Revisions to the Terms. MichMet reserves the right to revise, amend, modify or replace these Terms, Our website (“Site”), and/or Our other policies and agreements at any time and in any manner. The most current version of Our Terms is available on this page of Our Site and will supersede all previous versions. As such, You should review the Terms periodically. Your only recourse, if You disagree with the Terms, or changes to the Terms, is to discontinue Your use of this Site, services and/or products offered.
Revisions to Site. MichMet may make changes to the materials, services, errors or omissions on this Site, or to the products and prices described in them, at any time without notice. In addition, the materials and services available on this Site may be out of date; and MichMet makes no commitment to update the Site or any products, materials or services on this Site. Any changes or failure to make updates shall not be considered evidence of improper action or a breach of these Terms.
The pricing estimates detailed on the Site are based upon assumptions and have not been independently verified. Also, certain statements detailed on the Site may be statements of future expectations and other forward-looking statements that are based on MichMet’s current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance, prices, or events to differ materially from those expressed or implied. This Site shall not form the basis of, or be relied upon in connection with, any contract for services or commitment whatsoever.
Information published on this Site may refer to products, programs or services that are not available in Your country or state. Consult Your MichMet business contact for information regarding the products, programs and/or services that may be available to You.
Use of Site. MichMet authorizes You to view and download (where permitted) the information on this Site as long as You do not remove any copyright notices and as long as you acknowledge MichMet as the source. MichMet retains all copyright and other proprietary rights contained in the original and any copies of such materials. You may not:
- modify the information or materials on this Site in any way;
- reproduce, rent, sell, publicly display, perform, or distribute or otherwise use such information or materials for any public or commercial purpose without MichMet’s copyright notice and an acknowledgement to the owner of the utilized information/materials,
- use any proprietary information on Our Site on any other website or networked computer environment for any purpose without our prior permission,
- circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on Our Site,
- frame or utilize any framing techniques to enclose any MichMet trademark, logo, or other proprietary information (including images, text, page layout, or form) without Our express written consent,
- purchase search terms or use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent,
- attempt to hide Your identity, and/or
- use any robot, spider, automated technology, device or manual process to monitor or copy the information contained on this Site or use any of the same to interfere, or attempt to interfere, with the proper working of this Site.
Refusal of Service/Right to Terminate. MichMet reserves the right to terminate Your access to Our Site for any reason or no reason whatsoever at any time. Further, You understand and agree that MichMet has the right to refuse to provide products or services to You or any other individual for any reason in its sole discretion. Such alteration in service or refusal to provide service/products shall NOT be a breach of any agreement with You and shall NOT subject MichMet to any liability at law or in equity, without limitation, even if You suffer damages.
Your fraudulent, abusive or otherwise illegal or unauthorized activity, or any activity in breach of these Terms, will be grounds for termination of the limited license granted by these Terms and will result in the cancellation of Your license to view this Site, to use any materials detailed on this Site, and to use any of Our products or services. In this event, We will not allow You to purchase or lease Our products and/or services offered through this Site. Upon termination of these rights, You must immediately return any improperly utilized MichMet property.
Copyright. The materials on Our Site, including without limitation, any reports, press releases, articles or videos, are copyrighted and owned solely by, or licensed from others to, MichMet. Any unauthorized use of any video or other materials available on this Site or sold to You by this Site may violate U.S. Copyright laws as well as other laws. If You breach any of these Terms, in addition to any and all remedies available to MichMet, Your authorization to use this Site automatically terminates and You must immediately return any purchased, leased or licensed materials as well as any improperly copied materials. Reasonable requests to copy or re-distribute Our materials in accordance with these Terms will be authorized in many situations.
Trademarks. MichMet owns the following trademarks and trade names, whether registered in the U.S., elsewhere in the world, or utilized at common law:
This list may not be complete and MichMet may own additional trademarks or service marks that are not listed herein. If You have questions about MichMet marks, please contact info@MichMet.com. You may not use any MichMet marks without Our written permission.
Trade names. Michigan Metrology, LLC operates under the trade name MichMet. Trade names are subject to change without notice. This list may not be complete and MichMet may own additional trade names that are not listed herein. If You have questions about Our trade names, please contact info@MichMet.com.
You may not use any of MichMet’s trade names without MichMet’s written permission.
Relief for Breach. MichMet reserves all rights and remedies at law and in equity in the event You breach any of these Terms or violate Our rights in any manner. You agree that MichMet may proceed with such injunctive relief as may be available to prevent such use and, in addition, may pursue an action to recover damages. You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of MichMet’s confidential and proprietary information, copyrighted information, or other intellectual property, You will be liable to pay MichMet $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of MichMet’s proprietary information and/or intellectual property materials. Also, You will be responsible for any and all of MichMet’s attorneys’ fees and costs for having to make any claim, including, without limitation, any demand, action, proceeding, or litigation against You for such misappropriation and/or infringement. You agree that such amounts are not punitive in nature, but are necessary in order to protect MichMet’s proprietary rights and are in the nature of liquidated damages.
Representation of Condition. You understand and agree that use of the products and/or services detailed on Our Site involves some risk of generating or increasing a physical injury or aggravating a pre-existing physical condition. Accordingly, You hereby assume all risks of use of products or services offered for sale or license (if any) on MichMet’s Site, waive any rights of action against MichMet, including its officers, members, employees, suppliers and agents, as a result of any injury or condition that may result from such use and hold MichMet, its officers, members, employees, suppliers and agents, harmless and release Us from any and all liability, claims, demands, disagreements, actions, or causes of action whatsoever, including attorneys’ fees and costs, arising out of any damage, loss, injury to You or Your property, or Your employees or independent contractors, whether such loss, damage or injury results from the negligence of MichMet, another third party, or from some other cause. This waiver and release from liability shall apply for all periods during or after Your use of any products or services purchased, leased, or licensed from MichMet and shall apply to and for the benefit of all successors, assigns, heirs and personal representatives.
Use of Name/Likeness. By providing MichMet with any written comments regarding its Site, products or services, You hereby agree that MichMet and its business partners may use Your name, likeness and such comments, in whole or in part, for advertising purposes on the world wide web, in print advertising, or any other advertising medium now known or hereafter developed, without compensation. You agree to execute a further “model release” or other documentation as reasonably requested by MichMet to fulfill the intent of this Paragraph without additional compensation.
DISCLAIMERS AND LIMITATION OF LIABILITY.
MichMet, including its officers, members, employees, suppliers, advertisers and agents, assumes no liability for Your activity in connection with Our Site whatsoever, including without limitation, Your use of Our products, services or Site, Your purchases related to this Site and/or Your payment for purchases through third-party websites or otherwise.
THE PRODUCTS AND SERVICES PROVIDED AND THE MATERIALS ON THE MICHMET WEBSITE ARE PROVIDED BY MICHMET ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, MICHMET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED OR INTENDED RESULTS OF ANY PRODUCTS AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED FOR SALE, LICENSE OR LEASE.
IF YOUR USE OF THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR MEDICAL ATTENTION FOR YOU, YOUR HEIRS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, YOUR EMPLOYEES OR INDEPENDENT CONTRACTORS OR OTHERS AT YOUR DIRECTION, YOU ASSUME ALL COSTS, INCLUDING ATTORNEYS’ FEES AND COSTS, THEREOF WITHOUT ANY RIGHT OF CONTRIBUTION OR RECOVERY FROM MICHMET.
FURTHER, MICHMET DOES NOT GUARANTY OR WARRANT, AND DISCLAIMS ANY AND ALL LIABILITY FOR, YOUR INABILITY TO USE OUR PRODUCTS OR SERVICES, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, DEFECTS IN THE ACCURACY OR COMPLETENESS OF PRODUCTS OR SERVICES, DELAY OR FAILURE OF IN SHIPMENT OR TRANSMISSION, ERRORS OR OMISSIONS IN SERVICE, PROBLEMS WITH THIRD-PARTIES WITH WHOM MICHMET CONDUCTS BUSINESS, RECOMMENDATIONS BY OUR EMPLOYEES OR AGENTS, INCOMPATABILITY WITH OPERATING SYSTEMS AND ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED BY MICHMET.
IN NO EVENT SHALL MICHMET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED FOR SALE, LICENSE OR LEASE BY MICHMET.
IN THE EVENT PRODUCTS OR SERVICES ARE UTILIZED, LICENSED, LEASED OR PURCHASED FROM MICHMET IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ANY CLAIM, DEMAND, ACTION, PROCEEDING OR JUDGMENT WHATSOEVER, INCLUDING ANY AND ALL ATTORNEYS’ FEES AND COSTS, SHALL BE RESTRICTED TO THE AMOUNT PAID DIRECTLY TO MICHMET FOR MICHMET PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE JUDGMENT.
Indemnity. You agree to hold harmless and indemnify MichMet, and its officers, members, employees, business partners, suppliers, advertisers and agents from and against any third-party claim(s), demands, actions, proceedings or judgments whatsoever arising in any way from or related to Your use of the Site, MichMet’s products and/or any use of Our services.
Choice of Law/Applicable Laws. By purchasing, leasing or licensing product(s) from MichMet, receiving Our services and/or using Our Site in any manner, You agree that any legal problems or issues arising as a result of this Site or purchases or leases of goods or services made through this Site are subject to the laws of the state of Michigan, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflicts of laws. Only the Wayne County Courts or the U.S. Eastern District Court of Michigan will have jurisdiction over matters concerning this Site, purchases, licenses or leases made on or through this Site for services or products or other claims, demands, actions, litigation or other proceeding whatsoever against MichMet, including its managers, officers, members, employees, independent contractors, business partners agents, suppliers, advertisers and/or or successors and assigns. Further, You and MichMet expressly and irrevocably consent to the personal jurisdiction and venue in these referenced courts for any violation of these Terms. You also agree that in any dispute, including any legal action, with MichMet, You will only assert claims in an individual (non-class, non-representative) basis, and that You will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than Yourself.
MichMet administers this Site from its offices in Livonia, Michigan USA. MichMet makes no representation that materials, products or services on this Site are appropriate or available for use outside the United States, and access to them from territories where their content is illegal is prohibited. You may not use or export or re-export the materials, products, or services described by this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If You choose to access this Site from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable local laws.
Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Electronic Communications. By purchasing, using, licensing or leasing MichMet’s products and/or services, or contacting Us for further information, You consent to receiving electronic communications from Us and Our business partners, if any. These communications will include notices about Your account, if any (e.g., shipping and receiving, password change (if any) confirmation e-mails and other transactional information) and information concerning or related to Our, or Our business partners’, products and services. These communications are part of Your relationship with Us. You agree that any notice, agreements, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing. Should You wish to opt out of email communications, except for legal notices, please let Us know and We will stop sending You emails regarding Our, or Our business partners’, product/service offerings. Failure to comply with Your opt-out request shall not be considered a breach of this Agreement. Should you wish information on the individuals or entities with whom we do business and/or have shared your information, please contact Us at info@MichMet.com.