| Terms of Use Please read these terms and conditions carefully. This Website is provided by TMW Enterprises Inc. (“TMW”) and may be used for informational purposes only. By accessing this Website and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound without limit or qualification by these Terms of Use. If you do not agree to these Terms of Use, do not access this Website or any pages thereof. TMW reserves the right to change, modify, add or remove portions of these Terms of Use. You are responsible for regularly reviewing these Terms of Use and your continued use of this Website constitutes agreement to all such changes. General Information This Website is comprised of various web sites operated by TMW (collectively, the "Website"). Unauthorized use of the Website and systems, including, but not limited to, unauthorized entry, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or service. Engagement in any activities related to this Website that are contrary to applicable laws or regulations is strictly prohibited. Disclaimer of Warranty and Limitation of Liability All information, documents, materials, data, graphics and links on this Website (collectively, the “Contents”) are for informational, educational, and noncommercial purposes only. Because of the possibility of human and mechanical error as well as other factors, TMW and its officers, directors, employees, agents, and affiliates are not responsible for any errors in or omissions from the information contained in or accessed through this Website. All Contents are provided on an "as is," “where is” and “as available” basis without warranty of any kind. TMW reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website and to make any other changes to the Website at any time without notice; however, TMW expressly disclaims any obligation to keep the Contents of this Website up-to-date or free of errors or viruses, or to maintain uninterrupted access to this Website. TMW reserves the right, in its sole discretion, to suspend and/or deny access to this Website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Although the Contents of this Website have been obtained or compiled from sources we believe to be reliable, TMW makes no express or implied representations about the Contents of this Website or any other materials that are referenced by or linked to this Website. To the maximum extent permitted by applicable law, TMW disclaims all express, implied, and statutory warranties of any kind to the user and/or any third party, including, without limitation, any warranties of title, accuracy, timeliness, completeness, compatibility, suitability, security, merchantability, non-infringement, fitness for any particular purpose, and freedom from computer virus. Under no circumstances, including but not limited to negligence, shall TMW and its officers, directors, employees, or any party involved in creating, producing or delivering this Website be liable to any user and/or any third party, whether in contract, statute, tort, or otherwise, for any direct, indirect, special, consequential, punitive or incidental damages or any other damages of any kind on any theory of liability arising out of or in connection with this Website or any linked website, the use thereof, or the inability to use by any party, or the performance of the functions or the Contents of this Website, even if TMW or any other such party has been advised of the possibility thereof. Some jurisdictions may not permit the exclusion of certain warranties or certain limitations of liability; therefore, some of the above exclusions and limitations may not apply. To the extent that a jurisdiction does not permit the exclusion or limitation of liability as set forth herein, TMW’s liability is limited to the extent permitted by law in such jurisdiction. Any clause of this Disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder. Indemnification Any party who uses this Website hereby agrees to indemnify, defend and hold harmless TMW and its officers, directors, employees, agents, and affiliates, (collectively, the “TMW Parties”) from and against any and all claims, causes of action, demands, liabilities, losses, damages, costs or expenses (including reasonable attorneys fees), whether direct or indirect, by contract, in tort, by operation of law or otherwise, incurred by or asserted or awarded against any of the TMW Parties in connection with any claim arising out of any breach by any party of these terms and conditions or any other improper access to or use of this Website. All parties shall use their best efforts to cooperate with the TMW Parties in the defense of any claim. Each of the TMW Parties reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any party. Links to Third Party Websites This Website may contain links to websites created and maintained by third parties over whom TMW has no control. These links are provided only as a convenience. Any party who links to any other websites or to any off-site pages does so at his or her own risk. Opinions expressed on other sites are not necessarily those of TMW, nor does the inclusion of any link imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TMW of any information contained in any third party website. TMW makes no representations or warranties as to the accuracy of, or any other aspect relating to, such sites, including the continued availability or existence of this outside information. TMW hereby disclaims liability for any information, materials, products, or services posted or offered at any other website to which you may have access through the TMW Website. The terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Website. No Investment Recommendations, Offers, or Professional Advice It is not intended that this Website provide investment, legal, tax, accounting, insurance, or other professional advice or services, and nothing on this Website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by TMW or any third party. All contents are provided for general informational purposes only. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or financial advisor regarding your specific legal or financial situation. Trademarks and Copyright Notices Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, "Trademarks") that are the property of or are licensed to TMW. This Website may also include Trademarks of third parties. All these Trademarks are the property of their respective owners, and using or displaying them in any manner without the prior written permission of the applicable Trademark owner is strictly prohibited. The availability of the Contents through this Website shall under no circumstance be construed as granting, by implication, estoppel, or otherwise, a transfer of any copyrights, Trademarks, or other intellectual property rights of TMW or any third party to any Website user or any other third party without written permission of TMW or any such third party owner of such rights. This Website and the Contents are protected by U.S. and international copyright laws, both as individual works and as a compilation. Unless otherwise specified, this Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Website for your personal use only. All works of authorship contained
in this Website, including but not limited to all design, text and images
are either the property of, or used with permission by, TMW and may
not be copied, reproduced, transmitted, displayed, performed, distributed,
rented, published, licensed, sublicensed, altered, stored for subsequent
use or otherwise used in whole or in part in any manner for commercial
or public purposes without TMW’s prior written consent, except
to the extent that such use constitutes "fair use" under the
Copyright Act of 1976 (17 U.S.C. § 107), as amended. Pursuant to Section 512(c)(2) of the Copyright Act of 1976 as amended, TMW designates the following agent to receive notifications of claimed copyright infringement: TMW Enterprises, Inc., Attention: President, 2120 Austin Ave., Suite 100, Rochester Hills, MI 48309. Any notice sent to the designated agent must meet the requirements of Section 512(c)(3) of the Act. Linking Conditions TMW grants you a limited, revocable, nonexclusive right to create a hyperlink to this Website ("Link"), provided you comply at all times with the following conditions:
Termination The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. TMW, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Website at any time and for any reason whatsoever, without notice or liability. TMW will not be liable to you or any third party for any termination of your access to or use of this Website. Governing Law TMW maintains and operates this Website from its offices in Rochester Hills, Michigan, United States of America. These Terms of Use shall be governed and construed in accordance the laws of the State of Michigan and those of the United States of America, without regard to conflicts of laws principles thereof. By using this Website you irrevocably consent to the sole and exclusive jurisdiction of the Federal and state courts of Michigan for any action or proceeding arising out of or related to these Terms of Use. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. TMW’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit TMW’s rights with respect to such breach or any subsequent breaches. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. |
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