Website Terms of Use

Welcome to Coric Equipment Inc., LLC

Welcome to the Coric Equipment Inc., LLC, ("we" or "us") website, which we refer to in these terms as the "website" or "site." Coric Equipment Inc. is a division of Coric Equipment, Inc. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OUR SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM.

You represent that you are legally able to accept these Terms of Use and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use this site. Our website is informational in nature and is provided for and targeted to adults. Our website provides our visitors ("you" or "your") with information about our business, products and services.

These Terms of Use apply to all visitors to our website and explain what you can and cannot do when using our website. You must comply with these Terms of Use. Our collection of information from you when you visit the site is governed by our privacy policy (the "Privacy Policy") at https://www.coricind.com/privacy-policy, and therefore, in addition to these Terms of Use, the Privacy Policy also applies when you visit the site.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. By continuing to use the site after we post any such changes, you accept the Terms of Use as modified.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on this website. You may use this site (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from this site unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit information or content to this site, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site are original to you and that you have the right to grant us these rights.

To avoid any disputes between us relating to ideas that you have submitted to us, you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

This site may include features, or links that allow users to post content and materials. Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

Communications

The communications between you and us via this site use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights. You agree that we may monitor or record any conversation or other communication with you.

Changes to This Site

We may, at any time and without notice, modify, suspend or discontinue (temporarily or permanently) all or part of this website or the content in it or offer special opportunities to some or all users of this site, subject to applicable law. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuation. Any description of how this website (or the services offered via this site) works should not be considered a representation or obligation with respect to how the site will always work.

Rules of Conduct

There are a few rules of conduct that you are required and hereby agree to follow when you use this website. Do not systematically “harvest” (extract or collect) data or information from the site using an automated software tool or do so manually on a mass basis. Do not use automated means to access the site or gain unauthorized access to the site or to any account or computer system connected to the site. Do not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you. Do not “flood” the site with requests or otherwise overburden, disrupt or harm the site or its systems. Do not circumvent or reverse engineer the site or its systems. Do not restrict or inhibit another user or users from using and enjoying this site.

If you provide information or post content to the site, do not post anything that: infringes any third-party intellectual property rights; is false, misleading, inaccurate or defamatory; divulges another person's or entity's confidential or private information or trade secret (including any financial information); is fraudulent, unlawful, threatening, harassing, abusive, obscene or discriminatory; encourages criminal conduct; impersonates any person or entity, including any of our employees, agents or representatives; advertises or solicits business for products or services other than those that are offered and promoted on this site; or contains any virus, malware, spyware or other harmful content or code.

You also may not use our website or website content:

• in any way that breaches any applicable law or regulations;
• in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any individual in any way;
• to use or re-use any site content in violation of these Terms of Use;
• to cause us liability;
• to introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• in any way that interferes with, damages or disrupts any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software of any third party.

You must comply with all applicable laws and contractual obligations when you use this site.

Remedies

You recognize that your breach of our ownership and intellectual property rights, and such other material terms set forth in these Terms of Use may cause us to suffer irreparable harm and damages. Accordingly, in the event of such breaches, you acknowledge and agree that we will be entitled to seek injunctive relief and all other available equitable remedies and legal damages as may be granted by a court of competent jurisdiction.

Suspension or Termination of Access

We reserve the right to, but do not have any obligation to, remove, edit, modify or otherwise manipulate any content on the site in our sole discretion, at any time, without notice to you and for any reason. Additionally, we have the right to deny access to, and to suspend or terminate access to, the site, or to any features or portions of the site, and to remove and discard any content or materials, at any time and for any reason, including for any violation by you of these Terms of Use. In addition to any other remedies available to us, we will terminate website usage privileges of users who are repeat infringers of intellectual property rights. In the event your access to and/or use of this site is suspended or terminated, you will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Use.

Privacy Notice

We collect and use certain information about you in accordance with our Privacy Policy. Please review the terms of our Privacy Policy before using our website. By using our website, you consent to such collection and processing of your information as described in our Privacy Policy.

Linking Policies

This site may contain links to third-party websites. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site. We welcome links to our website so long as: (i) this site opens in a new browser window which displays the full version of a page of this site; (ii) the link to this site does not state or imply any sponsorship or endorsement of your website or service by us or by this site; and (iii) this site is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this site upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of this site, your submissions to this site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the site on your behalf. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this site.

Jurisdiction and Governing Law

We control and operate this website from our facilities in the United States of America, and the materials displayed on this website are presented solely for use within the United States, its territories, possessions and protectorates. These Terms of Use, and the relationship between you and us, will be governed by Michigan law, without giving effect to any principles of conflicts of law. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the federal courts of the United States or the state courts of Michigan, located in Southfield, Michigan (Oakland County) or the applicable Federal District Court that governs Southfield, Michigan, which is the Eastern District of Michigan. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION AND CLASS ACTION WAIVER – PLEASE REVIEW CAREFULLY AS THIS MAY AFFECT YOUR LEGAL RIGHTS

YOU AGREE THAT ALL DISPUTES OR CLAIMS BETWEEN YOU AND CORIC (WHETHER OR NOT SUCH DISPUTE OR CLAIM INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. HOWEVER, TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MICHIGAN, IN THE CITY OF SOUTHFIELD, MICHIGAN (OAKLAND COUNTY) OR FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, AND YOU AGREE TO SUBMIT TO JURISDICTION IN SUCH COURT. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by our agreement with you to arbitrate as set forth in these Terms. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the website or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

No Waiver; Severability

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

WARRANTY; DISCLAIMER

THIS WEBSITE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR PROMOTIONAL PURPOSES. WE PROVIDE THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

• THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME;
• THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS;
• THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE;
• THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR
• THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR WEBSITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE, ANY OF OUR AFFILIATES, ANY OF OUR DIVISIONS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY, THE LIABILITY OF OUR AFFILIATES AND THE LIABILITY OF OUR DIVISIONS, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Always on Generators, Attn: DMCA 16181 Old US 41, Fort Myers, FL 33912. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the site.

Updates to Terms of Use

We may revise these Terms of Use at any time by amending this page of our website and indicating the most recent version by the date shown at the top. We will endeavor to place a notice on our website indicating that changes have been made to these Terms of Use; however, you are expected to check the date of these Terms of Use to take notice of any changes we made, as they are binding on you. By using our website, you agree to these Terms of Use in the most updated version.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of this site, constitute the entire agreement between us and you with respect to this website. This agreement is personal to you and, except with our consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by, or your obligation to comply with, these Terms of Use. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

Additional Information; Contact

If you have any questions about these Terms of Use or any website content, please contact us at: