Effective Date: January 1, 2019 and Updated July 21, 2021
You are solely responsible for providing, at your own expense, all equipment necessary to access this Site.
It is strictly prohibited to establish or maintain a link to this Site without our express written consent. Any permitted links must comply with all applicable laws and regulations.
You agree not to sell, resell, reproduce duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
We respect the intellectual property of others and we ask that you do the same. It is our policy to comply with the Digital Millennium Copyright Act, 17 USC Section 512 (c) (3) (“DMCA”). If you believe in good faith your own copyright, trademark or other intellectual property right has been infringed by a posting on this Site, then you should notify us at:
HMS Mfg. Co.
1230 E. Big Beaver Road
Troy, Michigan 48083
Attn: DMCA Designated Agent
Any infringement claims under DMCA must satisfy the act’s detailed requirements. We have the right to ignore a DMCA claim that was not compliant with the act and therefore, invalid, and we can either respond or not respond. We will address alleged claims of infringement per the procedures set forth in the DMCA.
User’s Materials. You acknowledge that if you send us any feedback, content covered by your intellectual property rights, comments or information in any manner, including but not limited to via the Site or any third-party sites, such as social media sites, (collectively, “Information”, but excluding Personally Identifiable Information), that you grant us a world-wide, royalty-free, non-exclusive, transferable, fully paid-up, irrevocable, perpetual, fully sub-licensable, license to use, reproduce, distribute, display, publish, modify, create derivative works from, and otherwise use such material for any purpose, commercial or otherwise, throughout the universe. Any Information will be treated as non-confidential, non-personal and non-proprietary.
We do not accept or consider any unsolicited ideas. Please do not submit any unsolicited ideas to us under any circumstance. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say: (1) your idea will automatically become our property, without any compensation to you; (2) we will have no obligation to return your idea to you or respond to you in any way; (3) we will have no obligation to keep your idea confidential and no confidential relationship exists or shall exist; (4) we may use your idea for any purpose whatsoever, including giving your idea to others, and (5) you will release us from any liability in connection with your submission.
Disclaimers and Limitation of Liability. User expressly agrees that the use of this Site and also your use on any third-party sites is at User’s own risk. Neither we nor any of our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors and/or the like (collectively, “Providers”), warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or current nature of any information, content, product, service or merchandise provided through this Site.
THIS SITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY SITES AND/OR SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, AND ALL CONTENT, SERVICES, AND INFORMATION IS AVAILABLE ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE TRUTHFULNESS, TIMELINESS, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE AND THE INFORMATION AND CONTENT PROVIDED BY THE USERS OF THIS SITE OR ANY THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, TO THE MANNER PERMISSIBLE BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE OR THE THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO THE SOCIAL MEDIA SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THIS SITE, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL USER RELY ON ANY SUCH INFORMATION.
IN NO EVENT SHALL WE AND/OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, ATTORNEYS AND/OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OR INABILITY TO USE THIS SITE, AND/OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OF ANY WEB SITE REFERENCED OR LINKED TO/FROM THIS SITE, OR ANY OTHER MATTER RELATING TO THIS SITE. IN NO EVENT SHALL WE AND/OR ANY OF OUR AFFIILATES, DIRECTORS, OFFICERS, ATTORNEYS AND/OR EMPLOYEES BE LIABLE TO YOU AND/OR ANY THIRD-PARTIES FOR ANY INFORMATION AND/OR CONTENT PROVIDED BY YOU ON THIS SITE AND/OR ANY THIRD-PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES.
The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, §56:12-14 et seq, states, in part, as follows: “No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes.” Therefore, for New Jersey residents, the disclaimer of warranty provision shall apply only as allowable by applicable laws and the limitation of liability provision shall only apply if the New Jersey resident(s)’ use of this Site results in damages or losses resulting from the negligence or misconduct of HMS.
Also, because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability shall be allowed in the manner as is permitted by law.
Governing Law, Dispute Resolution and Statute of Limitations. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
This Site (excluding third-party sites and in some respects, those site(s) provided via a third-party web provider) is controlled by us from our offices within the state of Michigan, of the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, you agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this Site. All Users unconditionally and irrevocably agree and hereby consent to 1) the exclusive personal jurisdiction and venue of the Oakland Country Circuit Court or the United States Circuit Court for the Eastern District of Michigan, as applicable, with respect to such matters and 2) to only bring his/her action in his/her individual capacity and not as a class representative, member of a class or in any other similar type capacity or action. If any dispute arises regarding the use of this Site, you must initiate action within one (1) year after the claim has arisen or you will be forever barred from pursuing such cause of action.
Copyright © 2021 by HMS Mfg. Co. All rights reserved.