USE OF SITE
This Web site is provided solely for the use of current and future
customers of eRATHSBURG, LLC to provide you with information
about our company, to permit you to place orders for our products
and services, and to enable you to contact us with any questions
or comments that you may have. Any other use of this site is
prohibited. By way of example, you should not use any features
of this site that permit communications or postings to post,
transmit, display, or otherwise communicate:
i. any defamatory, threatening, obscene, harassing, or otherwise
unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or
other similar type of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable
information of others; or
v. any materials subject to trademark, copyright, or other laws
protecting any materials or data of others in the absence of
a valid license or other right to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images,
designs, photographs, writings, graphs, data, and other materials
(“Materials”) are the property of eRATHSBURG, LLC
and are protected by copyrights, trademarks, trade secrets,
or other proprietary rights. Permission is granted to display,
copy, distribute, download, and print portions of this site
solely for the purposes of using this site for the authorized
uses described above. You must retain all copyright and other
proprietary notices on all copies of the Contents. You shall
comply with all copyright laws worldwide in your use of this
Web site and prevent unauthorized copying of the Contents.
Except as provided in this Notice, eRATHSBURG, LLC does not
grant you any express or implied right in or under any patents,
trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site is at your sole
risk. Neither eRATHSBURG, LLC, its affiliates, nor any of their
officers, directors, employees, agents, third-party content
providers, or licensors (collectively, “Providers”),
or the like, warrant that this site will be uninterrupted or
error-free; nor do they make any warranty as to the results
that may be obtained from the use of this site, or as to the
accuracy, completeness, reliability, security, or currency
of the Materials.
The Materials may contain errors, omissions, inaccuracies, or
outdated information. Further, eRATHSBURG, LLC does not warrant
reliability of any statement or other information displayed or
distributed through the site. eRATHSBURG, LLC reserves the right,
in its sole discretion, to correct any errors or omissions in
any portion of the site. eRATHSBURG, LLC may make any other changes
to this site, the Materials and the products, programs, services,
or prices (if any) described in this site at any time without
notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS
SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE
AVAILABLE” BASIS. eRATHSBURG, LLC MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS
SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
eRATHSBURG, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT,
OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR
SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE
OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY,
ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO
NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S
LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT eRATHSBURG, LLC AND ITS PROVIDERS SHALL NOT BE
LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING
OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS,
CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER
SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN
NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL
eRATHSBURG, LLC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS,
LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS),
ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT,
OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES,
OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR
USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE
IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER eRATHSBURG,
LLC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless eRATHSBURG,
LLC, its affiliates, agents, employees, and licensors from
and against any and all claims and expenses, including reasonable
attorney fees, arising out of or related in any way to your
use of the site, violation of this Agreement, violation of
any law or regulation, or violation of any proprietary or privacy
right.
PRIVACY POLICY
Click here to access eRATHSBURG, LLC’s Privacy Policy governing
the use of information that eRATHSBURG, LLC obtains from you
through your use of this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of
this site must be commenced within one (1) year after the claim
or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, eRATHSBURG, LLC may immediately
discontinue, suspend, terminate, or block your and any user’s
access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to
Web sites operated by other entities (collectively the “Linked
Sites”). If you use any Linked Sites, you will leave
this site. If you decide to visit any Linked Site, you do so
at your own risk and it is your responsibility to take all
protective measures to guard against viruses or other destructive
elements. Linked Sites, regardless of the linking form (e.g.,
hotlinks, hypertext links, IMG links) are not maintained, controlled,
or otherwise governed by eRATHSBURG, LLC. The content, accuracy,
opinions expressed, and other links provided by Linked Sites
are not investigated, verified, monitored, or endorsed by eRATHSBURG,
LLC. eRATHSBURG, LLC does not endorse, make any representations
regarding or warrant any information, goods, and/or services
appearing and/or offered on any Linked Site, other than linked
information authored by eRATHSBURG, LLC. Links do not imply
that eRATHSBURG, LLC or this site sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark,
trade name, logo, or copyright symbol displayed in or accessible
through the links, or that any Linked Site is authorized to
use any trademark, trade name, logo or copyright symbol of
eRATHSBURG, LLC or any of its affiliates or subsidiaries. Except
for links to information authored by eRATHSBURG, LLC. eRATHSBURG,
LLC is neither responsible for nor will it be liable under
any theory based upon (i) any Linked Site; (ii) any information
and/or content found on any Linked Site; or (iii) any site(s)
linked to or from any Linked Site. If you decide to visit any
Linked Sites and/or transact any business thereon, you do so
at your own risk. eRATHSBURG, LLC reserves the right to discontinue
any Linked Site at any time without prior notice. Please contact
the Web masters of any Linked Sites concerning any information,
goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance
with the laws of the State of Michigan, U.S.A., without reference
to its conflicts of laws provisions. eRATHSBURG, LLC makes
no representation that the materials are appropriate or available
for use outside the United States. If you access this site
from outside the United States, you will be responsible for
compliance with all local laws. You agree to comply with all
laws and regulations applicable to your use of this site. You
agree to submit to the personal and exclusive jurisdiction
of the state or federal courts located within Oakland County,
Michigan for any disputes with eRATHSBURG, LLC arising out
of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between eRATHSBURG,
LLC and you with respect to this Web site, and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between you and eRATHSBURG,
LLC with respect to this Web site. A printed version of this
Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form. If for
any reason a court of competent jurisdiction finds any provision
of this Agreement or portion thereof to be unenforceable, that
provision shall be enforced to the maximum extent permissible
so as to effect the intent of this Agreement, and the remainder
of this Agreement shall continue in full force and effect.
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be
bound by the revised Agreement. Any such modifications will
become effective upon the date they are first posted to this
site. It is your responsibility to return to this Agreement
from time to time to review the most current terms and conditions.
eRATHSBURG, LLC does not and will not assume any obligation
to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement
you transmit through this Web site, including but not limited
to any consent you give to receive communications from eRATHSBURG,
LLC solely through electronic transmission. You agree that
when in the future you click on an “I agree,” “I
consent,” or other similarly worded “button” or
entry field with your mouse, keystroke, or other computer device,
your agreement or consent will be legally binding and enforceable
and the legal equivalent of your handwritten signature.