WEBSITE DISCLAIMER

 

Alfing Corporation

44160 Plymouth Oaks Blvd.

Plymouth, MI  48170

Phone: (734) 414-5884

Fax:     (734) 414-5899

E-Mail: ac@alfing-corp.com

 

1.       Introduction

1.1    This disclaimer shall govern your use of our website.

1.2    By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3    Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2.       Credit

2.1    This document was created using a template from SEQ Legal (https://www.contractology.com).

3.       Copyright notice

3.1    Copyright (c) [2019 first publication] [www.alfing-corp.com].

3.2    Subject to the express provisions of this disclaimer:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.       Licence to use website

4.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser; and

(c)    print pages from our website, subject to the other provisions of this disclaimer.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.5    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.       Acceptable use

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e)    [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f)    [violate the directives set out in the robots.txt file for our website]; or

(g)    [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6.       Limited warranties

6.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

6.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3    To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7.       Limitations and exclusions of liability

7.1    Nothing in this disclaimer will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

7.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a)    are subject to Section 7.1; and

(b)    govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8.       Variation

8.1    We may revise this disclaimer from time to time.

8.2    The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9.       Severability

9.1    If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2    If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10.    Law and jurisdiction

10.1  This disclaimer shall be governed by and construed in accordance with state and federal laws.

10.2  Any disputes relating to this disclaimer shall be subject to the jurisdiction of the courts of the State of Michigan.

11.    Our details

11.1  This website is owned and operated by Alfing Corporation.

11.2  We are registered in the State of Michigan and our office is at 44160 Plymouth Oaks Blvd., Plymouth, MI  48170.

11.3  Our principal place of business is at 44160 Plymouth Oaks Blvd., Plymouth, MI  48170.

11.4  You can contact us:

(a)    the postal address given above;

(b)    using our website contact form;

(c)    by telephone, using the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

 

Limitation of Liability

1. Website Content

As service provider we are responsible for our own contents on this site according to § 7 para. 1 TMG (Telemedia Act) according to general law. Pursuant to §§ 8 - 10 TMG, however, as service provider we are not responsible for monitoring external information transmitted or stored or for investigating circumstances suggesting illegal activities.

Obligations for the removal or barring of the use of information in accordance to general laws remain unaffected. Any liability concerning this matter can only be assumed from the point of time at which the concrete infringement becomes known to us. Once we have become aware of a corresponding infringement of the law, we will immediately remove the content in question.

As far as legally possible, we shall in no event be liable for or guarantee the up-to-dateness, correctness, completeness or quality of the information provided. Claims of liability against us, which correlate on material or immaterial damages which are caused by the use or non-use of the information provided or by the use of faulty and incomplete information, are strictly excluded provided that there is no deliberate or gross negligence on our part; excluded from this limitation is the liability for damage resulting from the violation of life, body and health.

All offers are subject to change and non-binding.We expressly reserve the right to change parts of the sites or the entire service without separate notice, or to supplement, to delete or cancel the change parts or to cease publication temporarily or permanently.
 

2. References and Links

Our offer contains references and links to external websites of third parties. We have no influence on the contents of these websites.Therefore we cannot assume any liability for these external contents.The provider of information is liable for the content of the linked websites. We are not liable for illegal, faulty or incomplete contents and in particular for damages caused by the use or non-use of such information provided. This is the sole responsibility of the provider of the linked website.

At the point in time when the links were placed, possible infringements of the law were checked. Illegal contents were not recognizable when the link was created. Without any concrete indication for a violation of law, a permanent content control of linked websites is not reasonable. Once we have become aware of a corresponding infringement of the law, we will immediately remove such links.

This applies for all links and references set within the own internet content as well as for external entries in guest books, discussion platforms, link directories, mailing lists set by us and in any other forms of data banks for the contents of which external write access is possible.
 

3. Copyright and trademark rights

The content and works published by us on this website are governed by the German copyright laws. Any duplication, processing, distribution and any form of utilisation beyond the scope of copyright law shall require the written consent of the author and/or copyright holder. Downloads and copies of this website are only allowed for private, non-commercial use.

As far as the content of this website was not created by us, the copyrights of third parties were considered.In particular, contents of third parties are identified as such. Should you nevertheless become aware of a copyright infringement, we kindly ask you for a corresponding notice. Once we have become aware of a corresponding infringement of the law, we will immediately remove such contents.

All brand names and trademarks stated within the internet service and possibly protected by third parties are subject without restrictions to the provisions of the applying trademark law.
 

4. Spam messages

The use by third parties of all published contact data in the disclaimer or of similar data such as addresses, phone and fax numbers as well as email addresses for the transmission of not explicitly required information is not allowed. We expressly reserve the right to take legal steps upon infringement of this prohibition.
 

5. Legal validity of this limitation of liability

If parts or single formulations of this limitation of liability do not comply, do no longer comply or do not completely comply to the effective legal situation and therefore are no longer effective, the other parts shall remain unaffected with reference to content and validity.


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