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Privacy Policy
This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between
Lean Cost Engineering, LLC d/b/a Collaborative Supply Chains (hereinafter
“Company”), a Michigan limited liability company with an address or notice purposes
of 7457 Franklin Road, Suite 200, Bloomfield Hills, MI 48301, and you, the user
(“you”, “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the
Company’s website (“Website” or “Websites” or “Site”). BY CLICKING THE “I AGREE”
BUTTON OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR
USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR
CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF
THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO
THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS
WEBSITE OR THE SERVICES CONSITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERCEDES ALL PREVIOUS
VERSIONS, CAN BE REVIEWED BY GOING TO [LINK] You are hereby put on notice that you
are obligated to periodically review this document to make yourself aware of any
changes hereto and any continued use of the Site shall constitute your acceptance
thereof.
APPLICABLE USE AND ACCESS. You may use this Website only for purposes
expressly permitted by this Agreement. As a condition of your use of Company’s
Websites, you warrant to Company that you will not use the Websites for any purpose
that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and
notices. If Company believes you are using the Website for any purpose that may
breach this Agreement, Company has the right to deny access to this Site, or to any
of its resources, and to terminate or suspend your access at any time.
NO UNLAWFUL ACCESS. You agree that you will not use the Website in any
manner that could in any way disable, overburden, damage, or impair the Websites or
otherwise interfere with any other party’s use and enjoyment of the Websites. You
further agree that you will not obtain, or attempt to obtain, any materials,
content, or information by any means not expressly made available or provided for
through the authorized use of the Website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company’s Website is for your
personal and non-commercial use, unless otherwise specified in writing. You may not
use any Company Website for any other purpose, including any commercial purpose,
without the prior express written permission of an authorized representative of the
Company in each instance, which permission will be at Company’s sole and absolute
discretion. You must not post, upload or link to anything that advertises any
commercial endeavor (e.g., offering for sale any products or services) or otherwise
engage in any commercial activity (e.g., conducting raffles or contest, displaying
sponsorship banners, and/or soliciting goods or services), or solicit funds,
advertisers, and/or sponsor for any purpose. You may not modify, copy, distribute,
display, send, perform, reproduce, publish, license, create derivative works or,
transfer, sell, or otherwise infringe upon any intellectual property rights related
to any information, content, software, products or services obtained from or
otherwise connected to Company’s Website, in whole or in part.
PROPRIETARY INFORMATION. You acknowledge and agree that the Website’s
Content, including any necessary software used in connection with the Website and
any of the Services provided by the Website (“Software”), contain proprietary and
confidential information that is the property of Company and its licensors and is
protected by applicable intellectual property and other laws. No rights or title of
to any of the Content or Software used in connection with the Website is provided,
transferred or assigned to you. You further acknowledge and agree that Content
contained in advertisements or information presented to you through the Website or
advertiser is protected by copyright, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by the Website or its
advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Content or Software, in whole or in part. You also
acknowledge Company’s exclusive rights in the Website’s trademarks and service
marks.
SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works of, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, or other information or
materials of any kind or nature communicated by you (or on your behalf) to Company
through this Site (each, a “Submission”), and to incorporate any Submission in other
works in any form, media, or technology now known or later developed. You agree that
Company will not be bound to trat any Submission as confidential and may use any
Submission in its business (including without limitation, for products, services,
marketing, or advertising) without incurring any liability for royalties or any
other consideration of any kind, and will not incur any liability as a result of any
similarities that may appear in future Company operations or businesses.
RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of
this Site to determine compliance with these Terms of Use, as well as the right to
edit, refuse to post, or remove any information or materials, in whole or in part,
at its sole discretion. Company reserves the right to terminate your access to any
or all of the Website ay any time without notice for any reason whatsoever.
DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal
process, or governmental request.
PERSONALLY IDENTIFIABLE INFORMATION. Company agrees that it will treat any
personally identifying information that you submit through his Site in accordance
with the applicable laws, rules, and regulations.
DISCLAIMER & LIMITATIONS ON LIABILITY.
You understand that Company cannot and does not guarantee or warrant that files
available for downloading from the Company Websites will be free of viruses, worms,
Trojan horses, or other code that may cause damage or harm to your computer(s) or
network(s). You acknowledge that you will be solely responsible for implementing
sufficient procedures and checkpoints to protect your computer(s) and network(s),
and that you will maintain adequate means of backup of your personal data, external
to this Website. Company further disclaims any responsibility to ensure that the
Content located on its Websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE
FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT
WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY
CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT
THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY
MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
THIS WEBSITE PROVIDES COST ESTIMATING SERVICES. THESE SERVICES ARE FOR DEMONSTRATIVE
PURPOSES ONLY AND SHOULD NOT BE RELIED ON BY YOU WITHOUT INDEPENDENT VERIFICATION
AND ADDITIONAL DUE DILLIGENCE. ESTIMATES AND PRICES MAY VARY BASED ON REAL WORLD
MARKET FLUCTUATIONS AND OTHER VARIABILITIES, KNOWN AND UNKNOWN, BY YOU OR COMPANY.
YOU AGREE THAT COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE
FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATING IN ANY WAY TO YOUR USE OF
THE WEBSITE OR THE SERVICES CONTAINED THEREIN, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT,
TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO
COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL
CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH
SUCH CLAIM RELATES OR FOREVER BE BARRED.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES AGENTS,
OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”)
HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT
OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE
INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR
UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSE, DAMAGES,
JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEY’S FEES OF THE INDEMNIFIED PARTIES
IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED
PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF
YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, trade names,
and copyrighted works (hereinafter , “Intellectual Property”) appearing on this Site
are the property of Company or the party that provided the Intellectual Property to
Company. Company and any party that provides Intellectual Property to Company retain
all rights with respect to any of their respective Intellectual Property appearing
in this Site and do not transfer at any time to user and/or any other third party.
SECURITY. Any passwords used for this Site are for individual use only. You
will be responsible for the security of your password(s) at all times. From time to
time, Company may require that you change your password. You are prohibited from
using any services or facilities provided in connection with this Site to compromise
security or tamper with system resources and/or accounts. The use or distribution of
tools designed for compromising security (e.g., password crackers, rootkits, Trojan
horses, or network probing tools) is strictly prohibited. If you become involved in
any violation of system security, Company reserves the right to release your account
details to the system administrators of other websites and/or the authorities in
order to assist them in resolving security incidents. Company reserves the right to
investigate suspected violations of these Terms of Use. Company reserves the right
to fully cooperate with any law enforcement authorities or court order requesting or
directing Company to disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are believed to violate
these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN,
AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
DISPUTES. If there is any dispute about or involving these Terms of Use
and/or the Website, you agree that any dispute shall be governed by the laws of the
State of Michigan, notwithstanding any principles of conflicts of law. You
specifically consent to personal and exclusive jurisdiction by and venue in the
State and Federal courts of Oakland County, Michigan in connection with any dispute
between you and Company arising out of or involving this Agreement and/or the
Website.
MISCELLANEOUS.
If any part of these Terms of Use is found by a court of competent jurisdiction to
be unlawful, void, or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Company as a result of this Agreement or use of Company’s
Websites.
These Terms of Use constitute the entire agreement among the parties relating to the
subject matter hereof, and supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written between you and Company with
respect to Company's Websites. Notwithstanding the foregoing, you may also be
subject to additional terms and conditions, posted policies, guidelines, or rules
that may apply when you use the Website or any of its Services. Company may revise
these Terms of Use at any time by updating this posting. You should review the
Agreement from time to time to determine if any changes have been made to the
Agreement. Your continued use of the Website after any changes have been made to
this Agreement signifies and confirms your acceptance of any changes or amendments
to this Agreement.
The failure of Company to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. Any waiver of
this Agreement by Company must be in writing and signed by an authorized
representative of the Company.