Website Terms of Use

Agius Automation, Top Product Design

  1. Acknowledgment and Acceptance

Agius Automation, Top Product Design – provides the use of this Agius Automation 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 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 Web Site or download any materials if available.

  1. Use of Agius Automation Inc. Web Site Intended for Users 16 Years of Age or Older

The Agius Automation Web Site is intended for use strictly by individuals 16 years of age or older.  The Agius Automation 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 Web Site.

  1. Modification of These Terms of Use

Agius Automation reserves the right to change the terms, conditions, and notices under which the Agius Automation Web Site is offered, including but not limited to the charges associated with the use of Agius Automation Web Site at any time, without liability or prior notice.

  1. 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 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 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 or any other user of or visitor to the Web Site due to someone else using your Agius Automation 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 ID, password or account. Agius Automation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

  1. Intellectual Property Rights

All contents, text, images, data, information and other material displayed, available or present on the Agius Automation Web Site, including any trademarks or copyrights, are the property of Agius Automation 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, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on the Agius Automation Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display the Agius Automation Web Site or any Content without the prior written permission of Agius Automation.

  1. Authorized and Prohibited Uses

As a condition of your use of the Agius Automation Web Site, you warrant to Agius Automation that you will not use the Agius Automation Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Agius Automation Web Site in any manner which could damage, disable, overburden, or impair the Agius Automation Web Site or interfere with any other party’s use and enjoyment of the Agius Automation 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 Web Site or provided and approved by staff.

  1. Links to Third Party Sites

The Agius Automation Web Site may contain links to other web sites (“Linked Site(s)”).  The Linked Sites are not under the control of Agius Automation and Agius Automation is not responsible for the contents of any Linked Site, or any changes or updates to a Linked Site.  Agius Automation is not responsible for webcasting, or any other form of transmission received from any Linked Site Agius Automation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Agius Automation of the Linked Site or any association with its operators.

  1. Limitation of Liability and Disclaimers

All content appearing on the Agius Automation Web Site is provided for informational purposes only. The Agius Automation 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, its parent, and affiliated companies disclaim all warranties, express or implied, of any kind, regarding the Agius Automation 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, 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 Web Site, its content or its links.

  1. Indemnification

You will defend, indemnify, and hold harmless Agius Automation, 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 Web Site, online conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of the Agius Automation Web Site.

  1. Termination/Access Restriction

Agius Automation reserves the right, in its sole discretion, to terminate your access to the Agius Automation Web Site and the related services or any portion thereof at any time, without notice. Use of the Agius Automation 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 because of this agreement or use of the Agius Automation Web Site. Agius Automation performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Agius Automation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Agius Automation Web Site or information provided to or gathered by Agius Automation 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 with respect to the Agius Automation Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Agius Automation with respect to the Agius Automation 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.

  1. Applicable Law and Forum

The Agius Automation 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 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.

  1. 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, at its sole discretion. Your obligations pursuant to these Terms of Use shall survive termination of the Agius Automation Inc. Web Site, any use by you of the Agius Automation Web Site and of its content, or these Terms of Use.