PLEASE CAREFULLY REVIEW THESE TERMS
OF USE BEFORE USING THIS SITE.
Introduction and User Agreement
This Terms of Use Agreement (the "Agreement")
sets forth the terms and conditions for your
use of this web site (the "Site").
The Site is owned and operated by Varilease
("Varilease" or "We").
By using the Site, you agree to be bound by
this Agreement. If you do not agree to be legally
bound by this Agreement, you should exit this
Site immediately.
We reserve the right to amend this Agreement
at any time and will notify you of any such
changes by posting the revised Agreement on
the Site. You should check this Agreement periodically
for changes. All changes shall be effective
upon posting. Your continued use of the Site
after any changed to this Agreement constitutes
your agreement to be bound by any such changes.
This Agreement was last updated on October 25,
2005. Varilease may terminate, suspend, change,
or restrict access to all or any part of this
Site without notice or liability.
Restrictions on the Use of Site Content
This Site contains text, data, articles, photos,
images and other information (collectively,
"Content") that is
proprietary to Varilease or its Content providers.
You acknowledge that this Content is protected
by copyrights, trademarks, trade secrets, patents,
or other proprietary rights, and that these
rights are valid and protected in all forms,
media, and technologies existing now and hereinafter
developed. You also acknowledge that the Content
is and shall remain the property of Varilease
or its Content providers (each a "Contributor")
who have been involved in the preparation or
publication of the Content. You may not modify,
transmit, participate in the sale or transfer
of, or create derivative works based on any
Content, in whole or in part. Subject to your
full compliance with this Agreement, You may
print copies of the Content, provided that these
copies are made only for personal, non-commercial
use and that you maintain any notices contained
in the Content, or maintained by the Contributor,
such as all copyright notices, trademark legends,
or other proprietary rights notices. You shall
not store electronically any significant portion
of any Content. Varilease authorizes you to
view and use the Content on this Site solely
for your personal, noncommercial use. The use
of the Content on any other Site, including
by linking or framing, or in any networked computer
environment for any purpose is prohibited without
Varilease's prior written approval.
Trademarks
Varilease (including the Varilease logo), are
trademarks or service marks of Varilease (collectively,
“Varilease Trademarks”). Other company,
product, and service names and logos used and
displayed on this Site may be trademarks or
service marks owned by Varilease or others.
Nothing on this Site should be construed as
granting, by implication, estoppel, or otherwise,
any license or right to use any of the Varilease
Trademarks displayed on this Site, without our
prior written permission in each instance. We
prohibit use of any of the Varilease Trademarks
as part of a link to or from any site unless
establishment of such a link is approved in
advance by us in writing. All goodwill generated
from the use of the Varilease Trademarks will
inure to our benefit.
Copyright Complaints
If you believe, in good faith, that any materials
on the Site infringe your copyrights, notifications
of claimed copyright infringement should be
sent, in accordance with Title 17, United States
Code, Section 512(c)(2) (under the "Digital
Millennium Copyright Act") to
Varilease's designated agent. Notification should
include:
- an electronic or physical signature of the
person authorized to act on behalf of the
owner of the copyright interest;
- a description of the copyrighted work that
you claim has been infringed;
- a description of where the material you
claim is infringing is located on the Site;
- a statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright owner, its agent
or the law; and
- a statement by you, made under penalty of
perjury, that the above information in your
notice is accurate and that you are the copyright
owner or duly authorized to act on the copyright
owner's behalf.
Varilease's agent for notification of claimed
copyright infringement is: Suzanne S. Leibovitz,
number: 248-336-5300; fax: 248-366-5332,, sleibovitz@varilease.com.
Disclaimer of Warranties
NEITHER VARILEASE NOR ANY OF ITS AFFILIATES,
PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT
CONTRACTORS (COLLECTIVELY THE "VARILEASE
PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY OF THE CONTENT IN THIS
SITE. THIS SITE AND ALL OF THE CONTENT IS PROVIDED
"AS IS" AND "AS AVAILABLE",
WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OF YOUR USE OF THE CONTENT.
VARILEASE PARTIES DO NOT WARRANT THAT THE SITE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS PUBLICATION/WEBSITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYOPOGRAPHICAL ERRORS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE VARILEASE PARTIES
BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE
OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY
KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE
ARISING OR RELATING IN ANY WAY TO YOUR USE,
OR INABILITY TO USE, THE CONTENT, THE SITE OR
ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED.
VARILEASE IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE
IS TO STOP USING THE SITE. IF THE FOREGOING
LIMITATION IS FOUND TO BE INVALID, YOU AGREE
THAT THE VARILEASE PARTIES' TOTAL LIABILITY
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION
OF ANY KIND OR NATURE SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Public Areas
This Site may include bulletin boards and chat
rooms ("Public Areas") that allow
feedback to Varilease or interaction between
users. Varilease does not control the messages,
information, or files delivered to Public Areas.
It is a condition to your use of the Public
Areas that you do not:
- restrict or inhibit other users from using
and enjoying the Public Areas;
- post or transmit unlawful, threatening,
harassing, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, indecent,
or racially, ethnically or other objectionable
information, including transmissions that
constitute or encourage conduct that would
be a criminal offense, give rise to civil
liability, or otherwise violate any applicable
laws;
- post or transmit any information that violates
or infringes upon the rights of others, including
material that is an invasion of privacy or
publicity rights or which is protected by
copyright, trademark, or other proprietary
right, without first obtaining permission
from the owner or right holder; and
- post or transmit information that contains
a virus or other harmful component or which
contains advertising or solicitations of any
kind.
You hereby grant Varilease an irrevocable,
perpetual, transferable, royalty free, non-exclusive
worldwide license to use, copy, display, perform,
modify, create derivative works from, and distribute
any information or materials you post on Public
Areas.
Monitoring of the Site
Varilease has no obligation to monitor the Site;
however, you acknowledge and agree that Varilease
has the right to monitor the Site electronically
from time to time and to disclose any information
as necessary or appropriate to satisfy any law,
regulation or other governmental request, to
operate the Site, or to protect itself or other
users of the Site.
Submissions to the Site
All remarks, discussions, ideas, graphics or
other submissions communicated to Varilease
through this Site (collectively, "Submissions")
will be the exclusive property of Varilease
and Varilease is entitled to use any Submission
for any purpose, without restriction or compensation
to the individual who has provided the Submission.
Indemnification
You agree to indemnify and hold harmless the
Varilease Parties from and against any and all
claims, losses, expenses, or demands or liabilities,
including attorneys' fees and costs, incurred
by the Varilease Parties in connection with
any claim by a third party (including any intellectual
property claim) arising out of (i) materials
and content you submit, post to or transmit
through the Site, or (ii) your use of the Site
in violation of this Agreement or in violation
of any applicable law. You further agree that
you will cooperate as reasonably required in
the defense of any such claims. The Varilease
Parties reserve the right, at their own 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 such claim or matter without the written
consent of Varilease. You further agree to indemnify
and hold harmless the Varilease Parties from
any claim arising from a third party's use of
information or materials of any kind that you
post in a Public Area.
Links to Third Party Sites
This Site may contain links to web sites controlled,
owned, and operated by third parties (the "Third
Party Sites"). Varilease cannot
control and has no responsibility for the accuracy
or availability of information provided on the
Third Party Sites. You acknowledge that use
of any Third Party Sites is governed by the
terms of use for those websites, and not by
this Agreement. Links to Third Party Sites do
not constitute an endorsement by Varilease of
such sites or the content, products, advertising
or other materials presented on such sites,
but are for your convenience and you access
them at your own risk. VARILEASE IS NOT RESPONSIBLE
FOR THE CONTENT OF ANY THIRD PARTY WEB SITES,
NOR DOES VARILEASE MAKE ANY WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR
THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY
WEB SITES, AND VARILEASE SHALL HAVE NO LIABILITY
OF ANY NATURE WHATSOEVER IN RELATION TO ANY
OF THE FOREGOING.
Dealings with Advertisers
Your correspondence or business dealings with,
or participation in promotions of, advertisers
or other third parties found on or through the
Site, including payment and delivery of related
goods or services, and any other terms, conditions,
warranties or representations associated with
such dealings are solely between you and such
advertiser. You agree that we are not responsible
nor shall we be liable for any loss or damage
of any sort incurred as a result of any such
dealings or as the result of the presence of
such advertiser on the Site.
Use of Personally Identifiable Information
Varilease's practices and policies with respect
to the collection and use of personally identifiable
information is governed by Varilease'sPrivacy
Policy.
User Conduct
You agree to use the Content and Site only for
lawful purposes. You are prohibited from any
use of the Content or Site that would constitute
an illegal offense, give rise to liability or
otherwise violate any applicable local, state,
national or international law or regulation.
User must Comply with Applicable Laws
This Site is based in Michigan, United States.
Varilease makes no claims concerning whether
the Content may be downloaded or is appropriate
for use outside of the United States. If you
access this Site from outside of the United
States, you are solely responsible for ensuring
compliance with the laws of your specific jurisdiction.
Compliance with Export Laws
The United States controls the export of products
and information. You expressly agree to comply
with such restrictions and not to export or
re-export any of the Content to countries or
persons prohibited under the export control
laws. By downloading the Content, you are expressly
agreeing that you are not in a country where
such export is prohibited or are a person or
entity for which such export is prohibited.
You are solely responsible for compliance with
the laws of your specific jurisdiction regarding
the import, export, or re-export of the Content.
Termination
This Agreement is effective until terminated
by Varilease at any time without notice. Varilease
may suspend or terminate your access and use
of the Site at any time, with or without cause,
in Varilease's absolute discretion and without
notice. The following paragraphs of this Agreement
shall survive termination of your use or access
to the Site: paragraphs concerning Indemnification,
Disclaimer of Warranties, Limitations of Liability,
applicable law and dispute resolution, and any
other provision that by its terms survives termination
of your use or access to the Site.
General Provisions
Failure by Varilease to enforce any provision(s)
of this Agreement shall not be construed as
a waiver thereof. This Agreement and all other
aspects of your use of the Site shall be governed
by and construed in accordance with the laws
of the State of Michigan, without regard to
its conflict of laws rules. All claims and disputes
arising out of this Agreement or your use of
the Site, other than actions for specific performance
or injunctive relief brought by Varilease shall
be exclusively brought in the federal, state,
or local courts located in Michigan and, with
regard to such claims and disputes, you hereby
irrevocably (i) submit to the exercise of personal
jurisdiction over you by those courts and (ii)
waive any jurisdictional, venue, or inconvenient
forum objections to such courts. Any cause of
action you may have with respect to the Content,
Site or this Agreement must be commenced within
one (1) year after the claim or cause of action
arose, or it will be barred. If any provision
of this Agreement is found to be invalid or
unenforceable, the remaining provisions shall
be enforced to the fullest extent possible,
and the remaining provisions of the Agreement
shall remain in full force and effect. You many
not assign this Agreement, by operation of law
or otherwise, without Varilease's prior written
consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of,
and be enforceable against the parties and their
respective successors and assigns. Neither the
course of conduct between parties nor trade
practice shall act to modify any provision of
the Agreement. All rights not expressly granted
herein are hereby reserved.
Contact Us
If you have questions regarding the Agreement
or the practices of Varilease, please contact
us by email at legal@varilease.com
or by regular mail at Varilease, 8451 Boulder
Court Suite 200, Walled Lake, MI 48390, Attention:
General Counsel.
©2005 Varilease. All rights reserved.
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