PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.BY VISITING, BROWSING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE
"SITE") OPERATED BY JIM MACKE BMS, INC. ("JIM MACKE BMS, INC."),
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information
About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions by visiting,
browsing, accessing or otherwise using the Site. These terms and conditions are
subject to change without prior notice at any time, at Jim Macke BMS, Inc.’s
sole discretion. By visiting, browsing, accessing or otherwise using the Site after
a change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Statement frequently.
Acceptance of Contract
Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract
between you and JIM MACKE BMS, INC., LLC ("JIM MACKE BMS, INC."). (References
to "you" or "your" shall relate to a customer of JIM MACKE BMS,
INC. or other party that visits, browses, accesses or otherwise uses the Site (the
"Customer"); references to "JIM MACKE BMS, INC." shall relate
to JIM MACKE BMS, INC., LLC and its affiliates.) By visiting, browsing, accessing
or otherwise using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply with all applicable
laws and regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by JIM MACKE BMS,
INC. from time to time, do not use this Site. The material provided on this Site
is protected by law, including, but not limited to, United States copyright law
and international treaties. This Site is controlled and operated by JIM MACKE BMS,
INC. from its offices within the United States. JIM MACKE BMS, INC. makes no representation
that materials in the Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal is not authorized.
Those who choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein
is governed by the laws of the state of Indiana without regard to conflict of law
rules. You consent to jurisdiction of the federal and state courts located in Dearborn
County to hear any such claims.
Access, Interference
and Linking
JIM MACKE BMS, INC. grants you a limited license to access and make personal use
of the Site and not to download (other than page caching) or modify it, or any portion
of it, except as provided below under "Use Restrictions," or with express
written consent of JIM MACKE BMS, INC.
The following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process to
monitor or copy portions of the Site or the content contained herein without prior
written permission by JIM MACKE BMS, INC.; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site; and,
Any use of, visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by JIM MACKE BMS, INC..
You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of the Site so long as the link does not portray JIM MACKE BMS,
INC., its affiliates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any JIM MACKE BMS, INC. logo or other
proprietary graphic or trademark as part of the link without express written permission.
JIM MACKE BMS, INC. does not review or control third-party sites that link to or
from the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by JIM MACKE BMS, INC.
or by the original creator of the material. Except as stated herein, none of the
material may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of JIM MACKE BMS, INC. or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or conditions.
Upon termination, you must immediately destroy any downloaded or printed materials.
You also may not, without JIM MACKE BMS, INC's prior written permission, "mirror"
any material contained on this Site on any other server. Any unauthorized use of
any material contained on this Site may violate copyright laws, trademark laws,
the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers.
Microsoft and the Passport Logo are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries and are used under
license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JIM MACKE
BMS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE
USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF JIM MACKE BMS,
INC. OR A JIM MACKE BMS, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By accessing the Site and using the information therein available and/or by purchasing
any products or services made available through this Site, you agree with JIM MACKE
BMS, INC., its service providers, agents, employees, successors, assigns, affiliates,
parents, subsidiaries and any content provider or offeror of goods or services on
this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER
THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE
PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the rules for on-line arbitration of the
American Arbitration Association which are available at www.adr.org. Notwithstanding
any choice of law provision included in this User Agreement, this arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held as
provided by the Code and if any in-person hearing is required, it shall be held
in West Harrison, IN. Each party shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Statement which also governs your visit to this Site.
Account and Password
You are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. If you are under 18,
you may use the Site only with a parent or guardian. JIM MACKE BMS, INC. reserves
the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in its sole discretion.
Communications to JIM MACKE BMS, INC.
Any communication or material you transmit to the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and will be
treated as, non-confidential and non-proprietary. Anything you transmit or post
may be used by JIM MACKE BMS, INC. for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore,
JIM MACKE BMS, INC. is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to JIM MACKE BMS, INC. or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.Copyright.
Complaints
If you believe that your work has been copied in a way that constitutes copyright
infringement, please contact:
Jim Macke BMS, Inc.
221 State Street
West Harrison, OH 47060
Telephone: (812) 637-5139
E-mail: cservice@jmibms.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please
do not visit, browse, access or otherwise use this Site.
Access and Interference
JIM MACKE BMS, INC. expressly prohibits: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy JIM
MACKE BMS, INC. Web pages or the content contained herein without prior written
permission by JIM MACKE BMS, INC.; Collection or use of any product listings, descriptions,
or prices, from the JIM MACKE BMS, INC. Website for the benefit of another merchant
that supplies products competitive with or comparable to those offered on the JIM
MACKE BMS, INC. Website; and, Any use of, visits to, or other action that imposes
an unreasonable or disproportionately large load on the JIM MACKE BMS, INC. Website,
or otherwise interferes with the proper and timely functioning of the JIM MACKE
BMS, INC. Website.
Internet disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download
speed to 53Kbps.
Note:
All trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers.
Microsoft and the Passport Logo are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries and are used under
license from Microsoft.
All Contents ©2006 Jim Macke BMS, Inc., LLC
