Terms and Conditions of Use
WELCOME TO SAMSOMATIC.COM. THIS WEB SITE AND THE
MATERIALS CONTAINED ON IT (“CONTENTS”) ARE PROVIDED
BY SAMSOMATIC, LTD. (“SAMSOMATIC”) FOR INFORMATIONAL
PURPOSES ONLY. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE,
WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND
ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (“AGREEMENT”).
BY ACCESSING, VIEWING, DOWNLOADING MATERIALS OR USING THIS SITE,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE WITH
THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE
DO NOT USE THIS SITE.
1. Commitment to Privacy
Samsomatic.com regards the safeguarding of privacy as an important
matter. You should visit our Privacy Policy which governs our use
of your information. Our Privacy Policy may change from time to
time so please check back often.
2. Use of Samsomatic.com
Samsomatic.com exists to provide you with information about our
Company. The contents of samsomatic.com are for your personal, informational,
and non-commercial purposes only. Any other use of this site is
prohibited. By way of example, you should not use any features of
this site that permit communications or postings to post, transmit,
display or otherwise communicate:
(i) any defamatory, threatening, obscene, harassing, or otherwise
unlawful information;
(ii) any advertisement, solicitation, spam, chain letter or other
similar type information;
(iii) any encouragement of illegal activity;
(iv) unauthorized use or disclosure of private, personally identifiable
information of others; or
(v) any materials subject to trademark, copyright or other laws
protecting any materials or data of others in the absence of a
valid license or other right to do so.
3. Contents and Ownership
You must comply with all copyright laws worldwide in your use of
this Web site and prevent unauthorized copying of the contents.
The information on this site, including all images, designs, photographs,
writings, graphs, data and other materials as well as the collection,
arrangement and assembly of the materials are the property of SAMSOMATIC
and is protected by international and United States copyrights,
trademarks, trade secrets and/or other proprietary rights. Samsomatic
does not grant you any express or implied right in or under any
patents, trademarks, copyrights or trade secret information. You
are not permitted to modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative
works from or in any way exploit, any part of this site. The contents
of this site may not be copied, reproduced, republished, downloaded,
displayed, posted electronically or mechanically, transmitted, recorded
or in any way duplicated or reproduced without SAMSOMATIC’s
prior written consent directed to you personally.
4. Disclaimer of Warranty
You expressly agree that your use of this site is undertaken at
your own risk. No warranties are made by SAMSOMATIC, its subsidiaries,
agents, or any of its employees or officers, that this site will
operate error-free or without interruption. No warranties are made
as to the reliability or accuracy of the information on this site.
THIS SITE, ITS CONTENT, AND ANY MERCHANDISE CONTAINED HEREIN ARE
PRESENTED ON AN “AS IS”, “WHERE IS”, AND
“AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, ARE MADE BY SAMSOMATIC, ITS AGENTS, AFFILIATES,
EMPLOYEES OR OFFICERS. TO THE FULL EXTENT PERMISSIBLE BY FEDERAL,
STATE AND LOCAL LAW, SAMSOMATIC EXPRESSLY DISCLAIMS ALL WARRANTIES.
5. Limitations on Liability
IN NO EVENT SHALL SAMSOMATIC OR ANY OF ITS SUBSIDIARIES, AFFILIATES
OR ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO ANY INJURY, LOSS, CLAIM OR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES THAT ARE IN ANY WAY RELATED
TO THE USE OR THE INABILITY TO USE THE CONTENT, MATERIALS, AND FUNCTIONS
OF THIS WEB SITE OR ANY LINKED OR LINKING SITE EVEN IF SAMSOMATIC
IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I COVENANT
AND PROMISE THAT I WILL NEVER INSTITUTE ANY CLAIM, CHARGE OR LAW
SUIT RELATING TO MY USE OF THE CONTENT, MATERIALS AND FUNCTIONS
OF THIS WEB SITE OR ANY LINKED OR LINKING SITE. I AGREE THAT IF
I VIOLATE THIS COVENANT NOT TO SUE, I WILL PAY ALL COSTS AND EXPENSES
OF DEFENDING AGAINST THE SUIT INCURRED BY SAMSOMATIC, INCLUDING
REASONABLE ATTORNEY FEES.
6. Indemnification
You agree to indemnify and hold SAMSOMATIC harmless against any
and all claims, suits or other forms of liability arising out of
the use of this website and you shall intervene and defend Samsomatic
in any forum against such claims.
7. Electronic Signatures
You agree to be bound by any affirmation, assent, agreement or representation
you transmit through this site, including but not limited to any
consent provided to SAMSOMATIC to receive communications from us.
You further agree that when you click on an "I agree,"
"I consent" or other similarly worded "buttons"
or other entry fields, your agreement or consent will be legally
binding and enforceable and is the legal equivalent of your handwritten
signature.
8. Choice of Forum
You agree that this Agreement shall be governed by, construed,
applied and enforced in accordance with the laws of the State of
Michigan. Any action shall be commenced in the Sixth Judicial Circuit
for the County of Oakland, Michigan.
9. Entire Agreement
This Agreement supersedes and cancels all prior agreements, whether
verbal or written, between SAMSOMATIC and you and constitutes the
entire Agreement of the parties as to the use of this website described
herein. SAMSOMATIC further acknowledges that neither SAMSOMATIC
nor any other person or entity has made any representation on this
Agreement’s terms of use which has not been expressly stated
in this Agreement. Any agreement supplemental hereto shall not be
binding upon either party unless executed in writing by Samsomatic
and you.
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