1. LAWS AND REGULATIONS. User access to the Site is
subject to any and all applicable federal, state and local laws and
regulations.
2. PRICING ERRORS. If a product listed has an
incorrect price due to a typographical error or an error in pricing
information, Magna Donnelly has the right to refuse or cancel any orders placed for
a product listed at the incorrect price. If your credit card has already been
charged for the product and your order is cancelled, your account will be
credited within seventy-two (72) hours.
3. COPYRIGHT. All content included on the Site, such
as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Magna Donnelly or its
content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property of
Magna Donnelly and protected by United States and international copyright laws. All
software used on this site is the property of Magna Donnelly or its software
suppliers and protected by United States and international copyright laws.
4. OWNERSHIP/LIMITED LICENSE. Magna Donnelly owns all
information, content, materials, and other items on the Site (collectively,
the "Magna Donnelly Materials"). Subject to these Terms and Conditions of
Use, Magna Donnelly grants User a limited, non-exclusive, non-transferable,
revocable right to view, print and use this Site and the Magna Donnelly Materials
provided herein. Magna Donnelly authorizes User to view and use this Site solely for
User’s own internal business purposes. This limited authorization is not a
transfer of title in or to the Magna Donnelly Materials and User further agrees to
the following restrictions: (i) User must retain all copyright, trademark and
other proprietary notices contained in the Magna Donnelly Materials; (ii) User may
not modify the Magna Donnelly Materials in any way or reproduce or publicly display
them; and (iii) User must not transfer the Magna Donnelly Materials to any other
person or third party. User agrees to comply with all applicable copyright,
trademark, and other intellectual property laws in using this Site. Except for
the limited license provided herein, User does not acquire any ownership
interest, express or implied, under any patents, trademarks, copyrights or
trade secret information viewed through the Site. Users of this Site are
prohibited from modifying, copying, distributing, displaying, creating
derivative works or using any of the Magna Donnelly Materials on this Site for
commercial or public purposes.
5. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE MAGNA
DONNELLY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND AS SUCH THIS
SITE AND THE MAGNA DONNELLY MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. MAGNA DONNELLY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
MAGNA DONNELLY MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNA DONNELLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING
THE SITE AND THE MAGNA DONNELLY MATERIALS. MAGNA DONNELLY DOES NOT WARRANT THAT THIS SITE,
ITS SERVICES OR E-MAIL SENT FROM MAGNA DONNELLY ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MAGNA DONNELLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to
provide certain personal information to access certain portions of this Site.
The collection or use of such personal information shall be governed in
accordance with Magna Donnelly’s Privacy Policy.
7. MAGNA DONNELLY’S PRIVACY POLICY. Registration data
and certain other information about User is subject to Magna Donnelly’s Privacy
Policy.
8. FORUMS. Postings by User to any message
board-Bulletin Board, chat-room or forum, located in this Site will not be
protected as confidential, and Magna Donnelly may use and provide information
contained in any such postings (including any remarks, suggestions, ideas,
concepts, know-how or other intellectual property) to other Users, or any
parent, subsidiary, and/or affiliates of Magna Donnelly for any purpose whatsoever
and as deemed appropriate by Magna Donnelly. By providing any such information or
materials to Magna Donnelly, User grants to Magna Donnelly an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, and display such
information and materials, and you agree that Magna Donnelly is free to use any
remarks, suggestions, ideas, concepts, know-how or other intellectual
property. User acknowledges and agrees that User is responsible for whatever
material User submits on this Site and User agrees not to post or otherwise
disseminate on this Site any unlawful, defamatory, libelous, threatening,
obscene, harassing, vulgar or otherwise unlawful information of any kind, or
materials that incorporate the proprietary rights of any person. User
understands and agrees that Magna Donnelly, its parent, subsidiaries, affiliates,
officers, directors, employees and shareholders shall have no liability for
any information or material contained on a bulletin board or other posting
site.
9. LINKS. Magna Donnelly may provide hyperlinks on this
Site links to other Web sites. If User links to these sites, User will leave
this Site and User does so at User’s own risk. Magna Donnelly makes no warranty or
representation regarding any linked Web sites or the information appearing on
such linked sites. The links do not imply that Magna Donnelly sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in the linked sites. Magna Donnelly
prohibits caching, unauthorized hypertext links to this Site, or the framing
of any Magna Donnelly Materials available on this Site. As such, Magna Donnelly
reserves
the right to disable any unauthorized links or frames and specifically
disclaims any responsibility for the Magna Donnelly Materials available on any other
Web site linked to this Site. Users should be aware that linked sites may
contain rules and regulations, privacy policies, confidentiality policies, and
other provisions that differ from the provisions of this Site. Magna Donnelly is not
responsible for such policies and expressly disclaims any and all liability
related to such policies.
10. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL MAGNA DONNELLY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES,
AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE
USE OF THE MAGNA DONNELLY MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
OR OTHERWISE, EVEN IF MAGNA DONNELLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN MAGNA DONNELLY AND USER REGARDING USE OF THIS SITE.
THIS SITE AND THE MAGNA DONNELLY MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT
SUCH LIMITATION ON DAMAGES.
11. ACCESS TO PROTECTED/SECURE AREAS. Access to and
use of password protected and/or secure areas of this Site are restricted to
authorized Users only. Unauthorized individuals attempting to access these
areas of the Site may be subject to prosecution.
12. VIOLATIONS OF TERMS AND CONDITIONS. Magna Donnelly
reserves the right to seek all remedies available at law and in equity for
violations of these Terms and Conditions of Use.
13. DISPUTES. Any dispute relating in any way to
your visit to magnadon.com or to the products you purchase through
magnadon.com shall be submitted to confidential arbitration in Grand Rapids,
Michigan, except that, to the extent you have in any manner violated or
threatened to violate Magna Donnelly’s intellectual property rights, Magna Donnelly
may
seek injunctive or other appropriate relief in any state or federal court in
the state of Michigan, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator’s
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
15. SECURITIES LAWS. This Site may include
statements concerning Magna Donnelly’s operations, prospects, financial condition
and demand for our products, as well as plans and objectives that are forward
looking. These statements are assumptions that are subject to many factors,
many of which are beyond Magna Donnelly’s control. The Site and the information
contained herein does not constitute an offer or a solicitation for the sale
of securities. None of the information contained in this Site is intended to
be, and shall not be deemed to be, incorporated into any securities-related
filings or documents.
16. INFORMATION/PRESS RELEASES. This Site may
contain information and press releases concerning Magna Donnelly. While this
information was believed to be accurate to the best of Magna Donnelly’s knowledge
when put on this Site, Magna Donnelly expressly disclaims any duty or obligation to
update such information or keep such information current.
17. GENERAL. User agrees to review these Terms and Conditions of Use
prior to reviewing any information from the Site. Any cause of action User may
have with regard to the use of this Site must be instituted within one (1)
year after the claim or cause of action arises or be deemed forever waived and
barred. If any court of competent jurisdiction finds any provision of this
Agreement to be unenforceable, such provision shall be enforced to the maximum
extent permissible, and the remainder of this Agreement shall be separately
enforced.