Terms and Conditions of USE
Updated: December, 2016
Welcome to sensitile.com. Sensitile Systems LLC and its affiliates (“Sensitile”) provide website features to you subject to the following terms and conditions. If you visit and/or shop at sensitile.com, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use and the Terms and Conditions of Sale. Please read them carefully. These Terms and Conditions of Use are subject to change by Sensitile at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. In addition, when you use any current or future Sensitile service or business, you will be subject to both this Terms and Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
When you visit sensitile.com or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sensitile or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Sensitile and protected by U.S. and international copyright laws. All software used on this site is the property of Sensitile or its software suppliers and protected by United States and international copyright laws.
- Trademarks. SENSITILE, SENSITILE SYSTEMS, SENSITILE.COM, SCINTILLA, JALI, TERRAZZO LUMINA, SENSITILE TERRAZZO, LUMINA, REFLECTIONS, PIXA, SLANT, INFINITY, WING, CELESTE, ZARI REFLECTIONS, FIN, VAPOR, SPARK, JALI S, JALI ORGANICS, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Sensitile in the United States and other countries. Sensitile’s trademarks and trade dress may not be used in connection with any product or service that is not Sensitile’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Sensitile. All other trademarks not owned by Sensitile that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, endorsed or sponsored by Sensitile.
- Patents. One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: U.S. Patent Nos. 7,559,680, 7,529,680, 7,988,324, 7,547,128, 7,422,354, 7,229,203 and all corresponding foreign counterparts.
LIMITED LICENSE AND RESTRICTIONS ON USE
Sensitile grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sensitile.
- No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sensitile.
- No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sensitile without express written consent.
- Metatags. You may not use any metatags or any other “hidden text” utilizing Sensitile’s name or trademarks without the express written consent of Sensitile. Any unauthorized use terminates the permission or license granted by Sensitile.
- Linking. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of sensitile.com so long as the link does not portray Sensitile, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sensitile trademark, logo or other proprietary graphic as part of the link without express written permission.
ACCESS TO THE SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Sensitile believes the information you provide is not correct, current, or complete, Sensitile has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
- Cooperating with Authorities. Sensitile reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Sensitile to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SENSITILE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SENSITILE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SENSITILE OR LAW ENFORCEMENT AUTHORITIES.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
- Nature of Content. Visitors to sensitile.com may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Sensitile reserves the right to monitor use of this site to determine compliance with these Terms and Conditions of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Sensitile nor any third party that provides Content to Sensitile will assume or have any liability for any action or inaction by Sensitile or such third party with respect to any submission.
- False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Sensitile reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sensitile for all claims resulting from content you supply. Sensitile has the right but not the obligation to monitor and edit or remove any activity or content. Sensitile takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright Complaints. Sensitile and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via the information provided below.
TERMS AND CONDITIONS OF SALE
Sales of all Sensitile’s products, including any online sales at Sensitile.com, are governed exclusively by our Terms and Conditions of Sale.
Sensitile attempts to be as accurate as possible. However, Sensitile makes no warranties that the product descriptions and any other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Sensitile itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES
You understand that Sensitile cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data Sensitile does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Sensitile. Investors, borrowers, and other persons should use the content of this site in the same manner as any other educational medium and should not rely on the content of this site to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SENSITILE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SENSITILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SENSITILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENSITILE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SENSITILE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSITILE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SENSITILE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSITILE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SENSITILE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SENSITILE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SENSITILE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Sensitile does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
SENSITILE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SENSITILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY SENSITILE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SENSITILE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold Sensitile its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
By visiting sensitile.com, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Sensitile. Any action seeking legal or equitable relief arising out of or relating to sensitile.com will be brought only in the courts of the State of Michigan or the United States District Court for the Eastern District of Michigan.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to sensitile.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Any questions you may have regarding our Terms and Conditions of Use should be directed via email to email@example.com, or via telephone at +1 (313)872-6314. You can also write us at:
1735 Holmes Rd.
Ypsilanti, MI, 48198 USA
Terms and Conditions of SALE
Updated: December, 2016
Sensitile Systems, LLC (“Sensitile”) designs and manufactures proprietary, custom products that manipulate light to respond to movement, shadow and color (“Products”) and provides consulting services relating to its products (“Services”). Sensitile works with architects, designers, general contractors, and users of its Products.
CONTRACT FOR THE SALE OF GOODS AND SERVICES
These Terms and Conditions, combined with a completed quote accepted by Sensitile (Schedule A) (the “Quote”), establish the entire contract between Sensitile and the business ordering Products or Services (“Customer”) and supersedes all prior or contemporaneous writings, promises or understandings. It may be amended only by a writing signed by representatives of the parties authorized to enter into this Agreement and identified as an Amendment.
PROHIBITION AGAINST COUNTERFEITING
The Products are protected by patent, trademark, and trade secret. Products are provided solely for use by Sensitile Customers or end users, as defined below. Customers (whether a fabricator of technology, end user, architect, designer, manufacturer, or other person/company requesting the Products) may not use Sensitile Products other than in accordance with these Terms and Conditions. Customer will not use the Products or Services to reverse engineer, duplicate, deconstruct, test, examine by machine, or use to design or create material similar to any Products.
INTELLECTUAL PROPERTY RIGHTS
Sensitile retains all intellectual property rights in and to all designs, engineering details, specifications, trademarks, knowhow, trade secrets, and data and materials pertaining to all Products and Services. Neither Customer or end user will use the trademarks “Sensitile,” Sensitile Systems, “Jali,” “Volatile,” “Scintilla,” “Slant,” the Sensitile Logo, or any other Sensitile trademark to identify any Products or Service other than the authentic Product manufactured, or Service rendered, by Sensitile. No license is granted to Customer pursuant to these Terms of Service.
The Customer accepts the terms of the Quote by any of the following actions: (a) signing the Quote and sending the signed Quote to Sensitile, (b) issuing a purchase order to Sensitile in response to a Quote, (c) paying against a Sensitile invoice or in accordance with the Quote, and/or (d) accepting Sensitile Products or Services. Prices quoted to Customer are subject to change if a Quote is not accepted within thirty (30) days of the date on the Quote.
The Quote will contain, as appropriate for each Order, a line item breakdown of the costs and details (as appropriate) related to the Products or Services to be provided to Customer. Customer shall pay any costs, fees, or expenses attributable to changes to the Order requested by Customer, request for delivery to a different address, request for repair or replacement of Products damaged by Customer, or any other reason other than delivery by Sensitile of conforming Products.
Customer shall pay any price increases for raw materials and components charged to Sensitile by its suppliers prior to delivery of the Products, so long as such increases do not exceed twenty percent (20%) of the original price of the Order.
Unless otherwise stated in the Order, Customer shall pay in full for all Orders prior to shipment. Customer shall pay a deposit of fifty percent (50%) for all Orders within five (5) days of accepting an Order, with the balance due and payable prior to shipment. Customer’s failure to completely pay for an Order before shipment shall prevent shipment of the Order and Sensitile shall not be in breach of this Contract for delaying the shipment of an Order due to the failure of Customer to fully pay the balance of any Order.
Sensitile’s Products are unique, and require specialized knowledge for the proper shipping, handling, installation, use, repair, and care. Customer is solely responsible for reviewing and complying with Product information and installation instructions provided by Sensitile (“Product Materials”).
CHANGE ORDERS/“RUSH” DELIVERY
If a Customer requires a change to an accepted Order, Customer and Sensitile will execute a change order (“Change Order”). Change Order requests (including a request for “rush” order or delivery), will be accepted by Sensitile in its sole discretion. No Change Order is effective until signed by Sensitile. Each Change Order shall be subject to a fee in addition to the additional fees and expenses associated with the requested change. Payment of fees for Change Orders is due upon signing of the Change Order by Customer.
For any non-expedited Order cancelled by Customer, in whole or in part, Customer may be refunded a portion of their deposit less such costs and fees incurred by Sensitile in connection with the Order. Such fees and costs will be directly proportionate to the duration of production time that has elapsed since the Order was placed.
For any “rush” Order cancelled by Customer, in whole or in part, more than forty-eight (48) hours after the Order is placed, no portion of the deposit made to Sensitile will be refunded.
If Sensitile is required to store completed or partially completed Orders for Customer for more than ten (10) days after notification by Sensitile to the Customer of Order completion, Customer shall pay Sensitile’s then-current daily storage charges. Sensitile is free to cancel an Order, without recourse from Customer, and resell any Products stored in excess of thirty (30) days. In the event Sensitile elects to resell the Products, Customer shall be liable for any deficiency between the resale price received by Sensitile and the initial Order price with Customer, in addition to any other accrued fees.
SHIPPING AND DELIVERY; RISK OF LOSS
The method of shipment and delivery for Customer’s Order is identified in the Order. When Sensitile makes shipping arrangements, the price for the shipment of the Order is included in Schedule A. The shipment is insured to its invoiced value. Sensitile bears the risk of loss or damage during transit and title transfer occurs at the delivery location.
If the Customer picks up or assigns a third party carrier, in its sole discretion, to pick-up the Products detailed in the Order, Sensitile will assist the Customer by providing shipment dimensions, weight, and both the time and date the shipment will be available for pick-up by Customer or carrier. Document preparation and arrangements to pick-up the Product is the sole responsibility of the Customer. Customer must inform Sensitile of its shipping arrangements. Sensitile will not release a shipment to a third party without notice from the Customer. When the Customer makes shipping arrangements, title transfer occurs at Sensitile’s dock and the Customer bears risk of loss or damage during transit. Sales Tax will be assessed on the Order if a resale certificate or other documents requested by Sensitile are not provided by the Customer. This is payable in full before the Order can be released.
Sensitile shall not be in breach of this Contract for delay in delivery resulting from the conduct of a third party, including its suppliers, shippers, and exporters.
PRODUCT ACCEPTANCE; EXCLUSIVE REMEDY
For shipments received with visible signs of damage:
The Customer is responsible for maintaining documentation of delivery of Products and the state of packaging upon delivery. If Customer determines that the Product or its packaging is damaged at the time of receipt, upon receipt it must document such damage with photographs and narrative detail, and send to Shipping@sensitile.com and retain the crate, packaging and damaged material until further notice to present for insurance inspection. The Customer may also refuse the delivery and immediately report such refusal to Shipping@Sensitile.com. Any damage claims made after twenty-four (24) hours of delivery are null and void.
For shipments received without visible signs of damage:
Customer shall have one (1) business days from the date of delivery to inspect all Products received for damage. Products are deemed to have been delivered without damage unless, within that one (1) business day period, Customer notifies Sensitile in writing that the Products were received damaged and provides Sensitile with documentation of such damage.
All notices that any Product is damaged should be sent to Production@sensitile.com. All notices should include the Customer’s name and contact information, the Order number, the specific Product that the Customer believes is damaged, and proof of the defect (photograph and narrative).
Sensitile may, in its sole discretion: (i) replace any damaged Products, (ii) reach an agreement with Customer as to a price adjustment, or (iii) terminate the Order and refund the purchase price paid by Customer for the Product that is damaged. These remedies are Customer’s sole and exclusive remedies in the event of the delivery of damaged Products.
Non-Conforming Product Claims:
Customer shall have five (5) days from the date of delivery to inspect all Products received for non-conformance with the specifications. If a Product is non-conforming, the Customer must immediately notify Sensitile in writing that (i) the Products received are non-conforming, and (ii) provides Sensitile with documentation of the non-conformance. Products are deemed “Accepted” upon the earlier to occur of: (a) five (5) days after receipt by Customer or (b) any installation or attempted installation of the Products or material modification to the Products. Once the Customer attempts to install the Products, Sensitile is not required to take any action regarding an alleged non-conformance.
All notices that any Product is non-conforming should be sent to Production@sensitile.com. All notices should include the Customer’s name and contact information, the Order number, the specific Product that the Customer believes is defective or non-conforming, proof of the non-conformance (photograph and narrative), and a reasonably descriptive statement of the non-conformance.
In the event the non-conformance substantially and materially impairs the use of the Product, Sensitile may, in Sensitile’s sole discretion: (i) remedy any nonconformance with conforming Products, (ii) reach an agreement with Customer as to a price adjustment, or (iii) terminate the Order and refund the purchase price paid by Customer for the Product that is non-conforming. These remedies are Customer’s sole and exclusive remedies in the event of the delivery of non-conforming Products.
PRODUCT LIMITED WARRANTY; EXCLUSIVE REMEDY
Sensitile warrants that, for a period of one (1) year from the date of delivery (“Warranty Period”), the Products shall be free from material defects when used in accordance with Product information and materials. This warranty shall not apply where (i) Products are used in a manner not recommended by Sensitile, in the Sensitile materials or otherwise, (ii) damage caused by Customer, including improper use, handling, installation, transportation, storage, exposure to temperature variations or used in proximity to chemicals or other compounds, or (iii) other cause not inherent in the Product. Failure by the Customer to give written notice of claim within the Warranty Period and to provide documentation of such nonconformance shall be deemed an absolute and unconditional waiver of Customer’s warranty claim.
Customer shall submit any warranty claim to Sensitile in writing by sending a notice to Production@sensitile.com. All notices shall include the Customer’s name and contact information, Order information, proof of the claim (photograph and narrative), and a reasonably descriptive statement of the warranty issue. Where Sensitile’s inspection of such reported warranty claim discloses that the claim is within the Warranty Period and not otherwise barred, Sensitile may, in its sole discretion: (i) remedy any nonconformance with the applicable Product(s), (ii) reach an agreement with Customer as to a price adjustment, or (iii) refund the purchase price paid by Customer for the Product that is defective. These remedies are the sole and exclusive remedies in the event of a breach of warranty.
Due to the specialized nature of Sensitile’s Products, variations in color, shade, flow, grain, tonality, crazing, veining, texture, facial dimensions, thickness and slight bubbling are inherent characteristics thereof and are not defects. No warranties are made against crazing, scratching or wear and tear.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY SENSITILE AND WAIVED BY CUSTOMER. SENSITILE DOES NOT REPRESENT OR WARRANT THE PERFORMANCE OF THE PRODUCT IN CONNECTION WITH OTHER PRODUCTS OR AS INTEGRATED INTO ANY SPECIFIC ENVIRONMENT.
TIME FOR BRINGING CLAIM
Neither party may bring any action, regardless of form, in connection with the Products, Services or any Order, more than one (1) year from the date of delivery of an Order.
LIMITATION OF LIABILITY FOR DAMAGES
NOTWITHSTANDING ANYTHING IN THIS CONTRACT TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE OBLIGATIONS UNDER THIS CONTRACT. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOST PROFITS, LOSS OF USE, LOST REVENUE, AND COST OF CAPITAL.
THE PARTIES AGREE THAT THE TOTAL DAMAGES THAT CAN BE AWARDED IN ANY CLAIM BY CUSTOMER RELATING TO SENSITILE’S OBLIGATIONS UNDER THIS CONTRACT (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE), SHALL NOT EXCEED THE TOTAL OF AMOUNTS PAID BY CUSTOMER TO SENSITILE UNDER THE CONTRACT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE ABOVE LIMITATIONS ON LIABILITY IS A MATERIAL PROVISION OF THE CONTRACT.
Neither party shall be liable if its performance is delayed, made impossible, or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party’s reasonable control.
GOVERNING LAW, JURISDICTION AND VENUE
The Contract shall be governed by and construed in accordance with the laws of the State of Michigan without reference to the choice of law principles thereof. Both the Convention on Contracts for the International Sale of Goods and the terms of the Uniform Commercial Code, as adopted in any jurisdiction, are expressly excluded. Each party irrevocably submits to the jurisdiction of the Courts of the State of Michigan and the United States District Court for the Eastern District of Michigan and hereby waives any claim of lack of personal jurisdiction, challenge to venue, or forum non conveniens.
Any questions you may have regarding our Terms and Conditions of Sale should be directed via email to firstname.lastname@example.org, or via telephone at +1 (313)872-6314. You can also write us at:
1735 Holmes Rd.
Ypsilanti, MI, 48198, USA
- Purpose. The information we learn from customers allows us to personalize and continually improve the total experience at sesitile.com. It allows us to communicate with you regarding the Web site and your orders or purchases made through sensitile.com. It also allows you to communicate with us in some ways. Users of the Web site can access limited features of this Web site without disclosing personal information. In order to access the entire Web site, users must register for an account, which will provide the registrant with full access to the Web site, including access to the Web site’s forums, message boards and chat rooms.
- Types of Information. We receive and store any information you enter on our Web site or give us in any other way. Information is collected from you when you do the following activities: search, buy, bid, post a review or opinion, participate in a contest or questionnaire, or communicate with customer service. Other information we collect can be: name and address (to fulfill an order placed), e-mail address, items stored in a wanted item list, buying and searching patterns, any reviews submitted and accompanying information, credit card information supplied, shipping information, and financial information, including Social Security numbers and Driver’s License numbers. This list is not exclusive, and may be altered without notice based on information that you supply voluntarily
- Right to Refrain from Giving Information. You have a right to refrain from giving us certain information, but then you might not be able to take advantage of all of our features. We use the information that you provide us to enhance our services, such as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
- Information Sought During Registration. During the account registration process, you will be asked to submit personal information, including your proper name and at least one active e-mail address. At this time, you will also have the opportunity to subscribe to any and all Web site newsletters regarding Sensitile’s product news, services and special offers or events. Registrants can also unsubscribe to these newsletters at any time by updating registration account information online.
- Information Sought During Web site Sweepstakes or Contests. When the Web site offers sweepstakes or contests, personal information is collected with the purpose of notifying you if you win the sweepstakes or contest. This information may also be used for marketing purposes.
- E-mail Communications. We communicate and make special offers available via email. To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from sensitile.com if your computer supports such capabilities. We often receive email lists from other companies who offer similar services to ours. To avoid sending duplicate emails to our customers, we may compare our customer list to these lists received from other companies. If you do not want to receive e-mail or other mail from us, please adjust your e-mail contact preferences.
More about Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide enhanced features such as accelerated purchasing, customized and personalized shopping suggestions, personalized greetings, and storage of items in your shopping bag between visits. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. The purpose of a cookie is to tell the web server that you have returned to a specific page, so that when you visit the site again, the experience will be personalized. Most Web browsers have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The help portion of the toolbar of your browser will tell you how to select the option that suits you best. If you choose to set your computer to accept cookies from this Web site, you may also choose to be logged into the site automatically. If you choose to decline cookies, you may not be able to fully experience the interactive features of the this Web site or the other Web sites that you visit and you may experience technical problems receiving current information from such cookie-disabled Web sites.
Use of Web Beacons. Sensitile’s Web site pages may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Sensitile to count users who have visited those pages and for other related Web site statistics—(e.g., recording the popularity of certain Web site content and verifying system and server integrity). Web beacons are not used to access your personal information on Sensitile’s Web sites; they are solely used to compile aggregated statistics concerning the use of the Sensitile’s Web sites. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
Supplemental Software. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at sensitile.com if we cannot recognize you, we want you to be aware that these tools exist.
- Storage and Transfer of Personally Identifiable Information. Sensitile may store and process in the United States or any other country in which Sensitile or its affiliates, subsidiaries, or agents maintain facilities. By using Sensitile’s Web sites, you consent to any such transfer of information outside of your country.
- Information from Other Sources. Occasionally, we supplement the information that we receive that has been outlined above with information from other sources and companies. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
- Information You Can Access. Information collection and processing is designed to better assist you in shopping and using our site. Some of the information that we may collect and process may be accessed by you. Examples of information you may be able to access at sensitile.com include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences, address book, and fast ordering settings); payment settings (including credit card information and gift certificate, gift card, and check balances); e-mail notification settings; recommendations (including recent product view history, and prior order history); shopping lists; and your personal area (including your product reviews, requests, and recommendations).
USE AND SHARING OF INFORMATION
Sensitile collects and uses your personal information in order to operate its Web site and to provide its online and electronic services. The information that we collect about our customers and users is an important part of our business. We respect and value this information, and do not want to jeopardize the flow of information between our customers and the site. Therefore, we are not in the business of selling this information to other Web sites or businesses. The collection of your e-mail address, name and address during account registration enables Sensitile to send you any requested newsletter(s) or to send you any requested mailings or offers. Information concerning your geographical location is used to determine if Sensitile should provide regionalized information to its customers. Except as otherwise stated below, the personal information you provide on this site will not be shared with any third-parties, although Sensitile reserves the right to share such information with its affiliates, subsidiaries and independent sales representatives without your permission.
- Disclosure Regarding Service Providers. Sensitile may contract with other companies to provide services on our behalf, such as hosting this Web site, product review pages, sending out information or promotional offers that may be of interest to you (e.g., via email, direct mail, or on mobile devices), processing credit card payments, delivering goods, providing customer service, performing statistical analysis of our services and analyzing this Web site. We provide these companies with only those elements of your personal information they need to deliver those services. We prohibit these companies and their employees from using that personal information for any other purpose.
- Disclosure Regarding Other Third Parties. Sensitile provides links to send e-mail messages to this Web site for your convenience and your e-mail address is used so that this Web site may reply to your inquiry. Sensitile may track the pages on this Web site that our customers visit in order to determine which areas of the site are the most popular. This data is used to deliver customized content and advertising within the Web site to customers whose behavior indicates that they are interested in a particular subject area. In some cases, if we have your permission, we will make your personal information available to third parties who have products or services that we believe will be of interest to you. If you later decide that you do not want us to share your personal information with these companies you can contact us. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
The securing of your personal information is important to us. We maintain physical, electronic, and procedural safeguards to secure your information. However, “perfect security” does not exist on the Internet, and there is always a risk in transmitting information electronically. The personal information we collect is stored within databases that we control directly or through our service providers. We use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Of course, any information that you post to any message board, discussion group, or other public posting area on this Web site is available to anyone with Internet access.
If you create an account on sensitile.com, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. This password can be changed at any time after you first log into the service by using your current password. We recommend that you do not disclose your password to any other person. If you share a computer with anyone, you should always log out of the Web site before leaving it to prevent access to your information from subsequent users of that computer. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.
COMMUNITIES AND FORUMS OFFERED ON THIS WEBSITE
Any personally identifiable information or personally sensitive data that you disclose through the Communities, Forums, Message Boards, Chat Rooms, or other public online forums hosted on this Web site, may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums. Sensitile encourages you to review the privacy statements of Web sites you choose to visit via hyper-links posted on this Web site so that you can understand how those Web sites collect, use and share your information. Sensitile is not responsible for the privacy policies or other content on third-party Web sites accessed through Sensitile’s Web site.
USER ACCESS TO AND CONTROL OF INFORMATION
When you access your account, there is a variety of information that you may see. This is designed to allow you to update any changed information and view the information that you entered previously. This information is sensitive, and it is necessary to both protect this information and keep it current in order to have the best experience at our site.
You can access some of the information that we collect and process about you. For example, you can access information regarding recent orders from the Web site; personally identifiable information (including name, e-mail, password, communications preferences, address book); payment settings (including credit card information and gift certificates); e-mail notification settings; and prior order history.
With respect to your communications preferences, you can unsubscribe from newsletters by following the instructions included in the newsletter you receive. If your e-mail address has changed and you would like to continue to receive newsletters, you will need to access your account and update your e-mail address information in your account and sign-up again for the newsletter. Occasionally, Sensitile will send out e-mails concerning Web site disruptions, new products and other news about Sensitile’s products and services. These e-mails are sent to all account holders and are not subscription-based. Such e-mails are considered a part of Sensitile’s service to the users of its Web site.
You always have the right to refrain from providing any information. This may have an impact on use of the site and on the ease of making purchases or taking advantage of certain unique features of the site.
- Prior Information. You can add or update certain information on pages such as those listed in the directly above. When you update information, we usually keep a copy of the prior version for our records.
- Cookie Choices. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, affecting the acceptance of cookies means that you will not be able to use such important features as accelerated ordering and customized product suggestions.
We do not sell products for purchase by children. If you are under 18, you may use sensitile.com only with the involvement of a parent or guardian.
Sensitile is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and the European Union. We have certified that we adhere to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor Web site. If you would like more information about the Safe Harbor program, please visit the Web site at http://www.export.gov/safeharbor.
CONDITIONS OF USE, NOTICES, AND REVISIONS
1735 Holmes Rd.
Ypsilanti, MI, 48198 USA
© 2017 Sensitile Systems LLC