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TERMS & CONDITIONS
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General |
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Modifications of This Agreement |
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Links |
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Solely Intended for United States
and Canadian Users |
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Use |
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Disclaimer |
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Limitation of Liability |
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Online Copyright Infringement
Notification |
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Indemnification |
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Term and Termination |
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E-mail |
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Employment Opportunities |
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Applicable Laws and Binding
Arbitration |
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Commencement of Actions |
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Miscellaneous |
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Contact Allegra |
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General |
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Welcome to the Internet site of Allegra Print & Imaging Hamilton ("Allegra") located at www.allegrahamilton.com
("Allegra Website"). Please carefully review these
terms and conditions ("Terms and Conditions of Use")
and the privacy
policy (these Terms and Conditions of Use and the
Privacy Policy, collectively, the "Agreement") govern
your use of and access to the Allegra Website.
YOUR USE OF THE ALLEGRA WEBSITE CONSTITUTES YOUR UNCONDITIONAL
AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT, AS MAY BE
AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY ALLEGRA, IN ACCORDANCE
WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT
BETWEEN THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY
AND ANY ADDITIONAL TERMS AND CONDITIONS PROVIDED BY ALLEGRA,
THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (A) TERMS AND
CONDITIONS OF USE; (B) THE PRIVACY POLICY; AND (C) ANY ADDITIONAL
TERMS AND CONDITIONS PROVIDED BY ALLEGRA. IF YOU DO NOT AGREE
TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE
ALLEGRA WEBSITE. In addition to the Agreement, offers
or coupons made available on the Allegra Website might be subject
to additional terms and conditions provided in conjunction with
the offer or coupon. |
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Modifications of This Agreement |
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Allegra reserves the right to change, modify,
amend and/or update this Agreement at any time with or without
prior notice at the sole and absolute discretion of Allegra.
Your use of the Allegra Website following any such changes,
modifications, amendments and/or updates constitutes your unconditional
agreement to follow and be bound by this Agreement as so changed,
modified, amended and/or updated. You are responsible for reviewing
this Agreement each time you use or access the Allegra Website. |
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Links |
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Allegra is not affiliated or associated with
the sponsors, owners or producers of any websites that might
be linked to or from or accessed through a portal on the Allegra
Website. Such websites are not under Allegra' control and Allegra
explicitly disclaims any responsibility for the accuracy, content
or availability of the information products, and/or services
found on or through such websites. Allegra does not endorse
and have not taken any steps to confirm the accuracy or reliability
of any of the information, products or services contained on
or through such websites. Allegra does not make any representations
or warranties as to the security or use of any information (such
as credit card and other sensitive information) you might provide
on or through any such websites. Unless otherwise approved in
writing by Allegra, you may not link your website to the home
page of the Allegra Website. |
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Solely Intended for Canadian and United States
Users |
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Unless otherwise explicitly specified on the
Allegra Website, the information on the Allegra Website is intended
solely for use and access by persons residing in Canada or in the United
States, its territories and possessions. In the event
you do not reside in Canada or in the United States, its territories and
possessions, do not use the Allegra Website. Allegra
controls and operates its Website from offices located in Canada and the
United States and makes no representations or warranties that
the information, products or services contained on the Allegra
Website is appropriate for use or access or is available in
other jurisdictions. |
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Use |
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The Allegra Website and its content are intended solely for
commercial use, consistent with this Agreement. Unless otherwise
explicitly specified, all materials that are included in or
are otherwise a part of the Allegra Website are copyrighted,
patented, trademarked and/or include other intellectual property,
which is owned, controlled or licensed by Allegra. The compilation
(i.e., the collection, arrangement and assembly) of all materials
on the Allegra Website is the exclusive property of Allegra
and is protected by Canadian, U.S. and international copyright laws.
Except as solely provided in the next sentence, no material
from the Allegra Website may be copied, modified, reproduced,
republished, uploaded, posted, transmitted or distributed
in any way. You may download one copy of the materials on
any single computer for your personal use, provided that:
(a) you keep intact all copyright and other proprietary notices;
(b) you do not use the materials in a manner that suggests
an association with any of our products, services or brands;
and (c) you make no modifications to the materials. In addition,
you agree not to: (m) use or access the Allegra Website for
any purpose that is unlawful or prohibited by this Agreement;
(n) use or access the Allegra Website in a manner that could
damage, disable, overburden, or impair the server hosting
the Allegra Website or the networks connected to any server
hosting the Allegra Website; (o) interfere with any third
party's use and enjoyment of the Allegra Website; or (p) attempt
to gain unauthorized access to information, accounts, computer
systems or networks retained on or connected to any server
hosting the Allegra Website through hacking, password mining
or any other means
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Disclaimer |
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THE ALLEGRA WEBSITE IS PROVIDED
BY ALLEGRA ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ALLEGRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE ALLEGRA
WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. ALLEGRA
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE,
QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER
VIRUSES. ALLEGRA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE ALLEGRA WEBSITE OR ITS OPERATION WILL BE ERROR-FREE
WITHOUT DELAY OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION,
ANY ERRORS, DELAYS OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION
LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS
SERVICE PROVIDER TO PROVIDE CONNECTIVITY), THAT DEFECTS WILL
BE CORRECTED, OR THAT THE ALLEGRA WEBSITE OR THE SERVER THAT
MAKES THE ALLEGRA WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL
COMPONENTS, INCLUDING VIRUSES. ALLEGRA DOES NOT MAKE ANY REPRESENTATIONS
OR WARRANTIES THAT THE INFORMATION ON THE ALLEGRA WEBSITE IS
ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE ALLEGRA WEBSITE, THAT YOUR
USE IS AT YOUR SOLE RISK. Some states do not allow the
disclaimer of implied warranties, so portions of the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights, and you may also have other legal rights which
vary from province to province and state to state. |
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Limitation of Liability |
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UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
ALLEGRA OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE
TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY
TO USE OR ACCESS THE ALLEGRA WEBSITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
EVEN IF ALLEGRA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT
ALLEGRA, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
IN NO EVENT WILL ALLEGRA OR ANY OF ITS AFFILIATES, SUBSIDIARIES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS
OR SUPPLIERS BE LIABLE FOR ANY CLAIM OR DAMAGES, INCLUDING,
WITHOUT LIMITATION, FOR RELATED CLAIMS OR RELATED CLAIMANTS,
IN EXCESS OF ONE HUNDRED UNITED STATES OR CANADIAN DOLLARS ($100.00) RESPECTIVELY.
These limitations of liability shall apply even if a limited
remedy fails of its essential purpose.
Some provinces or states do not allow the limitation of liability, so the
portions of the foregoing limitation may not apply to you.
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Online Copyright Infringement Notification |
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If you believe that the Allegra Website contains materials
that constitute copyright infringement, please notify Allegra
promptly.
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Indemnification |
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YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALLEGRA
OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES,
INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO: (A) YOUR
USE OF THE ALLEGRA WEBSITE; AND/OR (B) YOUR BREACH OF THIS AGREEMENT. |
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Term and Termination |
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Allegra shall have the right to terminate your
access to, and use of, the Allegra Website immediately, if,
in its sole discretion, Allegra believes that your conduct fails
to conform with this Agreement. Allegra also reserves the right
to investigate suspected violations of this Agreement.
Upon termination of this Agreement, all rights granted to you
under this Agreement will cease immediately, and you agree that
you will immediately discontinue use of the Allegra Website.
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E-mail |
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E-mail submissions over the Internet may not
be secure. Please consider this fact before e-mailing any personal
or confidential information |
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Employment Opportunities |
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Allegra is committed to the principles of equal
employment opportunity. Applicants are considered for all positions
without regard to race, sex, color, religion, national origin,
age, disability (so long as such disability can be reasonably
accommodated) or any other status protected by applicable law.
Allegra encourages all qualified applicants to apply. |
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Applicable Laws and Binding Arbitration |
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This Agreement shall be governed by and construed
under the laws of the State of Michigan, without regard to conflicts
of laws principles. Any controversy or claim arising out of
or relating to this Agreement or the Allegra Website shall be
settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association, except
that to the extent Allegra seeks injuctive or equitable relief.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in Northville, Michigan and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. YOU AGREE THAT JURISDICTION OVER
AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING
OUT OF OR RELATING TO THE ALLEGRA WEBSITE OR THIS AGREEMENT
SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN OR NEAREST
TO NORTHVILLE, MICHIGAN. NOTWITHSTANDING THE FOREGOING, ALLEGRA
MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN ANY COURT HAVING
PROPER JURISDICTION.
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Commencement of Actions |
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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
WITH RESPECT TO THE ALLEGRA WEBSITE OR THIS AGREEMENT MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
ARISES. |
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Miscellaneous |
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The failure of Allegra to act with respect to
a breach of this Agreement by you or others does not constitute
a waiver and shall not limit Allegra' rights with respect to
such breach or any subsequent breaches. Neither the course of
conduct between the parties nor trade practice shall act to
modify this Agreement. Allegra may assign its rights and duties
hereunder to any party at any time without any notice to you.
You may not assign this Agreement without Allegra' prior written
consent. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect
the validity and enforceability of any remaining provisions. |
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Contact Allegra |
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If you have any questions, comments, or concerns
regarding our Privacy Policy and/or information handling, privacy
or maintenance practices as it relates to the Allegra Website,
please contact Allegra at the following: |
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Legal Services
21680 Haggerty Road
Northville, MI 48167
E-mail: Legal@allegranetwork.com
Tel: 248.596.8600 |
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