ATTENTION: PLEASE READ ALL THESE PROVISIONS (COLLECTIVELY THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“Site”). USING THIS WEBSITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR DOWNLOAD MATERIALS FROM THIS SITE.

The Site and its Use

This website is operated by Material Control, Inc DBA Cotterman Company, 130 Seltzer Road Croswell MI 48422 and offers general information about Cotterman, its products and services and other information of general interest. Access to and use of this Site are subject to the terms and conditions set forth in this notice, along with all applicable laws and regulations (including laws and regulations governing copyrights and trademarks). You agree to be bound by these Terms when you use, browse or access any part of the Site.

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Site. We may, from time to time, restrict access to certain features, content, or all or part of the Site. We cannot guarantee the continuous, uninterrupted or error-free operability of the Site.  There may be times when all of, or certain features, parts or content of, the Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any Site, or any features, parts or content of the Site.

You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Cotterman Company’s prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Cotterman Company’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.

The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Cotterman Company and other sources, and are protected by copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws and any other applicable international laws. Cotterman Company owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Cotterman Company’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other website or networked computer or environment is prohibited without Cotterman Company’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer

NOTE: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO QUEBEC AND CANADA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES IN THE CONTEXT OF CERTAIN CONSUMER TRANSACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. COTTERMAN COMPANY ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

COTTERMAN COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. COTTERMAN COMPANY DOES NOT GUARANTEE THE DELIVERY OR SECURITY OF COMMUNICATIONS OVER THE INTERNET AS SUCH COMMUNICATIONS RELY ON THIRD-PARTY SERVICE PROVIDERS, AND ELECTRONIC COMMUNICATION (INCLUDING ELECTRONIC MAIL) IS VULNERABLE TO INTERCEPTION BY THIRD PARTIES.

The information contained within the Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.

Commentary and other materials appearing within the Site are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

If you feel that any information appearing or posted on the Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms, please let us know by contacting us through the Site.

Third-Party Sites

Cotterman Company may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non- Cotterman Company website does not mean that Cotterman Company endorses or accepts any responsibility for the content, or the use of such website. If you use these sites, you do so at your own risk. Cotterman Company makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Cotterman Company is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Cotterman Company.

Third-Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Cotterman Company.

Limitation of Liability

NOTE: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING BUT NOT LIMITED TO QUEBEC AND CANADA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES IN THE CONTEXT OF CERTAIN CONSUMER TRANSACTIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy to the full extent permitted by law is to discontinue accessing and using the Site.

TO THE FULL EXTENT PERMITTED BY LAW, COTTERMAN COMPANY, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COTTERMAN COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COTTERMAN COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

Cotterman Company’s obligations and responsibilities regarding its products and services are governed solely by Cotterman Company’s terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from Cotterman Company.

Information Provided by You

It has been and remains Cotterman Company’s policy not to accept or consider ideas, suggestions or materials other than those that Cotterman Company has specifically requested from you. Accordingly, Cotterman Company does not want you to, and you should not, send any confidential or proprietary information to Cotterman Company through the Site unless specifically requested by Cotterman Company. Please note that any unsolicited information or material sent to Cotterman Company will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically waive any and all moral rights therein and grant to Cotterman Company (or warrant that the owner of such information and material has expressly granted to Cotterman Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Cotterman Company is free to use any ideas, concepts, know-how, or techniques that you send Cotterman Company for any purpose.

As further provided above, Cotterman Company does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Cotterman Company that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.

You shall not upload post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes

Cotterman Company reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Cotterman Company is under no obligation to update Materials. Cotterman Company may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Cotterman Company makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site

Any person linking to Cotterman Company’s Site must comply with Cotterman Company’s guidelines for linking to Cotterman Company’s Site and all applicable laws.

 

International Users

The Site is administered by Cotterman Company from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Please contact Cotterman Company to determine if any restrictions apply in your country. Furthermore, Cotterman Company makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

 

Governing Law

These Terms shall be governed by the laws of the State of Michigan, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In the event of litigation between the parties in respect of the Terms, the parties hereby submit themselves to the exclusive jurisdiction of the State of Michigan and that the outcome of such litigation shall be enforceable in any jurisdiction which recognizes decisions of that court.

These Terms constitute the entire agreement between Cotterman Company and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

 

Return Policy

If for any reason, you are unsatisfied with your purchase, within 30 days of receipt contact us at sales@cotterman.com.