Terms & Conditions
Neither the Website nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Website, such software, and all elements thereof, are licensed to you by Separation Solutions for your personal use only. You may not modify or prepare derivative works based upon the Website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Website.
Reservation of Rights
All rights, titles, and interests in and to this Website are owned by Separation Solutions. The Website is protected by United States copyright law and international treaty provisions. All trademarks, service marks, and trade names are proprietary to Separation Solutions. None of the items mentioned herein may be used without the express written consent of Separation Solutions.
The website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Separation Solutions makes no representations about the suitability of the information, software, products, and services contained on the website for any purpose Separation Solutions disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Separation Solutions does not warrant that the website will operate or perform in a manner that is uninterrupted or error-free, or that the Website or host server will be maintained free of viruses or other harmful code. Separation Solutions makes no warranties that the information presented on the Website is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will Separation Solutions be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the website.
Links to Third Parties’ Websites
This Website may contain hyperlinks, which links the User to other documents or Websites that are operated by third parties other than Separation Solutions. Such hyperlinks are provided solely for User’s references. Separation Solutions does not control such Websites and is not responsible for their contents. Separation Solutions’ inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites or any association with their operators. Accordingly, User agrees to hold harmless Separation Solutions its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
General Terms and Conditions
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in Michigan, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of Michigan, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Kalamazoo, Michigan, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and Separation Solutions as a result of this Agreement or use of this Website. User agrees not to hold himself or herself out as a representative, agent, or employee of Separation Solutions and Separation Solutions shall not be liable for any representation, act, or omission of the User.
Separation Solution’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Separation Solution’s right to comply with law enforcement requests or requirements relating to the User’s use of this Website or information provided to or gathered by Separation Solutions with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and Separation Solutions with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Separation Solutions with respect to this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Website, the User agrees to indemnify Separation Solutions its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from User’s use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.