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By
accessing, browsing and/or using
this Site, you acknowledge that you have read, understood and agree to
be bound by the terms of this end-user license agreement ("Agreement")
and to comply with all applicable local, state and federal laws and
regulations. If you do not agree to all of the terms and conditions of
this Agreement, do not use this site.
Definitions
"HSD" shall mean Holland Special Delivery, Inc., all parent, sibling,
subsidiary or affiliated entities, its shareholders, officers,
directors, agents, employees, and assigns. "Site" shall mean the
Internet site located at http://www.hollandspecial.com. "User"
shall mean any person or entity that accesses or uses the Site in any
manner.
Conditions
of Use
The information, text, graphics provided in this Site are offered
solely as a convenience to our customers and web page visitors.
Although HSD believes it has made reasonable efforts to include
accurate, complete and current information on this Site, this Site may
contain technical inaccuracies or typographical errors and changes are
made to this Site and to the products and services of HSD from time to
time. HSD makes no warranties or representations regarding the accuracy
or completeness of the information. It is your responsibility to verify
the information before relying on it. HSD reserves the right to make
changes to the content of this web site without prior notice.
User
is granted a nonexclusive, nontransferable limited license to view,
copy, print, and distribute all or any part of this Web site for
internal, informational and non-commercial purposes within your
organization, provided that each copy of material contains copyright
notice. No other use of any of the content of this Site is permitted
without the express written consent of HSD. The trademarks and service
marks used or displayed on this site are registered and unregistered
trademarks of HSD. Nothing contained herein shall be construed as
granting, by implication, estoppel or otherwise, to User a license
under any copyright, trademark, patent or other intellectual property
right of HSD without the express written permission of HSD. HSD
expressly reserves all intellectual property rights it may possess in
products, processes or technology that appear on this Site or any other
HSD. Web site. Further HSD reserves all other rights not expressly
granted or addressed in this Agreement.
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Disclaimer
of Warranty
The information, software or other material on or accessible from this
site is provided on an "as is" and "as available" basis without
warranty of any kind, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, or arising from a course of dealing, usage or trade practice,
expectation of privacy and noninfringement or any warrany that this
site will be provided uninterrupted or error-free, that defects will be
corrected or that this site or the server that maikes it available will
be free from computer viruses or other harmful components.
Limitation
of Liability
In no event shall HSD be liable for any direct, indirect, incidental,
consequential, special or punitive damages or any other damages of any
kind or nature arising out of user's access, use or inability to use
this website, whether based upon breach of contract, negligence or
other wrongful conduct or any other legal theory, even if HSD has been
informed of the possibility thereof.
Privacy
Policy
As part of the normal operation of this Site, HSD receives names,
e-mail addresses or other personal or business information submitted by
Users. This information is not gathered by HSD without the knowing,
active permission and participation of User. In addition, in order to
safeguard the Site as well as you the User, HSD tracks the IP addresses
of Users. Any information sent to HSD through or as a result of this
Site is provided without restriction or obligation on HSD. HSD assumes
no obligation to protect such information from disclosure. HSD may use
this information and any ideas, concepts, know-how or techniques
contained in the information that User sends us for any purpose
whatsoever, including but not limited to, developing, manufacturing and
marketing products and services incorporating such information.
However, HSD has no intention to release such information to any
third-party for commercial purposes and will undertake to protect such
information from unintentional disclosure.
Your
Account, Password and Security
If you use this Site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, account or password, and you agree to accept
responsibility for all activities that occur under your account or
password. HSD reserves the right to refuse service or terminate
accounts in its sole discretion. You agree to immediately notify HSD of
any unauthorized use of your password or account or any other breach of
security, and ensure that you exit from your account at the end of each
session. HSD is not liable for any loss or damage arising from User's
failure to comply with this section or any other provision of this
Agreement.
Relationship
of the Parties
HSD and User are independent contractors. Nothing in this Agreement
shall be construed to create any agency, partnership, joint venture,
employer-employee or franchisor-franchisee relationship unless
explicitly agreed to in writing by HSD.
Changes
or Modifications
HSD reserves the right, at its sole discretion, to change, modify, add,
remove or amend the existing terms and conditions of this Agreement in
whole or in part at any time. Any such changes or amendments shall be
effectively immediately upon being posted on the Site. The continued
use by User of the Site will be deemed User's express agreement to the
amended or changed terms and conditions.
HSD
may, but shall have no obligation to, add new functions or features to
the Site or make new services available to User. HSD may terminate,
change, suspend or discontinue any aspect of the Site, including the
availability of or any features of the Site, at any time.
Termination
HSD may, in its sole discretion, terminate this Agreement at any time
or upon a breach of this Agreement by User. Upon such termination, User
shall immediately destroy any materials obtained from this Site and all
copies thereof, whether made pursuant to the terms of this Agreement or
otherwise.
Confidentiality
User shall keep in confidence and shall not disclose to any third
parties any non-public information that may be disclosed to User in
connection with the use of the Site under this Agreement or otherwise.
User shall not use the name of HSD or in any publicity release,
advertising or otherwise without the prior written approval of HSD.
This provision shall survive the termination of this Agreement.
Indemnity
User agrees that it will indemnify, defend and hold harmless HSD, from
and against any and all liabilities, damages, losses, costs, and
expenses, including reasonable attorney fees, arising out of, resulting
from or in any way related to use by User of the Site or User's breach
of this Agreement.
Miscellaneous
Entirety of Agreement. This Agreement represents the entire
understanding of the parties and cannot be amended except in writing
signed by both parties. All prior discussions, understandings,
negotiations, or agreements are merged herein. All prior oral or
written agreements between the parties are hereby canceled.
Choice
of Law and Venue
The laws of the State of Michigan will govern the interpretation,
validity and effect of this Agreement as such laws are applied to
agreements entered into and to be performed entirely within the State
of Michigan. Unless otherwise agreed in writing by HSD, User agrees
that any legal action resulting from a dispute over this Agreement
shall be heard before the Court of Ottawa County, Michigan. In the
event HSD is the prevailing party in any such litigation it shall be
entitled to recover its reasonable costs, including attorney fees,
incurred in such litigation.
The
paragraph headings set forth herein are for reference only and not to
be considered a part of or a term or condition of this Agreement.
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