1. DEFINITIONS. As used here:
a. “Materials” means source code, code samples, object code, technical materials, documentation, data, and any other content, information, technology or services available on the Site.
d. “Use” and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A “User” is a person or entity who Uses the Site.
e. “You” means you personally, as well as any person or entity on whose behalf you are Using the Site.
2. ACCESS TO THE SITE AND THINGS YOU FIND HERE. This section refers to the Materials found on the Site, as defined above.
a. Use at Your Own Risk. You understand that this website may or may not pre-screen Materials, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, defamatory or offensive content, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks.
b. Copyright Infringement. We are committed to respecting others’ intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Site, please contact our copyright agent by mail at Surplus Insurance Brokers Agency Copyright Agent, 10929 Kayla Ct., Osceola, IN 46561
a. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SCHMIDT FURNITURE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SCHMIDT FURNITURE MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHMIDT FURNITURE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR MATERIALS, EVEN IF SCHMIDT FURNITURE HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST SCHMIDT FURNITURE FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE OR MATERIALS. YOU AGREE TO HOLD SCHMIDT FURNITURE HARMLESS FROM, AND YOU COVENANT NOT TO SUE SCHMIDT FURNITURE, FOR ANY CLAIMS IN CONNECTION WITH THE SITE OR ANY MATERIALS, INCLUDING THIRD PARTY MATERIALS AND SUBMISSIONS.
c. Trademarks. All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms.
e. Governing Law. These Terms are governed by the laws of the State of Indiana and applicable U.S. Federal law without regard to choice of law rules or the United Nations Convention on the International Sale of Goods. With respect to any disputes relating to these Terms, You agree to submit to the personal jurisdiction of the U.S. District Court for Indiana, and the state courts of the State of Indiana for the County of St. Joseph.
f. General. These Terms constitute the entire agreement between You and Surplus Insurance Brokers Agency regarding their subject matter, and supersede any prior versions. No modification to the Terms will be binding, unless authorized by Surplus Insurance Brokers Agency in writing or as provided in Section 5.d above. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with an enforceable provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize You to Use or access the Site or Materials will remain in effect after termination or expiration of this agreement between us. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Surplus Insurance Brokers Agency as a result of these Terms or Your access to or Use of the Site and Materials.