Effective Date: August 1, 2018
These terms and conditions of use ( “Terms of Use”) constitute a legally binding agreement (this “Agreement”) between you and Great Lakes Veneer, Inc. ( “GLV”), a [State] Corporation having its principal place of business at 222 S Parkview Ave, Marion, WI 54950, the owner and operator of the Great Lakes Veneer website at https://greatlakesveneer.com. This Agreement governs your use of the Website, including through a mobile application or mobile device, and any other services offered through the Website (collectively, the “Website”). The GLV Privacy Policy is incorporated by reference into this Agreement and is available on the Website by clicking here.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use the Website and any associated services.
BY ACCESSING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT AND GLV’S PRIVACY POLICY IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE GLV PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE.
Eligibility:
Any person who wishes to access and use the Website to, for example, research, investigate or purchase products, must (i) be 18 years and older; (ii) have the capacity to form legally binding contracts either personally or on behalf of a legal business entity; and (iii) not be a competitor of GLV. You represent that you meet these criteria, or if you are acting on behalf of a legal business entity, that the legal business entity meets these criteria and you have the authority to bind such entity.
GLV’s Role:
GLV operates the Website to, among other things, provide online access to information about Great Lakes Veneer and its products, allow potential job applicants to review and apply to job postings, and to allow interested parties to request additional information. Any new features added to the Website will also be subject to these Terms of Use.
Your Right to Access and Use the Website:
Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes and pursuant to these Terms of Use and GLV’s Privacy Policy.
Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that GLV, in its sole discretion, may elect to take.
User Information:
You may have the ability to submit certain information to GLV through the Website, including personal information. If you provide information to GLV, then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity. You are solely responsible for the information that you submit or transmit to GLV. By submitting information, you agree that GLV may use, store, display, distribute, and disclose such information in any manner described in its Privacy Policy. By submitting information, you also represent and warrant (i) that you either own or have permission to submit the User Information; (ii) that no third-party rights will be violated by such submission; (iii) and that you have the right to grant GLV the rights to such information described herein and in its Privacy Policy.
When you visit the Website or send emails or otherwise submit information to GLV, you are communicating with GLV electronically. You consent to receive communications from GLV electronically and via any e-mail address you provide to GLV for any purposes. Although GLV may choose to communicate with you by regular mail, GLV may also choose to communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that GLV provides to you electronically satisfy any legal requirement that such communications be in writing.
GLV Intellectual Property:
Except for any third-party content, GLV owns all right, title, and interest in and to, including any and all worldwide intellectual and proprietary rights, the Website, including all content, graphics, logos, page headers, button icons, scripts, text, photos, music, videos, and the like, and any trademarks, trade names, trade dress, service marks related thereto (the “Website Material”). The Website contains the copyrighted material, trademarks, and other proprietary information of GLV and its licensors. The Website is provided for your personal, non-commercial use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, or otherwise exploited for any other purposes (including to create any derivative works) whatsoever, without the prior written consent of GLV (or, where applicable, GLV’s licensors), which may be withheld in GLV’s sole discretion. All rights not expressly granted herein are reserved by GLV.
You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any Website Material, including copyright, trademark, and other intellectual property notices. If GLV discovers that you are using any of GLV’s or another’s intellectual property in any inappropriate or unauthorized manner, GLV may terminate your ability to access this Website (and this Agreement) with or without notice. You will be solely responsible for any damage resulting from your infringement of GLV’s or any other party’s intellectual and proprietary rights regarding the Website and Website Material, and any other harm incurred by GLV or its successors and assigns as a direct or indirect result of your violation of these Terms of Use. GLV and its licensors may pursue all available remedies for any such breach, infringement, or harm…
Third Party Intellectual Property:
GLV respects the intellectual property rights of others. GLV will respond promptly to remove material that infringes another person’s copyright or other intellectual property right once brought to GLV’s attention. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or other intellectual property right infringement, please provide GLV’s agent (designated below) with the following information: (i) a copy or description of the copyrighted work or other right that you claim has been infringed, including registration number if applicable; (ii) the location of where the infringing material is located; (iii) your contact information including telephone number, physical and email address; and (iv) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on its behalf.
Our designated agent to receive notices of claimed infringement is: info@greatlakesveneer.com
Compliance with Applicable Laws and Policies:
Your use of the Website, including all information provided to GLV, must comply with all applicable laws and regulations. You agree that GLV may access, preserve and disclose the information provided to GLV if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any information you provided to GLV violates the rights of third parties; or (iv) protect or enforce the rights, property or personal safety of GLV or any other person.
Access and Interference:
You agree that you will not:
- use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website or for any other purpose, without GLV’s express written permission, which may be withheld in GLV’s sole discretion;
- mirror, frame, or otherwise display the Website on any other domain name, or through any other website.
- take any action that imposes, or may impose, in GLV’s sole discretion, an unreasonable or disproportionately large load on GLV’s network, systems, or infrastructure;
- interfere or attempt to interfere with the proper working of the Website or any activities or services provided or conducted on or in the Website; or
- bypass any robot exclusion headers or other measures GLV may use to prevent or restrict access to the Website.
Amendments to Agreement:
GLV reserves the right to update, amend and/or change this Agreement from time to time. GLV will post any updates, amendments, and/or changes to this Agreement at this location [and will also notify you of any material changes if you have provided GLV with your email address.] Your continued use of the Website after any update, amendment, and/or change to this Agreement constitutes your acceptance of said updates, amendments, or changes (and this Agreement). If at any time you become no longer able to comply with the terms of the current version of this Agreement, you agree to notify GLV. The date on which this Agreement was last updated, amended, and/or changed is noted at the top of this Agreement next to the words “Effective Date.”
Website Modifications:
GLV reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that GLV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. To protect the integrity, security, and availability of the Website, GLV reserves the right at any time, in its sole discretion, to block users from accessing the Website.
Termination:
This Agreement is effective until terminated. You may terminate this Agreement by stopping all use of the Website and providing notice of termination at: info@greatlakesveneer.com. GLV may terminate or suspend this Agreement for any reason or for no reason, with or without notice to you. After termination by you or GLV for any reason, all terms of this Agreement shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
GLV Makes No Representation or Warranties:
THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GLV MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, WHATSOEVER, REGARDING THE WEBSITE OR ANY ASSOCIATED PRODUCTS OR SERVICES. ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM AND USAGE IN TRADE, ARE EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
FOR THE AVOIDANCE OF DOUBT, GLV DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT, WEBSITE, OR ANY ASSOCIATED PRODUCTS OR SERVICES, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, OR COMPLETENESS, OF SAID CONTENT, WEBSITE, AND ASSOCIATED PRODUCTS AND SERVICES. FOR THE AVOIDANCE OF DOUBT, GLV ALSO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, THAT THE CONTENT, THE WEBSITE, OR ANY ASSOCIATED PRODUCTS AND SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, MALWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR INFORMATION. FOR THE AVOIDANCE OF DOUBT, GLV ALSO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH THE WEBSITE.
THE WEBSITE IS CONTROLLED AND OFFERED BY GLV FROM GLV’S (OR ITS SERVICE PROVIDERS’) FACILITIES IN THE UNITED STATES OF AMERICA. GLV MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. USERS FROM OUTSIDE THE UNITED STATES ACKNOWLEDGE AND AGREE THAT THEIR INFORMATION, INCLUDING PERSONAL INFORMATION, WILL BE TRANSFERRED TO AND PROCESSED BY, GLV AND ITS AFFILIATES, SERVICE PROVIDERS, AGENTS, AND REPRESENTATIVES, IN THE UNITED STATES, AND CONSENT TO ANY SUCH TRANSFER AND PROCESSING.
Indemnification:
You shall defend, indemnify and hold harmless GLV and its officers, directors, employees, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, court costs, expert costs, and attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current information to GLV; (iii) your access to or use of the Website; (iv) your transmission, submission, provision, or posting of information to GLV or on the Website; and (vi) any personal injury or property damage caused by you. You agree to cooperate fully with GLV in the defense of any claim. GLV reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of GLV.
Limitation of Liability:
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVEN SHALL GLV BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF DATA, PROFIT, REVENUE OR BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF OR ACCESS TO THE WEBSITE, THE PROVISION OR SUBMISSION OF INFORMATION TO GLV, ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GLV’S LIABILITY AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AND REPRESENTATIVES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF OR ACCESS TO THE WEBSITE, THE PROVISION OR SUBMISSION OF INFORMATION TO GLV, ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE, EXCEED $100, OR ANY AMOUNT PAID BY YOU TO GLV IN CONNECTION WITH THE WEBSITE OR ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, WHICHEVER IS LOWER.
YOU AND GLV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, OR ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IS DISCOVERED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow the exclusion or limitation of certain damages. If these state laws apply to you, some the exclusions or limitations above may not apply.
GLV’s Remedies:
You acknowledge that GLV may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, GLV shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the state courts of Waupaca County, Wisconsin or the federal court for the Eastern District of Wisconsin located in Green Bay, Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on a party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Miscellaneous:
This Agreement and GLV’s Privacy Policy [Insert link to Privacy Policy] represent the entire understanding and agreement between you and GLV regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. This Agreement shall be construed, governed by, and interpreted according to the internal laws of the State of Wisconsin, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. Any dispute, claim or controversy relating to or arising under this Agreement or the dealings of the parties which cannot be resolved amicably by the parties shall be commenced and prosecuted exclusively in the state courts of Waupaca County, Wisconsin or the federal court for the Eastern District of Wisconsin located in Green Bay, Wisconsin (in either event, the “Forum Court”). You and GLV stipulate and consent to the exclusive jurisdiction, personal jurisdiction and proper venue of the Forum Court and waive and relinquish all right to attack the suitability or convenience of such venue or forum by reason of their present or future domiciles, or by any other reason. You and GLV acknowledge that all directions issued by the Forum Court, including all injunctions and other decrees, will be binding and enforceable in all jurisdictions. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. GLV’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
This Agreement, GLV’s Privacy Policy, and all aspects of your relationship with GLV, including any personal information or data associated therewith, may be disclosed and/or assigned by GLV to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with GLV’s ability to transfer all or part of its business, equity, and/or assets (including the Website) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.
If you have any questions, comments, concerns, or feedback regarding this Agreement or the Website, please contact GLV at info@greatlakesveneer.com, or using the address and phone number available on our “Contact Us” page.