| Please read these terms and conditions carefully before any use of this site or the information contained herein.
By accessing or using this site, you agree to be bound by the terms and conditions set forth below. Blackmer may modify these terms and conditions at any time and such modification shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of such modifications and your continued access or use of this site shall be deemed your conclusive acceptance of the modified terms and conditions. In the case of any violation of these terms and conditions, Blackmer reserves the right to seek all remedies available at law and in equity. If you do not agree to comply with these terms and conditions, please do not use this site. By accessing this site, you agree to hold Blackmer harmless against any claims for any damages arising from any use of this site.
1. Content and Accuracy
THE INFORMATION PROVIDED AT THIS SITE IS PROVIDED "AS IS", “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FREEDOM FROM COMPUTER VIRUS. Blackmer further does not warrant the accuracy, reliability or completeness of the information at this Site. Use of any information is at your own risk. Blackmer may make changes to the information provided at this Site, at any time without notice. While Blackmer does strive to update the content of this Site on a regular basis, the information provided may be out of date, or contain errors and Blackmer makes no commitment to update or correct the materials at this Site. Discussion or identification of products or services other than those provided by Blackmer is for informational purposes only and does not constitute a recommendation or endorsement for such other products or services.
2. Limitation of Liability
The use of this Site is at your own risk. IN NO EVENT SHALL Blackmer OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS, SPECIAL DAMAGES, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, MATERIALS AND FUNCTIONS PROVIDED AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the exclusion or limitation of liability for consequential or incidental damages so the foregoing limitation may not apply. In such states, Blackmer's liability is limited to the greatest extent allowable by law. Blackmer assumes no responsibility and shall not be liable for any damages to or viruses that may affect your computer equipment or other property on account of your access to, use of or browsing in the Site or downloading of any materials or data from the Site. Blackmer makes no warranties that any materials or information provided on this Site shall be uninterrupted or error-free, or that this Site is free from viruses, worms or other harmful or destructive components or properties.
This Site may contain links to other sites. This Site may be accessed from other sites. Blackmer makes no representations or warranties, express or implied, regarding such other sites. Blackmer accepts and shall have no responsibility for such other sites or information contained thereon. Blackmer does not control such sites in any manner. You assume all risks in connection with use of such other sites and the information contained therein. Blackmer makes no endorsement or other approval of any sites or data thereon.
You agree to indemnify, defend and hold harmless Blackmer, its directors, officers, employees, affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys fees) related to any violation by you of these terms and conditions.
Blackmer may change, suspend, terminate or discontinue any aspect of this Site at any time. Blackmer may also impose specific restrictions on your access to this Site or parts thereof or limit certain features of the Site without notice or liability.
This Site is controlled and operated from Blackmer offices within the State of Michigan, United States of America. The terms governing use of this Site shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree that any suit, action or proceeding relating to this Site and its contents shall be filed only in Kent County, Michigan and you hereby consent to submit to personal jurisdiction of such courts for any suits, actions or proceedings. If you choose to access this Site from other jurisdictions you do so at your initiative and are responsible for compliance with applicable laws. Blackmer is not responsible for any violation of such laws. You agree you will comply with all laws, rules and regulations that may pertain to this Site or the information contained hereon. These terms and conditions constitute the entire agreement between Blackmer and you with respect to any use of this Site. Any cause of action you may have with respect to use of this Site must be commenced within one year after the claim or cause of action arises. If any provision of these terms and conditions or a portion thereof is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible under law so as to effect the intent of the remainder of the terms and conditions and all other terms and conditions shall continue in full force and effect. Blackmer’s failure to enforce or insist upon any performance or provision of these terms and conditions shall not be construed as a waiver of any such provision or right. Blackmer can assign its rights or duties under these terms and conditions to any party at any time without notice. Some of the provisions of this Agreement are for the benefit of Blackmer, its officers, directors, employees, agents, licensors, suppliers and affiliates. Each of those individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.