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THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, AND ALL CONTENT, SERVICES, AND INFORMATION IS AVAILABLE ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE TRUTHFULNESS, TIMELINESS, ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE AND THE INFORMATION AND CONTENT PROVIDED BY THE USERS OF THIS SITE OR ANY THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES, AS MAY BE APPLICABLE, TO THE MANNER PERMISSIBLE BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE OR THE THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO THE SOCIAL MEDIA SITES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THIS SITE, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL USER RELY ON ANY SUCH INFORMATION.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OR INABILITY TO USE THIS SITE, AND/OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OF ANY WEB SITE REFERENCED OR LINKED TO/FROM THIS SITE, OR ANY OTHER MATTER RELATING TO THIS SITE. IN NO EVENT SHALL WE OR ANY OF OUR AFFIILATES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INFORMATION OR CONTENT PROVIDED BY YOU ON THIS SITE OR ANY THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA SITES.
The New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, §56:12-14 et seq, states, in part, as follows: “No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made or the consumer contract is signed or the warranty, notice or sign is given or displayed. Consumer means any individual who buys, leases, borrows, or bails any money, property or service which is primarily for personal, family or household purposes.” Therefore, for New Jersey residents, the disclaimer of warranty provision shall apply only as allowable by applicable laws and the limitation of liability provision shall only apply if the New Jersey resident(s)’ use of this Site results in damages or losses resulting from the negligence or misconduct of illo.
Also, because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability shall be allowed in the manner as is permitted by law.
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This Site (excluding third party sites) is controlled by us from our offices within the state of Michigan, of the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, you agree that the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof will apply to all matters relating to the use of this Site. User unconditionally and irrevocably agrees and hereby consents to 1) the exclusive personal jurisdiction and venue of the Oakland Country Circuit Court or the United States Circuit Court for the Eastern District of Michigan, as applicable, with respect to such matters and 2) to only bring his/her action in his/her individual capacity and not as a class representative, member of a class or in any other similar type capacity or action. If any dispute arises regarding the use of this Site, you must initiate action within one (1) year after the claim has arisen or you will be forever barred from pursuing such cause of action.
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