Terms & Conditions
Effective Date: February 12, 2015
Last Updated: February 12, 2015
This Web site is provided to you by Getman Corporation (“Getman” or “we”). Access to and use of this Web site and the services available at this Web site are subject to the following terms and conditions as set forth in this notice. By accessing or using the Web site or downloading materials from the Web site, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this Web site. “You” or “Your” refers to the user and the user’s employer or entity as well as the individual(s) using the Account Information of your organization.
1. Your Agreement. The Site is owned and operated by Getman and is made available to you only for informational purposes. By accessing or using this Site, you are further agreeing that your use of the Site is at your own risk. You should visit this page periodically to review the most current Terms and Conditions.
2. Your Use of Site. Unless otherwise specified, you may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type (“Site Content”) obtained from the Site. Getman grants to authorized Users a non-exclusive, revocable, limited license to access and use the Site for informational purposes and for no other purpose. In exercising the foregoing license, you may view and download a single copy of the Site Content solely for informational purposes. Any other use of Site Content, without the prior written permission of Getman is prohibited. You may not sell, transfer or assign any rights, content or materials provided by Getman or provided via the Site without the express written consent of Getman.
You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content, in whole or in part, outside of the specific usage rights granted to you by Getman as described in these Terms and Conditions. You may not to use the Site in any manner that interferes with Getman’ normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.
3. Passwords. Certain areas of the Site are protected by password or are otherwise subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use. If you are a registered user, you have been, or will be, issued one or more unique username(s), password(s), and/or other registration information (“Account Information”). You agree and represent that all information provided by you to Getman in connection with your Account Information is accurate and up-to-date. If any of the information provided by you to Getman in changes, you must update it. Account Information shall be provided only to identified employees who have reached the age of 18 or the age of majority in the user’s location, whichever is later. Account Information may not be shared by other employees within the user’s organization and may not be shared outside the user’s organization. You agree that the information submitted via this website can be used by Getman in accordance with its Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. The user is responsible for, and agrees to be responsible for, all use of the Account Information, including password(s) and user name(s) issued to it. You may notify Getman at 59750 34th Ave., Bangor, MI 49013if you become aware of any unauthorized use of your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what, if any, personally identifiable information you post or transmit on the Site. We may at some time utilize e‑mail to communicate with users about service-related matters; by using the Site, you are consenting to the receipt of these communications.
Getman reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.
4. Posting/Transmitting Content on/through the Site. Any communication or material other than your personal information submitted to this Web site by electronic mail is the exclusive property of Getman Corporation and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. Getman Corporation shall be free to use them for any purpose whatsoever without restriction or compensation. You are responsible for all content that you post on or transmit through the Site. You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Getman’ express, written consent; (c) material that, in the sole discretion of Getman, is pornographic, sexually explicit or obscene or which contains content promoting incest or bestiality; (d) content that, in the sole discretion of Getman, exploits children and/or minors or promotes pedophilia; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that Getman has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of Getman, may be deemed grossly offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content that promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, sexual orientation or gender identity; (i) content promoting or providing instructional information about illegal or illicit activities; (j) content that transmits or contains viruses, corrupted files, etc.
5. Prohibited Conduct. The following are all prohibited: (a) framing, (b) using engines, tools, software bots and other automated devices to search the Site; (c) aggregating, copying or duplicating material or information provided on the Site beyond the scope permitted herein; (d) accessing or using content of others for purposes other than that intended by the content owner; and/or (e) using the Site in any way to engage in misappropriation of trade secrets, tortious interference or any other tortious, illegal or improper activity.
6. Links to Other Sites. Getman.com may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. You acknowledge that such other sites or locations are not under the control of Getman and you agree that Getman shall not be responsible for any information or additional links found at such other site or location, or for your use of such information. Getman has not endorsed, tested or verified any information or programs found at such sites.
7. Removal from Site. Getman reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions.
8. Intellectual Property Rights. You agree that Getman (or its licensor) owns any and all world-wide, registered or unregistered, intellectual property rights and interests in and to all information, content, materials and/or other materials that may reside in the Site including all Site Content. Distribution, transmission, modification, copying, reproducing or any other type of use of the Site Content for commercial, public or private purposes is prohibited without the prior express written permission of Getman. Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the Site without the prior express written permission of Getman. Except as noted herein, no right or license is granted under any copyright, patent or trademark of Getman Corporation to any other party.
9. Non-Enforcement of Rights by Getman. Getman shall have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in information, content, materials and/or other materials you may submit to or transmit through the Site.
10. Disclaimer of Warranties. THE INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. GETMAN CORPORATION SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS WEB SITE. All content is subject to change. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Getman neither warrants nor represents that your use of any Site Content will not infringe the rights of any third parties nor that the Site Content will be accurate, complete, up-to-date or available for your use when desired. The information found on this Web site is constantly being updated. Users are responsible for checking the site on a regular basis to keep up with these changes.
11. Limitation of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL GETMAN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GETMAN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law. Getman shall not be liable for any viruses, Trojan horses or other damage to computer equipment, data or software arising from your use of the Site.
12. Indemnification. You agree to indemnify, defend, and hold harmless Getman, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs resulting from: (a) any violation of these Terms and Conditions, (b) any activity related to your internet account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your internet account or computer) and/or (c) any content you submit or transmit through the Site in violation of these Terms and Conditions. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the Site.
13. Restricted Rights. The content of the Site is subject to restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions imposed by applicable law. Use by the Government constitutes acknowledgement of Getman’s proprietary rights therein.
14. Law and Jurisdiction. These Terms and Conditions and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact. You consent to personal jurisdiction in all courts in the State of Michigan for in any action disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.
15. Modification and Termination. By providing Site Content, Getman does not promise that the Site Content will remain available to you. By using this Site, you agree to accept and abide by these Terms and Conditions. Getman may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page. If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above. Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and Getman.
Getman may end this legal agreement with you at any time if you violate the terms of the agreement, if Getman is required to do so by law, or if Getman determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. Getman shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions. Upon termination of this agreement, Sections 8-12 and 14 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties’ agreement as herein expressed.
16. Governing Agreement. These Terms and Conditions and the Getman Privacy Policy shall govern your legal relationship with Getman with respect to this Site. However, if additional terms and conditions are at any time provided with respect to a particular service or feature of the Site, those terms and conditions will control with respect to the particular service or feature to which they relate if there is a conflict between the service- or feature-specific terms and these Terms and Conditions.
17. Contact Information. If you have any questions about this the practices of this Web site or your dealings with this Web site, you can contact:
GETMAN CORPORATION
59750 34th Avenue
Bangor, MI 49013
269-427-5611
Contact Form
18. Limitation to Adults. The use of this site is intended to be limited to persons who have reached the age of 18 or the age of majority in the such person’s location, whichever is later.
19. Import and Export Compliance. You may not use or otherwise export or re-export the Site or Site Content except in compliance with U.S. laws and the laws of any other applicable jurisdiction. You represent and agree that your use of the Site and Site Content will comport with all applicable law.
Copyright © 2016 Getman Corporation. All Rights Reserved.
