Authorized Use: This Website is provided by Microspire Inc., (“Microspire”) a Michigan corporation. The Website, Products, and Service are available only to individuals who can enter into legally binding contracts under applicable law (“Agreement”). You understand and agree that by using this Website and/or placing an order with Microspire that you are entering into a binding legal agreement on the following terms and conditions and have agreed to be bound by the terms and conditions set forth in this Agreement and all other policies incorporated herein. Further, you agree to use this Website solely as described in these Terms of Use.
License Grant: As a Visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and its associated content, in accordance with this Agreement. Microspire may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website, or any product or service provided herein may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website (and its associated content), any products and/or services provided herein and/or any portion thereof. Microspire reserves any and all rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website. Unauthorized access to the Website, is a breach of this Agreement and a violation of applicable law.
Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and the products provided herein are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The products created using images and fonts originated on our Website are not intended to be resold commercially. If you plan to resell such products, you must contact Microspire to obtain authorization to do so. The custom designs created using Microspire tools and images are the sole property of Microspire. Microspire retains the right to display (on its Website or on social media) and/or modify any designs created by Microspire and/or offer variations of such designs on its Website and/or to its customers.
You agree to not use Microspire or its Website to create any material that is unlawful, harmful, hateful, abusive, tortious, harassing, threatening, libelous, defamatory, obscene, vulgar, invasive of another’s privacy, or racially, ethnically or otherwise objectionable, or that infringes on any trademark, patent, copyright, trade secret or other proprietary right of any third party. Further, Microspire, at its sole discretion, retains the right to reject any order that it considers unlawful, harmful, hateful, abusive, libelous, defamatory, obscene, profane (according to FCC standards), and/or any order that portrays irresponsible use of alcohol or other substances, advocating persecution based on any protected category (including but not limited to age, race, gender, religion, disability or national origin), containing sexual explicit content or is otherwise inappropriate for Microspire production.
Privacy Policy: Use of the Website and the Products and services provided herein is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use any and all other personal information provided by you, in any manner consistent with our Privacy Policy. Microspire’s privacy policy can be found at, https://microspire.org/privacy-policy.
Editing, Deleting and Modification: Microspire reserves the right, in its sole discretion, to edit and/or delete any information or other content appearing on the Website at any time, without notice to you.
Indemnification: You agree to indemnify, defend and hold Microspire, its owners, and each of its respective officers, partners, members, employees, agents and attorneys (each a “Covered Party”), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, administrative costs and/or settlement costs) arising from your breach of this Agreement and/or your use of the Website, and/or the products and services provided herein, in any manner whatsoever.
Disclaimers and Limitations: THE WEBSITE, PRODUCTS AND SERVICES PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, PRODUCTS AND SERVICES PROVIDED HEREIN MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE PRODUCTS AND SERVICES PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COVERED PARTIES ARE NOT LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE PRODUCTS AND/OR SERVICES IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL. Microspire’S MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PRICE PAID BY YOU FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEBSITE AND/OR THROUGH THE SERVICES. NOTWITHSTANDING THE FOREGOING, Microspire SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICES.
LEGAL MATTERS
Governing Law: The Website and any services provided herein, are governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise as a result of your use of the Website and/or services shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. You agree and waive all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website and/or any services provided herein, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
If You have any questions regarding these Terms Of Use, please contact Microspire at:
Email: support@microspire.org
Phone Number: (888) 304-1334
Address: 4370 Chicago Dr SW ste.118 Grand Rapids, MI, 49418
