Terms and Conditions
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Faurecia (“we”, “our”, “us”) provides the myfaurecia.com Internet site domain name and all materials located at and under that domain name (collectively, this “Site”) to you as the user of the Site, subject to each and every of the following terms and conditions (collectively, this “Agreement”). BY ACCESSING, VIEWING, USING OR IN ANY WAY MANIPULATING THE INFORMATION OR SERVICES PROVIDED AT OR UNDER THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE THE SITE AND DO NOT TAKE ADVANTAGE OF ANY OF THE SERVICES.
1. Limited Use
This Site is intended for the use of current, active employees of Faurecia based at locations in the United States.
License Subject to the terms and conditions set forth in this Agreement, Faurecia grants you a non-exclusive, revocable, non-transferable, limited right to access, use, and display this Site. You are authorized to view and utilize the Site only for your personal, non-commercial use. You must retain, on all copies or displays of the Site, all copyright and other proprietary notices contained in the Site. You may not use any trademark or other copyrighted material as part of the link without Faurecia’s express written permission. You may not frame or utilize framing techniques to enclose any trademarks or other copyrighted material without Faurecia’s express written consent. You may not use any meta tags or any other hidden text utilizing the trademarks and other copyrighted material without Faurecia’s express written permission. You agree to abide by any other term or condition contained on or added to the Site, as may be supplemented from time to time.
Faurecia has established this Site to provide information to users regarding products offered by Faurecia and its affiliates. As a term and condition of use of this Site, you agree that you will not use this Site to, among other things: (i) misappropriate the intellectual property rights of Faurecia or its affiliates; (ii) attempt to deface, modify or manipulate this Site or employ any tactic to defeat or evade any security feature employed on the Site; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Site, or any customer, vendor, dealer, or employee of Faurecia; and (iv) modify, erase or damage any information contained on the Site or any computer hardware or information storage device owned or used by Faurecia. As an additional term and condition of use of the Site, you agree to not use any process, research method or tactic to recreate or replicate the features, functions, or design of the Site through reverse engineering.
The information contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described.
2. Copyrights and Trademarks
Copyright 2014 Faurecia. All Rights Reserved. The text, images, graphics, sound files, animation files, video files, button icons, digital downloads, data compilations, and their arrangement on Faurecia Internet sites are all subject to United States and international copyright laws and other intellectual property protection, and are the property of Faurecia or its affiliates. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Some Faurecia Internet sites also contain images that are subject to the copyright rights of their affiliates and providers.
Unless otherwise indicated, all marks displayed on Faurecia Internet sites are subject to the trademark rights of Faurecia.
3. Linking to Other Sites
A. Links from myfaurecia.com
This Site may provide links to access other Internet sites; these sites are not maintained or controlled by Faurecia. Additionally, this Site may provide access to Internet sites of other entities affiliated with Faurecia. Faurecia is not responsible for the content of those sites. In addition to the terms and conditions of this Agreement, your use of any Internet site not under the domain name myfaurecia.com will be subject to the terms and conditions posted on that Internet site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs, etc. Faurecia makes no warranty or representation regarding, nor endorses, any linked Internet sites or the information appearing thereon or any of the products or services described thereon.
B. Links to myfaurecia.com
All links to this Site must be approved in writing by Faurecia, except that Faurecia consents to links in which: (i) the link is a text-only link containing only the name “Faurecia North America”; (ii) the link “points” only to myfaurecia.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked Internet site; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Faurecia or its affiliates nor be such as to damage or dilute the goodwill associated with the trade names, brand identities, and trademarks of Faurecia or its affiliates. Faurecia reserves the right to revoke this consent to link at any time in its sole discretion.
4. No Warranties to Accuracy of Information
All information contained in this Site is intended for the United States market only. All information, product illustrations and specifications are based upon information gathered at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. Faurecia and its affiliates reserve the right to make changes at any time, without notice or obligation, in the information provided [consistent with next sentence] on this Site.
The information provided on this Site is provided “as is,” “as available,” and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or noninfringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. Accordingly, by using this information, you agree that Faurecia and its affiliates ,including their subsidiaries, agents, officers, directors, employees and insurers, are not liable for damages of any kind, including, but not limited to, consequential or special damages resulting from your use or access. Your access and use of this Site is at your sole risk.
5. No Liability for Use of Site and Waiver of Damages
Faurecia makes no warranty or representation that: (i) the Site will be available or operate in an uninterrupted or error-free manner; (ii) errors or defects will be corrected; or (Iii) information available on or through the Site is appropriate, accurate or available for use in any particular jurisdiction.
In no event shall Faurecia or any of its affiliates be liable to any entity for any direct, indirect, special, consequential or other damages, including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system, that are related to the use of, or the inability to use, the content, materials, and functions of this Site, or any linked Internet site, even if Faurecia is expressly advised of the possibility of such damages. To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of Faurecia, for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the Site, any linked Internet site, or this Agreement, shall be limited to your direct damages actually incurred up to $250. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. USER HEREBY WAIVES CALIFORNIA CIVIL CODE A-1542, WHICH STATES THAT: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” USER ALSO WAIVES ANY PROVISION OF THE STATUTORY OR NONSTATUTORY LAW OF ANY JURISDICTION THAT IS SIMILAR IN WORDING OR EFFECT TO CALIFORNIA CIVIL CODE Â§1542.
6. International Users and Choice of Law
|(a)||This Site is controlled, operated, and administered by Faurecia from its offices within the United States. Faurecia makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States. Access to this Site from jurisdictions where it is illegal to do so is prohibited. You may not use the Site in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. Any actions or proceedings against Faurecia may be brought only in Oakland County (Michigan) Circuit Court or in the Federal District Court in Southeastern Michigan and each Party waives any claim or defense respecting improper venue or lack of jurisdiction in any case brought in such court(s).|
You agree to indemnify and hold Faurecia and its affiliates harmless, and, at Faurecia’s request, to defend Faurecia and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys´ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Site. This indemnity shall be in addition to and not limited by any other indemnity.
8. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties´ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.