Site Terms

10/18/2006 rev. 1.0

ANY ACCESS TO AND USE OF DPI-INMOLD.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE') IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS").  BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS.  THE TERMS MAY CHANGE FROM TIME TO TIME IN DPI IN-MOLD SOLE DISCRETION, AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED.  IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. Site Use Generally
1.2 Copyright and Trademark. The Site design, text, logos, buttons, icons, images, audio clips, graphics and software, and the selection and arrangement of such elements are the property of DPI IN-MOLD and accordingly copyrighted and protected by worldwide copyright laws and treaty provisions.  The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Except as expressly provided herein, DPI IN-MOLD does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

 1.3 Links to Other Materials. Linked sites are not under the control of DPI IN-MOLD and DPI IN-MOLD is not responsible for the content of any linked site or any link contained in a linked site.  DPI IN-MOLD reserves the right to terminate any link or linking program at any time.  DPI IN-MOLD provides such links only as a convenience to you.  DPI IN-MOLD has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links.  If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

 1.4 Communication and Provision of Information. Any material, information or other communications you transmit or post to this Site will be considered non-confidential, non-exclusive, royalty-free, irrevocable, fully sub licensable and non-proprietary ("communications"). DPI IN-MOLD will have no obligations concerning the communication.  In case you submit personal data to this Site or otherwise to DPI IN-MOLD, you hereby consent to DPI's use of such data for the purposes of evaluating your information and market DPI IN-MOLD's products and services.

 1.5 Minors; Territory. The Site is a business and commercial web site and shall not be accessed by persons under the age of 18.  DPI IN-MOLD operates this Site from its office within the United States.  DPI IN-MOLD makes no representation that content and materials on this site are legal or appropriate for use from outside the United States.  If you access this Site from outside the United States, you do so at your own risk.  You may not use the Site in violation of United States export laws and regulations.
 

2. Trademarks
 2.1 General. Unless otherwise indicated, all names, product and service marks and logos displayed on the Site are the property of and subject to the trademarks right of DPI IN-MOLD, its affiliates, related companies or its licensors or joint venture partners. DPI IN-MOLD trademarks and brand names may be used only in accordance with the use permitted according to this Legal Statement or with the prior permission from DPI IN-MOLD.  Any use of DPI IN-MOLD trademarks in the advertising and promotion of DPI IN-MOLD products requires proper acknowledgement.  The absence of a product or service name or logo from this list does not constitute a waiver of any trademark or other intellectual property rights concerning the name or logo.

 2.2 Manufacturer Trademarks.
 

3. Disclaimer of Warranties
 3.1 General.  DPI IN-MOLD MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) 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, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.  DPI IN-MOLD UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.

 3.2 No Warranties.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.  YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  DPI IN-MOLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

4. Limitation of Liability and Remedies
 4.1 Exclusion.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DPI IN-MOLD BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF DPI IN-MOLD KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 4.2 Indemnification.  You agree to defend, indemnify and hold DPI IN-MOLD harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which DPI IN-MOLD may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of these Terms.

5. General
 5.1 Modification.  DPI IN-MOLD reserves the right at any time and in DPI's soled discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.  DPI IN-MOLD may revise these Terms at any time by updating this posting.  You should visit this page from time to time to review the then-current Terms because they are binding on you.  Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site.  DPI IN-MOLD reserves in its sole discretion, the right to (1) change these Terms; (2) monitor and remove postings; and/or (3) discontinue the Site (or any part thereof), temporarily or permanently, availability at any time without notice.  If any term, condition, or provision of these Terms is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.  You agree that DPI IN-MOLD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 5.2 Jurisdiction.  The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles.  DPI IN-MOLD and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Kent County, Michigan.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

 5.3 Equitable Relief.  You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause DPI IN-MOLD irreparable damage, which cannot be readily remedied by monetary damages in an action at law.  Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, DPI IN-MOLD shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

 5.4 Entire Agreement.  The Terms embody the entire agreement and understanding between DPI IN-MOLD and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms.  No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.