Terms of Use and Disclaimer


Welcome to the Michelman, Inc. web site (the "Site").
NOTICE PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS SITE.
By accessing, browsing or using the Site, you consent and agree to these terms and conditions of use and all applicable laws. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THE SITE.

GENERAL
The terms that govern your use of the Site may be changed periodically. Your use of the Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Periodically, we may change, move or delete portions of, or may add to, the Site.  Michelman, Inc. ("Michelman") will update the effective date when the terms are updated.

PRIVACY
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Michelman in accordance with the terms of and for the purposes set forth in our Privacy Policy.

CONDUCT
In using the Site, you are prohibited from any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Michelman. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Michelman and our business affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Michelman’s name or trademarks without the express written consent of Michelman. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.
Unless otherwise specified, the Site is for your personal and noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Michelman. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Site, without prior written permission of Michelman is strictly prohibited. Any communications you send to the Site or otherwise to Michelman by electronic or other means are nonproprietary. Michelman shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including developing, manufacturing and/or the marketing goods or services.

COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Site (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Michelman.  You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any Content found on the Site. Nothing on the Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Site, without the prior written permission of Michelman. Any rights not expressly granted herein are reserved.

LINKS TO OTHER WEB SITES AND SERVICES
The Site may contain links to other Internet sites on the World Wide Web. Michelman provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Site. Links from the Site to any other site does not mean that Michelman approves, or endorses or recommends that site. Michelman disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.


THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Please be aware of the existence of the intellectual property rights (including patents and patent applications) owned by any third party(ies) and seek your own counsel’s advice to avoid the possible infringement of such intellectual property rights in using such products. Michelman, Inc. shall in no event be responsible for any damages or liabilities caused by infringement or alleged infringement of said intellectual property rights in relation to the use of such products.


FITNESS FOR USE
Although the product information and recommendations at this web site (hereinafter "Information") are presented in good faith and believed to be correct, Michelman, Inc. makes no representations or warranties as to the completeness or accuracy of Information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Michelman, Inc. be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers. The applications of Michelman’s products introduced in this web site are provided for reference purposes only.

DISCLAIMER
THE SITE AND ALL CONTENTS, INFORMATION, SERVICES AND PRODUCTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, 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 OUR SITE, AND THAT MICHELMAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. MICHELMAN MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (vi) THE SITE OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

INACCURACY DISCLAIMER
From time to time there may be information on The Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.  

LIMITATION OF LIABILITY
IN NO EVENT SHALL MICHELMAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MICHELMAN HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, MICHELMAN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY MICHELMAN.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO STOP USING THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, BROWSING, OR USE OF THE SITE, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITE.

INDEMNIFICATION
You agree to defend, indemnify and hold Michelman harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any other person accessing the Site using your Internet account.

APPLICABLE LAWS
The Site is administered by Michelman from its offices in Cincinnati, Ohio, United States of America and is intended for use by residents of the United States of America only. Your use of the Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, including all contracts for the sale of merchandise.  You consent and submit to the exclusive jurisdiction of the state or federal courts located in Hamilton County, the state of Ohio, in any legal proceeding directly or indirectly arising out of or relating to the Site. Michelman's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Michelman may assign its rights and duties under this Agreement to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any alleged claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Michelman makes no representation that materials in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside the United States of America do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the substantive laws of the State of Ohio.

GENERAL
These Terms and Conditions and those found in the Michelman Privacy Policy set forth the entire understanding and agreement between you and Michelman with respect to the Site. You acknowledge that any other agreements between you and Michelman with respect to the Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

INFORMATION or COMPLAINTS:  
If you would like any further information or if you have a complaint regarding the Site, please click here to email us, call us at (513) 793-7766 or use the postal address below.

Michelman
9080 Shell Road
Cincinnati, OH 45236