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Legal
Notice, Disclaimer, and Terms of Use
Bundy Refrigeration ("Bundy")
Use
of this Website is subject to the following terms and
conditions. Your use of the website constitutes acceptance
of these terms and conditions.
I.
Interpretations
Definitions:
In this Agreement:
"Content" includes, but is not limited to,
all text, photographs, software, animation files, graphics,
video and audio files and anything else contained in
this Website.
"User"
includes, but is not limited to, any person who accesses
this Website by any means whatsoever, including, but
not limited to, legal, illegal, authorized and unauthorized
means.
Invalidity:
If, for any reason whatsoever, any term of this Agreement
is deemed by a court to be void, voidable or otherwise
unenforceable, such term shall be deemed to be severable
from the remainder of the Agreement, and the remainder
of the Agreement shall be construed and interpreted
without reference to the unenforceable term.
Assignment:
Bundy Refrigeration may assign its rights or obligations under this
Agreement at any time without notice to Users.
Termination:
Either Bundy Refrigeration or the User may terminate this Agreement
at any time, either with or without cause. The User
may terminate this Agreement by ceasing to use this
Website. The following clauses of this Agreement will
survive any termination by either party: II, III, IV,
V, VI and VII.
II.
Copyright and trademarks
Ownership:
The Content of this Website is owned by Bundy Refrigeration or is
made available by permission of the owner and is protected
by domestic and international copyright laws. The trademarks
are owned by Bundy Refrigeration.
and
Rights:
The use of this Website grants no interest, whether
proprietary, license, or otherwise, in the intellectual
property rights, or any other rights which may exist
or are hereafter developed in respect of any portion
of the Website or its Content.
License:
Any computer software downloadable or otherwise available
from this Website is licensed subject to the terms of
the applicable license agreement. Although every effort
has been made to ensure that any software that may be
downloaded from this Website is compatible with as many
types of computers as possible, Users should take care
to back up all essential software before loading any
software from this Website.
III.
Permitted secondary uses
The
User may freely download, copy, display, exhibit, share,
or otherwise distribute the Content of this Website
for non-commercial purposes only. However, on any such
downloading, copying, display, exhibition, sharing or
distribution, the User must explicitly acknowledge Bundy
Refrigeration as the provider of such Content. Bundy Refrigeration reserves the
right to require the User to delete, destroy or otherwise
remove any content that is used in a manner that in
Bundy Refrigeration's opinion is contrary or otherwise inappropriate,
derogatory or offensive.
The
User agrees that any person to whom the Content is provided
directly or indirectly through the User, will be advised
of the terms of this Agreement, and that each such person
is bound by these terms.
The
User may in no way modify, reformulate, adapt, alter,
adjust, change, disassemble, frame or decrypt any of
the Content of this Website.
IV.
Third-party submissions
By
posting via email or otherwise any Content, trade secrets,
or know-how to this Website, including electronic mail,
the User grants to Bundy Refrigeration a perpetual, non-exclusive,
irrevocable, worldwide, royalty-free right and licence
to use, download, upload, copy, exhibit, display, distribute,
publish, post to any other public forum, perform, sell,
alter, modify, change, sub-license, create derivative
works from and otherwise treat as its own such Content,
trade secrets or know-how in whatever manner Bundy Inc.
shall, in its sole discretion, deem appropriate without
any form of recognition, credit, acknowledgement, reward
or compensation whatsoever for the User's contribution
of such Content, trade secrets, or know-how to Bundy
Inc. Furthermore, Bundy Refrigeration, its subsidiaries, affiliates,
contractors, agents and/or employees will in no way
be responsible or liable for damages, whether they be
direct, indirect, consequential, incidental, special,
punitive, exemplary or general damages, contribution
or indemnity of any kind whatsoever, howsoever caused,
resulting from any alterations or additions to its goods,
products, programs, promotions and/or services which
may resemble any Content, trade secrets, or know-how
posted to this Website, including electronic mail, by
any User.
Furthermore, by posting any Content, trade secrets,
or know-how to this Website, including electronic mail,
the User represents and warrants that such Content,
trade secrets, or know-how is his or her own work, is
non-confidential, and its use by Bundy Refrigeration in no way violates
the intellectual property or other rights of any third
parties. The duty to ensure non-infringement of the
rights of any third parties rests solely with the User.
The
User agrees to indemnify, contribute to, and hold harmless
Bundy Refrigeration, its subsidiaries, affiliates, contractors, agents
and/or employees against any liability, be it civil,
criminal, or quasi-criminal, resulting from the use,
transfer or sub-license by Bundy Refrigeration of any Content, trade
secrets or know-how provided to Bundy Refrigeration by the User.
This
indemnification shall extend and apply to any payment
or other agreement made by Bundy Refrigeration, its subsidiaries,
affiliates, contractors, agents and/or employees in
settlement and/or satisfaction of any such claim or
potential claim, whether such settlement and/or satisfaction
is either full or partial, and whether the payment or
other agreement is made or concluded either prior to
or following the institution of proceedings against
Bundy Refrigeration, its subsidiaries, affiliates, contractors, agents
and/or employees. As part of this indemnification, the
User agrees to co-operate with all reasonable requests
made by Bundy Refrigeration, its subsidiaries, affiliates, contractors,
agents and/or employees.
V.
Choice of law
Any
dispute arising out of the use of this Website, the
Content or availability thereof, the construction or
interpretation of this Agreement, or anything related
or similar thereto is governed by the laws of the state
of Michigan, USA, without any reference to conflicts
of laws rules or principles.
Any dispute arising out of the use of this Website,
the Content or availability thereof, the construction
or interpretation of this Agreement, or anything related
or similar thereto is only to be decided by a court
of competent jurisdiction sitting within the legal boundaries
of the state of Michigan, USA.
VI.
Rights to control site
The
Content of this Website is subject to change, restriction
or termination without any notice to Users.
VII.
Limitations of liability
This
site is designed to provide knowledge for informational
purposes only. The information is taken from sources
believed to be reliable, and the information is believed
to be accurate at the time it is posted to the Website.
However, there is no way to ensure that the information
is accurate at any moment in time.
There
are certain links on this Website which will lead the
User to other sites on the World Wide Web. These links
are provided for convenience only, and a link to any
other Website should not be taken to imply any endorsement
of any other Website by Bundy Refrigeration, its subsidiaries, affiliates,
contractors, agents and/or employees.
Bundy Refrigeration,
its subsidiaries, affiliates, contractors, agents and/or
employees are in no way responsible or liable for any
damages whether they be direct, indirect, consequential,
incidental, special, punitive, exemplary or general
damages, contribution or indemnity, of any kind whatsoever,
howsoever caused, (including, but not limited to, breach
of contract, loss of profit, business interruption,
loss of business data or information, negligence or
other tortious behaviour, deletion, error, defect, omission,
or destruction of the Content of the Website, unauthorized
access to, or alteration of, the Content of this Website
by third parties, or employees, or agents of Bundy Refrigeration,
transmission of material, or any other cause of action,
regardless of whether it arises at law or in equity)
arising out of the use or non-availability of this Website,
or reliance on the Content contained herein, resulting
from any decision taken on the basis of information
provided through the Website, resulting from the Content
of other websites to which any User links through this
Website, or resulting from any such change, restriction,
or termination of this Website or resulting from the
incompatibility of any software downloaded, copied,
or otherwise originating from this Website.
This
limitation of liability shall apply even if Bundy Refrigeration, its
subsidiaries, affiliates, contractors, agents and/or
employees have been advised of the possibility of the
damages referred in this notice.
This
Website is provided "as is". Bundy Refrigeration, its subsidiaries,
affiliates, contractors, agents and/or employees do
not warrant that the use of this Website will be uninterrupted,
error-free, stable or suitable for all Users. Bundy Refrigeration,
its subsidiaries, affiliates, contractors, agents and/or
employees make no warranties, either express or implied,
about the Website, its availability, or its operation
Without limiting the generality of the foregoing, this
includes implied warranties of merchantability, fitness
for a particular purpose, expectation of privacy, or
non-infringement. Any User who accesses this Website
does so solely at his or her own risk.
The
User agrees to indemnify, contribute to and hold harmless
Bundy Refrigeration, its subsidiaries, affiliates, contractors, agents,
and/or employees, against any liability, be it civil,
criminal or quasi-criminal, resulting from any violation
of any law by the User in their use of this Website.
The User shall be responsible to the full extent of
any liability, payment or other agreement made by Bundy Refrigeration,
its subsidiaries, affiliates, contractors, agents and/or
employees, in settlement and/or satisfaction of any
claim or potential claim, whether such payment or agreement
is made or concluded prior to or following the institution
of formal proceedings against Bundy Refrigeration, its subsidiaries,
affiliates, contractors, agents and/or employees.
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