1. Acknowledgment and Acceptance
Agius Automation LLC, Top Product Design d/b/a - provides the use of this Agius Automation LLC Web Site (www.agiusautomation.com), (Web Site) to you, conditioned upon your acceptance without modification of the following terms and conditions (“Terms of Use”). Please review these Terms of Use carefully. By using the Agius Automation LLC Web Site, you are agreeing to these Terms of Use. If you do not agree or do not wish to abide by these Terms of Use, you may not use the Agius Automation LLC Web Site or download any materials if available.
2. Use of Agius Automation LLC Web Site Intended for Users 16 Years of Age or Older
The Agius Automation LLC Web Site is intended for use strictly by individuals 16 years of age or older. The Agius Automation LLC Web Site is not directed for use by children under the age of 16. Users under the age of 16 must be assisted by a parent or guardian to use the Agius Automation LLC Web Site.
3. Modification of These Terms of Use
Agius Automation LLC reserves the right to change the terms, conditions, and notices under which the Agius Automation LLC Web Site is offered, including but not limited to the charges associated with the use of Agius Automation LLC Web Site at any time, without liability or prior notice.
4. Accounts, Passwords and Security
Certain features or services offered on or through the Web Site “may” require you to open an account (including setting up an Agius Automation LLC Web Site ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activity that occurs under your account because of your failing to keep this information secure and confidential. You agree to notify Agius Automation LLC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Agius Automation LLC or any other user of or visitor to the Web Site due to someone else using your Agius Automation LLC ID, password or account because of your failing to keep your account information secure and confidential. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that Agius Automation LLC ID, password or account. Agius Automation LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
5. Intellectual Property Rights
All contents, text, images, data, information and other material displayed, available or present on the Agius Automation LLC Web Site, including any trademarks or copyrights, are the property of Agius Automation LLC or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Agius Automation LLC, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on the Agius Automation LLC Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display the Agius Automation Inc. Web Site or any Content without the prior written permission of Agius Automation LLC.
6. Authorized and Prohibited Uses
As a condition of your use of the Agius Automation LLC Web Site, you warrant to Agius Automation LLC that you will not use the Agius Automation LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Agius Automation LLC Web Site in any manner which could damage, disable, overburden, or impair the Agius Automation LLC Web Site or interfere with any other party’s use and enjoyment of the Agius Automation LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Agius Automation LLC Web Site or provided and approved by staff.
7. Links to Third Party Sites
The Agius Automation LLC Web Site may contain links to other web sites (“Linked Site(s)”). The Linked Sites are not under the control of Agius Automation LLC and Agius Automation LLC is not responsible for the contents of any Linked Site, or any changes or updates to a Linked Site. Agius Automation LLC is not responsible for webcasting, or any other form of transmission received from any Linked Site. Agius Automation LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Agius Automation LLC of the Linked Site or any association with its operators.
8. Limitation of Liability and Disclaimers
All content appearing on the Agius Automation LLC Web Site is provided for informational purposes only. The Agius Automation LLC Web Site, its content and its links are provided on an “As Is”, “As Available” basis and are used only at your sole risk, to the fullest extent permissible by law. Agius Automation LLC, its parent, and affiliated companies disclaim all warranties, express or implied, of any kind, regarding the Agius Automation LLC Web Site (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. Agius Automation LLC, its parent, and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages and/or lost profits, in connection with use of the Internet, the Agius Automation LLC Web Site, its content or its links.
9. Indemnification
You will defend, indemnify, and hold harmless Agius Automation LLC, its parent, and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising in connection with your use of the Agius Automation LLC Web Site, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the Agius Automation LLC Web Site.
10. Termination/Access Restriction
Agius Automation LLC reserves the right, in its sole discretion, to terminate your access to the Agius Automation LLC Web Site and the related services or any portion thereof at any time, without notice. Use of the Agius Automation LLC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Agius Automation LLC because of this agreement or use of the Agius Automation LLC Web Site. Agius Automation LLC performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Agius Automation Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Agius Automation LLC Web Site or information provided to or gathered by Agius Automation LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Agius Automation LLC with respect to the Agius Automation LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Agius Automation LLC with respect to the Agius Automation Inc. Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
11. Applicable Law and Forum
The Agius Automation LLC Web Site, these Terms of Use, and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law principles. The state and federal courts located in Detroit, Michigan shall have exclusive jurisdiction to adjudicate any dispute arising in connection with the Agius Automation LLC Web Site or these Terms of Use. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Detroit, Michigan.
12. Miscellaneous Provisions
You represent and warrant that you are authorized to enter these Terms of Use on behalf of any entity which you represent. These Terms of Use constitute the entire agreement between the parties with respect to this subject matter and supersede any prior agreement or communication. These Terms of Use may only be modified by Agius Automation LLC, at its sole discretion. Your obligations pursuant to these Terms of Use shall survive termination of the Agius Automation LLC Web Site, any use by you of the Agius Automation LLC Web Site and of its content, or these Terms of Use.