Our postal address is:
1300 Rosa Parks Blvd
Detroit, MI 48216
We can be reached via e-mail at [email protected] or you can reach us by telephone at 877-898-3366.
For each visitor to our Web page, our Web server automatically recognizes the consumer’s domain name and e-mail address (where possible).
We collect the domain name and e-mail address (where possible) of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number and Google analytics.
The information we collect is: used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web site, shared with agents or contractors who assist in providing support for our internal operations, used by us to contact consumers for marketing purposes, not shared with organizations for commercial purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website, disclosed to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Website.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address.
From time to time, we make the e-mail addresses of those who access our site available to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by calling us at the number provided above, e-mailing us at the above address, and writing to us at the above address.
If you supply us with your postal address on-line you may receive periodic mailings information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above, e-mailing us at the above address, and writing to us at the above address.
Please provide us with your exact name and address. We will be sure your name is removed from the list we share with other organizations.
Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of:
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses, we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically, we will post the policy changes to our Web site to notify you of these changes and we will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our Web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address, calling us at the above telephone number, writing to us at the above address.
Upon request we provide site visitors with access to unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them, a description of information that we maintain about them.
Consumers can access this information by e-mail us at the above address, write to us at the above address, writing to us at the above address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information, unique identifiers, transaction information.
Consumers can have this information corrected by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address.
With respect to security: When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site and VeriSign is Our SSL.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, The DMA’s Committee on Ethical Business Practices at [email protected], state or local chapters of the Better Business Bureau, state or local consumer protection office, The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.
We welcome You to a website (“Site”) associated with MyLocker.com, LLC d/b/a CustomCat, a manufacturer, distributor and direct supplier customized apparel and merchandise printing and products.
As updated from time to time as provided for herein, these Terms and Conditions govern Your access to and use of the Site, and Your purchase of Products (defined below) from Company. You should carefully read these Terms and Conditions. Your use of the Site means that You have read and understand these Terms and Conditions, and that You have entered into a binding legal agreement with Company. If You do not accept and agree to be bound by all of the Terms and Conditions You should discontinue Your use of the Site. If You are using the Site on behalf of Your employer or any other individual or entity, You represent and warrant that You have the authority to bind such employer, other individual or entity.
To the extent that terms and conditions associated with any Purchase Order or similar document are inconsistent with the Terms and Conditions of this Site, the present Terms and Conditions shall be controlling. Terms and conditions other than those contained herein or in a specific Purchase Order are hereby expressly disclaimed and effective only upon Company’s prior written approval.
“Apparel” means Company’s private label apparel Products or other Products produced by Company.
The “Company” means MyLocker.com, LLC d/b/a CustomCat and any and all related entities (e.g., affiliates and subsidiaries), and their respective members, officers, directors, employees, affiliates, agents, attorneys, licensors and representatives.
“Content” means, without limitation, text, graphics, photos, graphs, artwork, marketing tools, marketing works, copyright-protectable subject matter, trademarks, service marks, illustrations, images, characters, logos, button icons, clip art, audio clips, digital downloads, data compilations, software and software hyperlinks, video, music, or other audio clips, and any other information, materials or services that are accessible from the Site (e.g., that may be contained in, displayed on, downloaded from, or uploaded to the Site).
“Products” means any goods or products made available to You by Company on, by or through any Site, including Apparel and other customized or embellished merchandise.
“Services” means any services made available to You by Company on, by or through any Site.
“Site” includes the Site, all other Company owned or operated websites or sites, and all subsequent pages made available by or through the Site and such other Company websites. Please note, however, that the Site may contain links to third party websites or sites as discussed in more detail below. Once such a third party link has been accessed, a User is no longer accessing the Site.
“User” means a person who uses, or who has registered to use, the Site.
“You” and “Your” means You, an individual user using the Site, ordering any Products, or entering into the Agreement, or the individual or entity on whose behalf You use the Site, order any Products, or enter into the Agreement and encompasses all principal(s) or officers(s), partners, shareholders, officers, directors, employees, or authorized representatives thereof.
Your Use of the Site
(1) Copyright. All Content included on the Site with the exception of Content You upload is the property of the Company, its suppliers, licensors, or their respective licensors and is protected by United States and international copyright laws. The compilation of all Content on the Site is the exclusive property of the Company or its suppliers or licensors and protected by U.S. and international copyright laws. All software used on this site is the property of the Company, its suppliers, licensors or their respective licensors, and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Site retain and reserve all of their rights related to such copyrights.
(2) Trademark. The Site may include various registered or unregistered trademarks or service marks of the Company, its suppliers, licensors, or their respective licensors. The respective owners and licensees of any marks included in the Site retain and reserve all of their rights related to such marks.
(3) Patent. One or more patents may apply to the Site and to the features, products, and services accessible therein, including U.S. and foreign patents. Moreover, the Company may have various patents pending.
(4) Trade Secret. The Site may contain software or other information that is confidential and proprietary to the Company, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of the Company’s efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Site.
(5) Rights to Privacy or Publicity. Using a broad definition, these legal concepts apply to the right of every individual to control any commercial use of his or her name, image, likeness, or some other aspect of identity, limited under (United States Federal law) by the First Amendment. An individual further has a qualified legal right to reasonable privacy in not having his or her private affairs made known or his or her likeness exhibited to the public having regard to habits, mode of living, and profession. These legal concepts are applied differently depending on the jurisdiction, but You should be cognizant and careful of an individual’s rights to privacy or publicity.
(9) Use or reference Company’s address on your website or represent Company’s address as your own.
We try to display as accurately as possible the colors of our Products shown on the Site. Unfortunately, the actual colors You see will depend on Your monitor, and we do not guarantee that Your monitor’s display of any color will be accurate. The colors shown on the Site are for reference only. Thus, the Company takes no responsibility whatsoever for any variances between the appearance of colors or graphics displayed on Your monitor and any finished Product.
Links to Other Web Sites and Services
The Company does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. The Company does not necessarily endorse, sanction, or verify sites that link to the Company’s Site, even if any logo or mark of the Company is used as part of the link to this Site.
United States Digital Millennium Copyright (“DMCA”) Notices
DMCA Notice. If You believe that Your work has been copied in a way that constitutes copyright infringement, please send written notification to our Designated Agent. Your written notification must include the following:
Counter-Notices. If You believe that material You contributed to the Site has been improperly removed and You wish to make a counter-notification under the DMCA, You must provide written notification to our Designated Agent that includes substantially the following:
Send notices and counter-notices to the Company’s DMCA Agent. DMCA notices and counter-notices must be provided in writing to:
c/o Adam Behrendt
With an electronic copy to: [email protected]
You should only send notice or counter-notices of potential copyright infringement to our Designated Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us by way of [email protected]
Under the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or that the material or activity was removed by mistake may be subject to liability.
Choice of Law and Jurisdiction
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Company’s products and services available in the United States. This Site is controlled and operated by the Company from its offices in Michigan, USA. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to any conflict of law provisions. The parties hereby agree that the exclusive jurisdiction for the institution and maintenance of any dispute hereunder shall be in either the State courts sitting in Wayne County, Michigan or the United States District Court for the Eastern District of Michigan.
You shall be responsible for all taxes and fees incurred for using the Site or purchasing any items. In the event any exemption is claimed and then disallowed by a tax authority or judicial body, You agree to reimburse the Company for the amount of tax involved and any reasonable service charge associated therewith.
All prices are subject to change without notice. Company assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new taxes or legislation affecting the cost of Products, Company reserves the right to increase prices as it deems appropriate or necessary.
Return Policy and Incorrect Invoice or Statement
Company may provide standalone software or an online application (collectively, “Application”) for Your use as part of Your access of the Site. All uses of any such Application must comply with all applicable local, state, national and international laws, rules and regulations. Any templates, features, and the like appearing in an Application are offered as a courtesy only and are used at Your own risk. Company shall not be responsible for any real, potential or perceived loss of business due to the Application being unavailable for any reason including programming errors, maintenance, or any other foreseen or unforeseen incidents. If Company determines that an Application is being used by You in a way that is prohibited, it may restrict or discontinue Your access and use of the Application. Company reserves the right to make judgments about whether or not uses are appropriate in its sole discretion. Any Application may be altered or removed at any time by Company.
You hereby authorize and request Company to consider any application for credit and authorize company creditors and business references to provide any and all information concerning the financial and credit history in conjunction with any credit application and on a continuing basis to determine credit worthiness.
Private Label Product Sales Policies
To the extent Company has specific Apparel Private Label sales policies, they may be found here. These policies shall govern Your purchase of Private Label Products (defined below) in the event there are any conflicts or inconsistencies with the other terms of this Agreement:
Company requires that all authorized customers (“You” or “authorized customer”) strictly adhere to its sales policies for all private label apparel and accessories (hereinafter referred to as “Private Label Products”).
Company’s policy for Private Label Products is as follows:
Company will sell Private Label Products only to authorized customers who, in the sole discretion and judgment of Company:
(a) do not advertise, promote, distribute, sell or market in any way that disparages, misrepresents or injures Private Label Products;
(b) do not distribute or sell products employing any illegal, deceptive, undesirable, or improper advertising, marketing or selling practice, including predatory or “loss leader” pricing, bait and switch, or negative selling practices;
(c ) do not export Private Label Products outside of the U.S. (including Alaska, Hawaii, Puerto Rico, Guam and the Virgin Islands).
(d) do not infringe the intellectual property rights of the producers of Private Label Products.
If Company believes, in its sole judgment, that You have failed to comply with the policy or policies stated herein, it may provide You with written notice of the same. Company may, upon delivery of such written notice to You, stop selling Private Label Products to You or terminate the relationship.
This Private Label Product sales policy is not a contract, nor an offer to form a contract. This policy simply describes the circumstances under which Company may, in its sole discretion, choose to continue selling Private Label Products to You.
Company representatives are strictly prohibited from discussing the Private Label Product sales policy or any other pricing practice with You, and from seeking or accepting any assurance of compliance with this policy. All questions regarding the Private Label policy shall be directed, in writing, to Company, Attn: Legal Department, c/o Adam Behrendt at [email protected]; with an electronic copy to: [email protected]
Company does not seek any comment or criticism from You about the pricing or advertising practices of any other authorized customer. Company will not, under any circumstances, discuss the business dealings of any authorized customer with any other authorized customer. Company reserves the right to change, amend, or discontinue this Private Label Product sales policy at any time, and no third-party has any right to rely on the continued existence of this policy, or any act or omission by Company to enforce this sales policy. Company may elect not to enforce advertising price policies for high volume orders.
Company reserves the right to modify or amend this Private Label policy unilaterally, at any time or from time to time.
Ordering Terms and Conditions
Orders for Company Apparel are subject to the following terms and conditions of sale. These terms and conditions of sale shall govern the sale of Apparel from Company to You and/or the company you are authorized to represent. Company performance is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions are hereby rejected and shall be inapplicable and not binding upon Company. These terms and conditions shall govern Your purchase of Apparel in the event there are any conflicts or inconsistencies with the other terms of this Agreement.
Warranties, Disclaimers and Limitations on Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN THE SITE AND THE PURCHASE OF PRODUCTS IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE SITE, INCLUDING THE SERVERS ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE SITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT THE COMPANY PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD-PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE, WHETHER THROUGH INFECTION BY A VIRUS OR OTHERWISE.
EXCEPT AS OTHERWISE PROVIDED HEREIN USE OF THE SITE OR THE PURCHASE OF PRODUCTS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OR DELIBERATE ACTION OF THE COMPANY. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS’ FEES, DAMAGES FOR LOSS OF PROFITS OR LOSS OF BUSINSESS, LOST DATA, DAMAGE CAUSED TO YOUR HARDWARE OR SOFTWARE, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY ARISING OUT OF OR RELATED TO THE SITE OR THE CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE IS TO STOP USING THE SITE, CONTENT, PRODUCTS AND/OR SERVICES AND, IF YOU HAVE CREATED AN ACCOUNT, TO CANCEL YOUR ACCOUNT. IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR A PARTICULAR PRODUCT OR SERVICE, IF ANY.
THE COMPANY’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) FOR ITS PRODUCTS SHALL BE LIMITED TO, AT THE COMPANY’S OPTION, REPAIRING OR REPLACING PRODUCTS FOUND BY THE COMPANY TO BE DEFECTIVE. THE COMPANY SHALL HAVE NO LIABILITY FOR THE DAMAGES OF ANY KIND ARISING FROM THE SELECTION APPLICATION, SUITABILITY OR USE OF THE PRODUCTS BY ANYONE. BY ACCEPTANCE OF PRODUCTS, YOU ASSUME ALL LIABILITY FOR ANY DAMAGES THAT MAY RESULT FROM USE OR MISUSE BY YOU, YOUR EMPLOYEES OR BY OTHERS. YOU SHALL INDEMNIFY THE COMPANY AGAINST ALL LIABILITY OR EXPENSE THAT MAY BE SUSTAINED BY THE COMPANY AS A RESULT OF ANY LOSS, DAMAGE, OR INJURY. THE LIABILITY OF COMPANY FOR ANY PRODUCT PURCHASED IS LIMITED TO A MAXIMUM OF THE VALUE OF THAT PRODUCT. THERE ARE NO OTHER WARRANTIES, EXPRESS, OR IMPLIED WITH RESPECT TO ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR LABOR, MANUFACTURER DEFECTS, DAMAGE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Company warrants only that a Product shall be free from material defects on the delivery date.
You must provide Company with written notice of any warranty claims no later than fifteen (15) days after receipt of the applicable order of Products. Failure to provide written notice within such 15-day period shall void Company’s warranties with respect to the Products in their entirety. As Company’s sole responsibility and liability, and Your only and exclusive remedy for any breach or breaches of such warranties, Company shall, upon written notice from You, either (at its option) replace the defective portion of the Products, or accept return thereof and refund the price paid by You for the defective portion. Any misuse, improper handling, storage, use, modification or alteration of the Products by You or any third party shall void the forgoing warranty. You shall remain entirely responsible for any shipments by You for purposes of returning defective Products or packages hereunder to company, and all risk of loss or damage during shipment shall be borne by You.
Company will not reimburse for the failure of a Product due to an improper application of an alteration or embellishment.
Orders (no matter how made) are accepted at Your own risk and should be confirmed before they are processed. You may not cancel an order accepted by company (i.e., it is non-refundable) except upon the consent of company in each instance. Although it shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order, You understand and agree that shipment of Products is subject to availability, and Company expressly disclaims liability for any failure to meet such delivery dates. Company shall have the right to deliver Products at one time or in portions from time to time, and to invoice for those portions delivered.
You agree and acknowledge that any benefits derived from use or resale of Products will depend on factors that vary from business to business and which are not within the control of company. You are responsible for the selection of the Products to meet Your and Your customers’ needs, and Company makes no warranty as to the results to be obtained from the use or sale of the Products.
Merchandise is subject to change or withdrawal, or may be temporarily or permanently out of stock. Thus, Company shall not be liable for any delay or cancelling of any order.
Company reserves the right to alter, discontinue, or add any Products or Services at its sole discretion. Company reserves the right to change any and all Products and Services provided and to make changes to its systems, including but not limited changes to system hardware, software (e.g., Applications), and access and use procedures without notice.
If You supply original materials (e.g., art) to Company, it assumes no responsibility for preserving the condition of the materials, to return them, or to store them for any set period of time.
Delivery of any Products may be made using any one of a number of delivery services. Company cannot accept any liability for the failure to fulfill a promised delivery time. Among other things and without limitation, Company is not responsible for delays due to inclement weather or the selection by You or us of one service over another. Nor is there any promise to provide rush delivery, even if requested. The risk of loss for Products passes to You once Products are loaded by a delivery service at a company facility.
Your Representations & Warranties
The burden of compliance of this provision rests solely with You. You are wholly responsible for obtaining all proper permissions and licenses from third parties whose rights may be violated or infringed by the use of any material protected by any Intellectual property right or other proprietary right. The Company has no duty or responsibility whatsoever to determine whether You have complied with any of Your representations, warranties and covenants. As set forth below, You fully indemnify Company from assertions made by any third party related to Your failure to comply.
Your use of any Company supplied Content that may be printed on or otherwise applied to the Products ordered by You is wholly limited to such printing or application. No further use of such Content is allowed whatsoever including any or all derivative works.
You agree to indemnify, defend, and hold the Company harmless for, from and against all liabilities, losses, claims, actions, expenses and damages (including attorneys’ fees and expenses including the cost of collection on any past due invoice) resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party’s intellectual property rights. Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Company harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have or have not given permission to use Your account. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following the Company’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
Term & Termination
If any provision of the Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of the Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
The waiver by the Company of a breach or default in any of the provisions of the Agreement by You shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission the Company’s part to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by You.
If to the Company, notice shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, seven (7) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by nationally recognized overnight courier service, upon such delivery. Notice to the Company should be sent to:
c/o Adam Behrendt
If to You, notice shall be deemed given when an email is sent to the e-mail address You provide to the Company during the registration process, unless the Company is notified that the e-mail address is invalid and shall be valid when sent. Any notice provided pursuant to the Agreement shall be in writing.
Governing Law and Jurisdiction Choice of Law
You agree that all matters relating to the Agreement and/or Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of law provisions. The parties hereby agree that the exclusive jurisdiction for the institution and maintenance of any dispute hereunder shall be in either the State courts sitting in Wayne County, Michigan or the United States District Court for the Eastern District of Michigan.
Our relationship is one of independent contractors. No agency, employment, partnership or joint venture shall be created by or founded upon this Agreement.
Statute of Limitations
Any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action are forever barred.
Waiver of Jury Trial
You knowingly, voluntarily and intentionally waive any right You may have to a trial by jury with respect to any proceeding arising out of or in any way relating to the Site or the Agreement.
The Company controls the Site from its offices in the United States. The Company makes no representation that the Site or related information offered by the Company is appropriate or available in other locations. If You access the Site from locations outside of the US You do so on Your own initiative and at Your own risk, and You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from the Site may further be subject to United States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any jurisdiction to which the U.S. has embargoed Products; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such jurisdiction or on any such list.
Many Products that have been imported into the United States cannot be exported to other countries. It is Your responsibility to check with any freight forwarder to confirm foreign documentation requirements and to verify that items to be exported will be released by customs at the final destination. Company is not responsible for providing this information or any documentation required to export Products purchased from Company or for re-importation to the United States.
The Company may assign the Agreement, in whole or in part, at any time without notice to You. Your rights hereunder are personal. You shall not assign or otherwise transfer the Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under the Agreement, and any such assignment, delegation or other transfer shall be void. The Agreement shall inure to the benefit of the Company’s successors, assigns and licensees. In the event that the Company may wish to assign or transfer Your personal information and its rights hereunder to a third party, You agree that the Company may do so, on the condition that such third party agree to abide by the Company’s then current privacy and security policies.
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
The Agreement constitutes the entire agreement between the parties with respect to Your use of the Site, and supersedes all prior agreements between the parties, whether written or oral, relating to Your use of the Site.
Your use of the Site shall be governed by this Agreement and to the extent that this Agreement conflicts with any other Agreement of the Company with respect to access to the Site, this Agreement shall control.
Company shall not be responsible or liable for any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is the result of causes outside of its reasonable control, including, without limitation, power outages, accidents, strikes, fires, war or acts of God.
Please Contact Us
We are always happy to listen to Your comments, and answer Your questions. You may contact us by email as follows: [email protected].