WADE TRIM GROUP

Last Updated: December 13, 2022

ABOUT THESE TERMS OF USE

Thank you for visiting Wade Trim’s website. These Terms of Use (“Terms”) apply to Wade Trim Group and its affiliates (“Us,” “We,” or the “Company”) and you, regarding your use of our website https://www.wadetrim.com (our “Website”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SITE OR THE SERVICES OR ANY OF THE OTHER SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS, AND ARE DOING SO (FOR YOURSELF), (B) YOU CAN LEGALLY ENTER INTO THESE TERMS, (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY OUR PRIVACY POLICY (ABOVE) (OUR “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR, AND (D) YOU AGREE TO ACCESS THE INFORMATION PROVIDED THROUGH THE SITE IN COMPLIANCE WITH ANY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS AND USE THE SITE OR THE SERVICES.

1. Changes to these Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and in Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Privacy

All information we collect through the Website is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms. By using the Website you agree that you have reviewed and agree to the disclosures in our Privacy Policy and to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the U.S., then through your continued use of the Website, you are transferring your data to the U.S., and you expressly consent to have your data transferred to and processed in the U.S.

3. Permitted and Non-Permitted Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
•  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Wade Trim, its users and customers, or expose any of the same to liability.
• To violate (or help or encourage others to violate) these Terms or our other policies.

Additionally, you agree not to:

• Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Website or the Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
• Access or use the Website or the Services for the benefit of anyone other than you, except in accordance with these Terms, including selling, renting, reselling or distributing, in whole or in part, the Website or the Services;
• Copy, disclose, or distribute any data or other information available through the Website or any of the other Services and/or information, in any medium, including without limitation on the Website, by any automated or non-automated “scraping”;
• Interfere with, circumvent or disable any security or other technological features or measures of any of the Services or the Website or attempt to gain unauthorized access to the Services or the Website or its related systems or networks;
• Use bots or other automated methods to access the Services, the Website or any of the other Services, download any information, send or redirect messages or perform any other activities through the Services, the Website or any of the other Services;
• Take any action that we determine, in our sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
• Upload invalid data, viruses, worms or other software agents through the Services, the Website or any of the other Services;
• Collect, harvest or derive any personally identifiable information, including names, email addresses from the Services, the Website and/or any of the other Services except as may be expressly contemplated by these Terms and the Privacy Policy;
• Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• Use the Website, the Services, or any of the other Services for any unlawful or inappropriate activities, including to circumvent Wade Trim, build a competitive product or otherwise by providing app or device related services that are in competition with Wade Trim;
• Use any of the Services for any commercial solicitation purposes except as authorized by these Terms, including sending commercial electronic messages.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

4. Intellectual Property Rights

The Website, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Wade Trim Content”) are owned by Wade Trim, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Wade Trim Content is not sold or transferred to you, and Wade Trim and its licensors retain ownership of all copies of the Wade Trim Content. We reserve all rights not expressly granted in and to the Wade Trim Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the Content you have made.

To learn more about how we use information that you provide to us through the Website, please review our Privacy Policy.

5. Trademarks

The Wade Trim name, the terms, and the Wade Trim logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wade Trim or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. We reserve all rights not expressly granted in and to such marks.

6. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any reason, including for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through the Website.

7. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website, or by anyone who may be informed of any of its contents.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

8. Changes to the Website

We may update the Website or its content from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Website may be out of date at any given time, and we are under no obligation to update such material.

9. Service Limitations

We shall make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand, agree, and accept that Wade Trim will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Website, or to provide all or any specific content through the Website.

10. Linking to the Website and Social Media Features

You may link to our homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice.

11. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE SITE.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WADE TRIM NOR ANY PERSON ASSOCIATED WITH WADE TRIM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WADE TRIM NOR ANYONE ASSOCIATED WITH WADE TRIM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WADE TRIM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, TITLE AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

12. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WADE TRIM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless Wade Trim, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

14. Governing Law and Jurisdiction

(a) All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

(b) Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Waiver and Severability

No waiver by Wade Trim of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wade Trim to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Construction and Interpretation

You agree that the interpretation of these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms.

18. Assignment

We may assign these Terms, and any of its rights under the Terms, in whole or in part, and we may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

19. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Wade Trim regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Consent to Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. Term and Termination

These Terms shall remain in full force and effect while you use the Website and thereafter. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website and the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Website or delete your account and any Content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

22. Contact Information

Wade Trim Group
Attn: Director of Brand/Consumer Affairs/Privacy
25251 Northline Road
Taylor, MI 48180
800.482.2864
webmaster@wadetrim.com