Website Terms of Use

Website Terms and Conditions for www.alamods.com and linked sites (hereinafter “Terms of Use”)

INTENDED AUDIENCE/USE: Made Systems, LLC ("Made Systems") a Michigan, U.S.A. company provides this website (the "Site") to you, subject to these Terms of Use. The Terms of Use may be updated by Made Systems from time to time without notice to you. You can review the most current version of the Terms of Use at: [http://www.alamods.com/documents/terms.html]. This Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this Site (collectively "Content"), is intended for the lawful use of Made Systems’s customers, employees and members of the general public who are over the age of 13, and citizens of the United States or Canada. Made Systems operates and controls this Site from its offices within the United States. Made Systems makes no representation that the Content is appropriate or available for use in other locations, and access to the Site from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Some Content from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (1) into, or to a national or resident of, any country to which the United States has placed an embargo; (2) to anyone on the United States Treasury Department's Specially Designated Nationals list; or (3) the United States Commerce Department's Table of Denial Orders. Made Systems is not and cannot be liable for any third party use of its Content from this Site, in violation of any applicable law.

You acknowledge that Made Systems reserves the right in its sole discretion to refuse or terminate your access to the Site or to terminate any licenses granted hereunder at any time. The indemnities, obligations of confidentiality, and limitations on liability described herein, and any right of action for breach of these Terms of Use arising prior to termination will survive such termination.

GOVERNING LAWS / EXCLUSIVE JURISDICTION: Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by Made Systems (e.g. Made System’s Terms and Conditions of Sale), shall be governed by the laws of the State of Michigan without regard to any conflicts of laws provisions. The federal and state courts of the state of Michigan shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content (unless otherwise expressly stated by Made Systems [e.g. in Made System’s Terms and Conditions of Sale]). By using this Site, you expressly consent to: (i) the personal jurisdiction and venue of the courts of Michigan and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you.

ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use as well as our Privacy Policy, posted on this Site. Made Systems reserves the right to make changes to our Site, Privacy Policy and these Terms of Use at any time without notice to or approval by you. No modifications made to these terms by you will be binding unless signed by an authorized representative of Made Systems. To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. No waiver of any of these terms is effective unless stated in a writing signed by Made Systems. You agree to comply with all applicable laws and regulations, including without limitation, limitation of liability, jurisdiction, and U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SITE.

ELECTRONIC COMMUNICATIONS: Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.

OWNERSHIP OF INFORMATION: The contents of the Site and translated versions are copyrighted  Made Systems, USA. No licenses are conveyed under any intellectual property rights, unless expressly stated in writing by Made Systems. The information contained on this Site, including images hereon, is copyrighted and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of Made Systems, except as listed below:

CONTENT: Any person is authorized to print out or store Content on a single computer for personal use with Made Systems products or to make copies of Content on this web page for personal use with Made Systems products, provided that the Content contains Made Systems’s copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information images, text, or layout of Made Systems without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use or breach of these Terms of Use automatically terminates the license granted hereunder without notice and you must stop use of and destroy all copies of the Content. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show Made Systems or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by Made Systems. You may not use our trademarks as part of the link without our express written permission.

MADE SYSTEMS SOFTWARE: Use of software including, but not limited to, source code from the Site (the “Software”) is subject to the copyright notices, disclaimers, and any license terms accompanying such Software, whether set forth at the install of each program or posted in a header or text file. If such notices or terms accompany the Software, then in addition to these Terms of Use the terms set forth below shall apply:

Made Systems or its licensors retain all ownership and intellectual property rights in the Software, the underlying technology, and in all derivatives thereto (by whomever produced). You may use the Software, and any derivatives created by any person or entity by or on your behalf, exclusively with Made Systems’s products. You agree that you are solely responsible for testing the Software and determining its suitability. Made Systems has no obligation to modify, test, certify, provide maintenance or support the Software.

SOFTWARE MODIFIED BY MADE SYSTEMS: If you use this Site to give Made Systems access to such software and Made Systems modifies such software (the “Modified Software”) at your request, then Made Systems’s copyright notice, disclaimer, and any license terms that accompany such Modified Software shall apply. If no such notices or terms accompany the Modified Software, then the terms set forth below shall apply:

You agree that you are solely responsible for testing the Modified Software and determining its suitability. Made Systems has no obligation to modify, test, certify, or support the Modified Software.

Software Related Disclaimers and Limitation on Liability: The Disclaimer of Warranties and Limitation on Liability of these Terms of Use shall apply to Made Systems Software and Modified Software; provided, however, that the following cap on liability shall apply to such software:

TO THE FULLEST EXTENT ALLOWABLE BY LAW, MADE SYSTEM’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO MADE SYSTEMS SPECIFICALLY TO ACCESS THE SOFTWARE OR HAVE YOUR SOFTWARE DEVELOPED OR MODIFIED.

OPEN SOURCE COMPONENTS: Notwithstanding the software licenses granted in these Terms of Use, you acknowledge that certain components of software may be covered by so-called “open source” software licenses (“Open Source Components”), which means any software licenses approved as open source licenses by the Open Source initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. To the extent required by the licenses covering Open Source Components, the terms of such license will apply in lieu of the software license grants in these Terms of Use. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the restrictions in these Terms of Use with respect to such Open Source Component, such restrictions will not apply to such Open Source Component.

PATENTS: The products sold by Made Systems are covered by intellectual property rights, including patents. Made Systems defends its intellectual property rights.

CONFIDENTIALITY: You agree that any non-public Content received by you from Made Systems is proprietary information belonging to Made Systems and its licensors (“Proprietary Information”). Except as expressly and unambiguously allowed by the license or in these Terms of Use, you will hold in confidence and not use or disclose any Proprietary Information and will similarly bind your employees and relevant Third Party(ies) in writing. If you are required to disclose Proprietary Information by law, court order, or government agency, you will: (1) assert its confidential nature, (2) give Made Systems prompt notice of such requirement to disclose; and (3) cooperate fully with Made Systems in protecting against such disclosure. You agree that the provisions of these Terms of Use regarding unauthorized use and nondisclosure of the Proprietary Information are necessary to protect the legitimate business interest of Made Systems and its licensors and that monetary damage alone cannot adequately compensate Made Systems or its licensors if such provisions are violated and so Made Systems will have the right to injunctive relief in addition to all other remedies at law or in equity.

DISCLAIMER OF WARRANTY: THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. MADE SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS OR ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. MADE SYSTEMS AND ITS SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR APPLICATION OF THE CONTENT ON THIS SITE, INCLUDING THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE CONTENT. MADE SYSTEMS MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, OR TO THE PRODUCTS DESCRIBED THEREIN, AT ANY TIME WITHOUT NOTICE. MADE SYSTEMS AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT WILL MEET THE REQUIREMENTS OF YOU OR ANY THIRD PARTY, BE UNINTERRUPTED, OR ERROR-FREE. MADE SYSTEMS HAS NO OBLIGATION TO UPDATE OR CORRECT THE CONTENT ON THIS SITE.

LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL MADE SYSTEMS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, OR FOR ANY LOSS OF PRODUCTION; COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES; LOSS OF CAPITAL, SOFTWARE, PROFIT, REVENUES, CONTRACTS OR BUSINESS; COST OF REWORK; LOSS OF GOODWILL OR ANTICIPATED SAVINGS; WASTED MANAGEMENT TIME, OR ANY CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF) EVEN IF MADE SYSTEMS HAS BEEN ADVISED OF THEIR POSSIBILITY OR THEY ARE FORESEEABLE. MADE SYSTEM’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE REASONABLE AND AN ESSENTIAL PART OF THESE TERMS OF USE.

YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES: WITHOUT AFFECTING MADE SYSTEM’S RESPONSIBILITIES TO YOU UNDER THESE WEBSITE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACCEPT THAT YOU, NOT MADE SYSTEMS, ARE SOLELY RESPONSIBLE FOR (I) ANY PRODUCT OR PROCESS WHICH USES OR INCORPORATES MADE SYSTEMS GOODS OR CONTENT, (II) REVIEWING/ TESTING GOODS AND CONTENT AND DETERMINING THEIR SUITABILITY FOR USE IN YOUR APPLICATION, PRODUCT OR PROCESS, AND (III) DETERMINING WHETHER YOUR PRODUCTS OR SYSTEMS EMPLOYING MADE SYSTEMS GOODS OR CONTENT INFRINGES PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES.

Use in life support systems: Goods are not designed for use in life support and/or safety equipment where malfunction of the product can result in personal injury or death. Your use or sale of Goods for use in life support and/or safety applications is at your own risk. You agree to defend and hold Made Systems harmless from any and all damages, claims, suits or expenses resulting from such use.

TECHNICAL PROBLEMS: Made Systems shall also not be liable for any technical problems encountered in access to the Site or in downloading or attempting to download any Content from the Site, regardless of whether the technical problem is caused by the negligence of Made Systems or others.

INDEMNIFICATION: You will defend, indemnify, and hold Made Systems harmless from and against all claims, costs, damages, expenses (including reasonable attorney’s fees), liabilities, and losses, including without limitation: (i) any claims directly or indirectly arising from or related to the use, modification, disclosure or distribution of the Content or any intellectual property rights related thereto and (ii) any breach of these Terms of Use.

PRIVACY POLICY: Click here  for a link to our Privacy Policy which also governs your visit to our Site.