Terms and Conditions

Acceptance of Terms
Please carefully read the following Terms of Use and Disclaimer before using Irwinseating.com. By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement.

Irwin Seating Company, Inc., reserves the right to modify these Terms of Use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use is effective immediately upon User's receipt of notice from Irwin Seating Company, Inc. Notice can be given through e-mail, posting on the site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. Irwin Seating Company, Inc., reserves the right to monitor use of the site. Irwin Seating Company, Inc., has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. Irwin Seating Company, Inc., can restrict access to any or all portions of the site or remove any information or content from the site at any time. Irwin Seating Company, Inc., reserves the right to terminate Irwinseating.com at any time without prior notice.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone, or other equipment.

Copyrights and Trademarks
Irwin Seating Company, Inc., or its third party content providers own and shall retain all worldwide rights in the intellectual property of this site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the site is copyrighted or otherwise protected and owned by Irwin Seating Company, Inc., or a third party who licensed the right to use such content to Irwin Seating Company, Inc. Unless otherwise expressly noted, nothing that you read or see on the site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Irwin Seating Company, Inc.

Authorized Uses
Irwin Seating Company, Inc., grants the user a limited right to make the following uses of its copyrighted information from the site. ("Authorized Uses") You may reproduce the site content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice. Architects and designers may download and use product information from Irwinseating.com in connection with bids or requests for proposals for the sale by us and our authorized dealers of our products to end user customers, for internal training and for seminars. Thus, you may download or print site content, provided you do so for an Authorized use and provided you do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the site content.

Media should contact sales@irwinseating.com for permission to use the copyrighted information.

Authorized Use is not a transfer of title, and under this permission you may not:
a. Alter the site content in any way;
b. Use the site content for any public display (commercial or noncommercial) or for any purpose other than for Authorized Use;
c. Remove any copyright, trademark, or other proprietary notations from the materials;
d. Transfer the site content to another person, "frame" or "in-line link" the site content, "deep link" to the site content, or "mirror" the site content on any other server.
e. Copy or modify, redistribute, republish, upload, adapt, or reuse any of the text, graphics, or other site content, or any of the source code or HTML code Irwin Seating Company, Inc., uses to generate its website except as a part of an Authorized Use without prior written permission; or engage in any other conduct that violates the Copyright Act.

Authorized Use terminates automatically without notice if you breach any of this Agreement or any applicable law. Upon termination, you must immediately destroy any downloaded and/or printed site content.

Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
a. Use any device or other means to harvest information about other Users.
b. Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the site or related servers and networks.
c. Post any material on the site that is offensive to any other User. Irwin Seating Company, Inc., maintains the exclusive right to determine what is offensive.
d. Post or store on the site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, patents and publicity rights).
e. Modify the information found on the website.
f. Engage in any action that Irwin Seating Company, Inc., determines is detrimental to the use and enjoyment of the website.
g. Use the website for any unlawful or defamatory means.
h. Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States, or post any information that could result in civil unrest.
i. The site content should not be used in territories where the sale of products to which the content relates is not permitted.

Disclaimer and Limitation of Liability
Although Irwin Seating Company, Inc., has attempted to provide accurate information on the site, the Company makes no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. User accesses Irwinseating.com at his or her own risk. The site is provided on an “as is, as available” basis without warranty of any kind, and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither Irwin Seating Company, Inc., nor its affiliates, employees, agents, or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on Irwinseating.com, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory, or incidental damages, even if they have been advised of the possibility of such damages.

This disclaimer is applicable to any damage or injury resulting from negligence or omission of Irwin Seating Company, Inc., computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. Irwin Seating Company, Inc., is not liable for criminal, tortuous, or negligent actions or omissions of third-parties, which affect this site.

In no event will Irwin Seating Company Inc., or any of its affiliates, agents, employees, or third-party content providers be held liable for any tortuous or illegal conduct of other users.

In no event will Irwin Seating Company Inc., or any of its affiliates, agents, employees, or third-party content providers be held liable for any damage to equipment, hardware, or other property of user or personal injury which arises in connection with the use of the site.

Third-Party Content
Irwin Seating Company Inc., is not the publisher or speaker of any information on the site that is provided by third-party content providers, and Irwin Seating Company Inc., is not liable for any claims related to such information. Any mention in the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Irwin Seating Company Inc. Irwin Seating Company Inc., assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties, or representations associated with such dealings.

Irwin Seating Company Inc., makes no warranty, either expressed or implied, of the accuracy, merchantability or fitness for a particular purpose of the information provided by third parties. This includes but is not limited to, any information found on another site.

Indemnification
User agrees to defend, indemnify, and otherwise hold harmless Irwin Seating Company Inc., and its officers, directors, agents, employees, and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site.

Security
Users are prohibited from violating or attempting to violate the security of the site. Irwin Seating Company Inc., will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. Users are required to enter a user name and password to access secured extranets. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site.

Users are prohibited from violating or attempting to violate the security of the site, including, but not limited to:
a. Gaining unauthorized access to any portion, feature, or services offered by or through Irwinseating.com, or any related systems, servers, or networks connected to the site by hacking, password "mining", or any other unauthorized means;
b. Scanning or testing the vulnerability of the site or a system, server, or network connected to the site;
c. Breaching the security or authentication measures on the site or any network connected to the site;
d. Performing reverse look-ups or tracing any information, personal or otherwise, of any other User, User's account, Irwinseating.com, Irwin Seating Company Inc., or otherwise exploit any service or information made available by or through the site. Users may obtain their own personal information obtained by Irwin Seating Company Inc., according to the terms of this Agreement;
e. Taking any action that unreasonably or disproportionately burdens the Irwinseating.com site's infrastructure, related systems, servers, or networks;
f. Using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person's use of Irwinseating.com.

Termination of Agreement
Either Irwin Seating Company Inc., or User may terminate this Agreement at its discretion. In addition to Irwin Seating Company Inc.'s, other rights, Irwin Seating Company Inc, may terminate access to Irwinseating.com or cancel membership to any service that Irwin Seating Company Inc., provides on the site, if User breaches this Agreement in any way or engages in conduct that Irwin Seating Company Inc., deems inappropriate.

Links
Links included at Irwinseating.com are provided for the use and convenience of the visitor. The appearance of a link on any page of Irwinseating.com does not constitute an endorsement or recommendation by Irwin Seating Company Inc, nor should a link be in any way interpreted to imply that the site referenced has any relationship with Irwin Seating Company Inc.

Irwin Seating Company Inc., does not generally object to links to Irwinseating.com from third-party sites. Irwin Seating Company Inc., does not, however, allow websites that use frames to link to any page on Irwinseating.com without prior written permission. You may not use any Irwin Seating Company Inc., names, logos, designs, trademarks, or service marks in or with your links unless Irwin Seating Company Inc., has entered into a specific written agreement with you to do so. Irwin Seating Company Inc., prefers that third-party sites link to the home/first page of Irwinseating.com.

Copyright Enforcement
Irwin Seating Company Inc., honors the intellectual property rights of others and asks the same of Users of the site. Irwin Seating Company Inc., may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Irwin Seating Company Inc., with the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Irwin Seating Company Inc., to identify the material;
d. Information that is reasonably sufficient to permit Irwin Seating Company Inc., to contact the complaining party, such as address, telephone number and e-mail address;
e. A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous
These Terms of Use constitute the entire agreement between Irwin Seating Company Inc., and User regarding the subject matter hereof. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, Irwin Seating Company Inc., may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Irwin Seating Company Inc., remedies are cumulative and not exclusive. Failure of Irwin Seating Company Inc., to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Irwin Seating Company Inc., makes no representation that the content of the site is appropriate or available for use in all locations. Users of Irwinseating.com are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Michigan, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in the State of Michigan, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.