You should check for changes to the TOU each time you visit the site. Bauer Built, Inc. may make changes to the TOU at any time.
2. Use License
The materials on THE website are provided “as is”. Bauer Built, Inc. doesn’t make ANY warranties, express or implied. Bauer Built, Inc. hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bauer Built, Inc. does not WARRANT NOR make any representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website.
In no event shall Bauer Built, Inc. or their suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the website, even if Bauer Built, Inc. or an authorized representative of either company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. Bauer Built, Inc. strives to ensure that the information is accurate, complete and up-to-date, but Bauer Built, Inc. can guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data are subject to delays in connectivity across the Internet, your systems, and other facilities outside the control of Bauer Built, Inc. Therefore, you must independently verify the accuracy of any information presented on the website.
Bauer Built, Inc. is unable to review all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by Bauer Built, Inc. Use of any such linked website is at the user’s own risk.
Bauer Built, Inc. reserves the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU but will be posted prominently to be reviewed by returning visitors. Your continued use of Bauer Built, Inc.’s services will be deemed acceptance thereof.
8. Governing Law and Venue
Any claim(s) relating to THE website shall be governed by the laws of the STATE OF WISCONSIN without regard to its conflict of law provisions.
THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURTS LOCATED IN THE STATE OF WISCONSIN, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT(S) FOR THE STATE OF WISCONSIN. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
9. Children’s Online Privacy Protection
In accordance with the Children’s Online Privacy Protection Act of 1998, Bauer Built, Inc. will not knowingly collect personal information from a child under the age of thirteen (13). If Bauer Built, Inc. learns that it has collected information from a child under the age of thirteen (13), Bauer Built, Inc. will take the necessary steps to delete the information as soon as possible.
10. Data Usage
WE AND THE SUPPLIER DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, QUALITY, RELIABILITY, ADEQUACY, AVAILABILITY OR COMPLETENESS OF THE DATA OR THE SUITABILITY OF THE DATA FOR ANY USE OR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DATA IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OR GUARANTEE, AND ALL WARRANTIES AND GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES AND GUARANTEES. WE DO NOT WARRANT THAT THE DATA WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE DATA WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME ALL RISK RELATED TO THE DATA AND ITS USE AND MISUSE AND WILL TAKE ALL ACTION NECESSARY OR DESIRABLE TO PROTECT YOURSELF AND ALL OTHER PERSONS AGAINST ANY FAILURE OF THE DATA TO BE ACCURATE, RELIABLE, ADEQUATE, COMPLETE, MERCHANTABLE, OR FIT FOR ANY PARTICULAR USE OR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.
11. TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE INDEMNITEES (AS DEFINED BELOW) HARMLESS AGAINST ALL LIABILITIES, DEMANDS, CLAIMS, RECOVERIES, SETTLEMENTS, ACTIONS, PENALTIES, COSTS, LOSSES, AND DAMAGES (AS DEFINED BELOW) INCURRED BY ANY OF THE INDEMNITEES, KNOWN OR UNKNOWN, CONTINGENT OR OTHERWISE, PAID OR UNPAID BY THE INDEMNITEES, DIRECTLY OR INDIRECTLY ARISING FROM OR RELATED TO:
We will notify you promptly of any such liability, demand, claim, recovery, settlement, action, penalty, cost, loss, defense costs, or damages, and will provide you with reasonable assistance, at your expense, in defending the same. We may assume exclusive control of any defense or any matter subject to indemnification by you at your expense if we determine that your defense is not adequate, and you agree to cooperate with us in such an event.
The term “damages” (and “DAMAGES”) includes direct, indirect, consequential, incidental, special or other damages related to injury to (including the death of) you or any other person, damage to or loss of any property, loss of consortium, loss of opportunity or business or contractual relationship, violation of any right to privacy, defamation of character or reputation against any person, product or another object, mental distress or anguish, loss of use or profits, attorneys and expert fees, arbitrator fees, court, and arbitration costs, and all other related fees, expenses, and costs through any appeal, lost profits, business interruption and loss of computer programs or other data, cost of cover, and any and all other types of claims and damages of every kind, nature, and description.
The “Indemnitees” (and “INDEMNITEES”) are us and the Suppliers, and our and the Suppliers’ affiliates, managers, members, shareholders, officers, directors, employees, contractors, agents, sources, licensors, insurers, successors, assigns and representatives.
12. IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES (AS DEFINED ABOVE) ARISING OUT OF OR IN CONNECTION WITH THE DATA OR ANY USE OR MISUSE OF THE DATA, EVEN IF ANY OF THE INDEMNITEES ARE EXPRESSLY ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE, EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON THE PART OF ANY OF THE INDEMNITEES OR ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS.