. Indemnification
You agree to indemnify,
defend and hold harmless Blackmer, its directors, officers,
employees, affiliates and suppliers from any liability,
loss, claim and expense (including reasonable attorneys
fees) related to any violation by you of these terms and
conditions.
5. Termination
Blackmer may change, suspend, terminate
or discontinue any aspect of this Site at any time. Blackmer
may also impose specific restrictions on your access to
this Site or parts thereof or limit certain features of
the Site without notice or liability.
6. Miscellaneous
This Site is controlled and operated
from Blackmer offices within the State of Michigan, United
States of America. The terms governing use of this Site
shall be governed by and construed in accordance with the
laws of the State of Michigan without regard to its conflicts
of laws provisions. You agree that any suit, action or proceeding
relating to this Site and its contents shall be filed only
in Kent County, Michigan and you hereby consent to submit
to personal jurisdiction of such courts for any suits, actions
or proceedings. If you choose to access this Site from other
jurisdictions you do so at your initiative and are responsible
for compliance with applicable laws. Blackmer is not responsible
for any violation of such laws. You agree you will comply
with all laws, rules and regulations that may pertain to
this Site or the information contained hereon. These terms
and conditions constitute the entire agreement between Blackmer
and you with respect to any use of this Site. Any cause
of action you may have with respect to use of this Site
must be commenced within one year after the claim or cause
of action arises. If any provision of these terms and conditions
or a portion thereof is found to be unenforceable or invalid
by a court of competent jurisdiction, that provision shall
be enforced to the maximum extent permissible under law
so as to effect the intent of the remainder of the terms
and conditions and all other terms and conditions shall
continue in full force and effect. Blackmer’s failure to
enforce or insist upon any performance or provision of these
terms and conditions shall not be construed as a waiver
of any such provision or right. Blackmer can assign its
rights or duties under these terms and conditions to any
party at any time without notice. Some of the provisions
of this Agreement are for the benefit of Blackmer, its officers,
directors, employees, agents, licensors, suppliers and affiliates.
Each of those individuals or entities shall have the right
to assert and enforce these provisions directly against
you on its own behalf.
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