If you do not agree to these Terms, please do not use the Site.
You are responsible for providing the equipment related to accessing the Site, including all computer remote communications equipment, telephone or other equipment.
ASC reserves the right to modify these Terms at any time without notice. Any change in these Terms is effective immediately upon your receipt of notice from ASC. Notice may be given through e-mail, posting on the Site or any other means by which you may obtain notice. You should periodically check these Terms for any changes.
ASC has the exclusive right to control accessibility, hours of use, features or any other information found on the Site. ASC can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. ASC reserves the right to terminate the Site at any time without prior notice.
The text, images, graphics, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, not may these objects be modified or reposted to other sites. Unless otherwise, expressly noted, nothing that you read or see on the Site may be copied, reproduced, modified, distributed, transmitted, displayed or performed for commercial use without the prior written consent of ASC, with the exception of photos in the Installation Gallery, which may be reproduced as is and distributed.
Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning a name, logo or trademark.
The Site may include links to other sites on the Worldwide Web, the Internet or other sources of information. The use of third party websites is entirely at your own risk. ASC provides such links as a convenience for you, and has not endorsed, tested or verified any information or programs found as such sites with the exception of the ASC owned You Tube, Facebook and LinkedIn sites.
You are not allowed to set up links from your own websites to the Site without prior written consent from ASC.
Registration, Accounts and Passwords
Accessing certain services on the Site may require registration and the creation of an account. If you create an account on the Site, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose and for all activities that occur under such password or account identifiers. You agree to promptly notify ASC of (i) any loss of your password or account identifiers, and any (ii) any unauthorized use of your password or account identifiers. ASC will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this section of the Terms.
ASC honors the intellectual property rights of others and requests all users of the Site to do the same. ASC may, in its sole discretion, terminate the accounts or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others.
If you believe that anything on the Site infringes any copyright, please provide ASC with the following information:
1. Name, address, telephone number, e-mail address and physical or electronic signature of the copyright owner, or someone authorized to act on his/her behalf;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of where the material that you believe is being infringed is located on the Site;
4. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
5. A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You agree to defend, indemnify and hold harmless ASC and each of its respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to your conduct, your violation of these Terms or any other ASC terms, policies or agreements available on or through the Site, or your violation of the rights of any third party.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENTS OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ASC DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATIION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVIDES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH ASC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE.
Limitation on Liability
BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE; AND (3) THAT ASC SHALL NOT BE LIABILIT FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASISS, EVEN IF ASC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
These Terms constitute the entire agreement between you and ASC regarding the subject matter hereof and supersedes any previous agreements. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Notwithstanding anything in these Terms or on the Site, ASC reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site. Any dispute arising out of this agreement shall be governed by the laws of the State of Michigan, U.S.A., without giving effect to its conflict of law principles. Any action relating to this agreement must be filed and maintained in a state or federal court located in the State of Michigan and you consent to exclusive jurisdiction and venue in such courts for such purpose.