Terms of Use


DMS Terms of Use

Detroit Manufacturing Systems

Terms of Use

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

‌PLEASE BE AWARE THAT SECTION 10 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A NAMED PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

The “Privacy Policy” is incorporated in these Terms. The Privacy Policy can be found at: [INSERT LINK]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.

  1. ‌Definitions

    Circle SVG Image “Detroit Manufacturing Systems” “we,” “us” and “our” mean Detroit Manufacturing Systems. Circle SVG Image “Service” or “Services” means the products and services provided by or through Detroit Manufacturing Systems. Circle SVG Image “Site” refers to the website at Detroit Manufacturing Systems (dmsna.com) including any

    related blogs, domains, mobile applications, mobile sites, online services, and applications maintained by Detroit Manufacturing Systems.

    “You” and “your” or “yourself” mean the individual or entity visiting or using the Site and/or Services.

  2. ‌Access to the Site

    Circle SVG Image Subject to these Terms, Detroit Manufacturing Systems grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal use.

    Circle SVG Image Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you must not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you must not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you must not access the Site to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you must not use the Site 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 US or other countries); or (f) To impersonate or attempt to impersonate Detroit Manufacturing Systems, a Detroit Manufacturing Systems employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) . Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies of it.

    Circle SVG Image Detroit Manufacturing Systems reserves the right, at any time, to modify, suspend, or

    discontinue the Site (in whole or in part) with or without notice to you. You agree that Detroit Manufacturing Systems will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part of it.

    Circle SVG Image No Support or Maintenance. You acknowledge and agree that Detroit Manufacturing Systems will have no obligation to provide you with any support or maintenance in connection with the Site.

    Circle SVG Image You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Detroit Manufacturing Systems or Detroit Manufacturing Systems’s suppliers. Neither these Terms, nor your access to the Site transfers to you or any third party any rights, title, or interest in or to such intellectual property rights. Detroit Manufacturing Systems and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

  3. ‌Acceptable Use Policy

    The following terms constitute our “Acceptable Use Policy”:

    Circle SVG Image You agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, trojan horses, logic bombs, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or unduly burden servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vi) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); or (vii) otherwise attempt to interfere with the proper working of the Site.

    Circle SVG Image We reserve the right (but have no obligation) to investigate and/or take appropriate action

    against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include terminating your access to the Site or reporting you to law enforcement authorities.

  4. ‌Indemnification.

    You agree to indemnify, defend, and hold Detroit Manufacturing Systems (and its officers, employees, suppliers, and agents) harmless, including all costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Detroit Manufacturing Systems reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Detroit Manufacturing Systems. Detroit Manufacturing Systems will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  5. ‌Third-Party Links & Ads; Other Users

    Circle SVG Image Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Detroit Manufacturing Systems, and Detroit Manufacturing Systems is not responsible for any Third-Party Links & Ads.

    Detroit Manufacturing Systems provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing

    so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

    Circle SVG Image You hereby release and forever discharge Detroit Manufacturing Systems(and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

  6. ‌Disclaimers

    THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND DETROIT MANUFACTURING SYSTEMS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES, OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  7. ‌Limitation on Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DETROIT MANUFACTURING SYSTEMS, ITS AFFILIATES, OR THEIR LICENSORS, ITS SUPPLIERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DETROIT MANUFACTURING SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR

    COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID AND RETAINED BY DETROIT MANUFACTURING SYSTEMS FOR THE SPECIFIC SERVICE GIVING RISE TO YOUR CLAIM. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  8. ‌Term and Termination.

    Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Detroit Manufacturing Systems will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3 through 10.

  9. ‌Copyright Policy.

    Detroit Manufacturing Systems respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, using our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

    1. your physical or electronic signature.

    2. identification of the copyrighted work(s) that you claim to have been infringed.

    3. identification of the material on our services that you claim is infringing and that you request us to remove.

    4. sufficient information to permit us to locate such material.

    5. your address, telephone number, and email address.

    6. a statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

    7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are

      authorized to act on behalf of the copyright owner.

      Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

      Please provide us with the following information once you have registered with the Copyright Office:

      Circle SVG Image Name of the Designated Agent. Circle SVG Image Address of Agent.

      Circle SVG Image Telephone number of the Designated Agent. Circle SVG Image Fax number of the Designated Agent.

      Circle SVG Image Email address of the Designated Agent.

  10. ‌General

Circle SVG Image These Terms are subject to revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. If the last email address that you have provided us is not valid, or for any reason cannot deliver to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Circle SVG Image Governing Law. The validity, interpretation, and performance of these Terms will be governed by the laws of the State of Michigan without giving effect to the conflicts of law’s provisions or principles thereof. You agree to the exclusive jurisdiction of the courts located within the State of Michigan to resolve any disputes between the parties and you agree that proper venue is in Oakland County, Michigan or in the Federal District Courts located in Wayne County, Michigan.

Circle SVG Image Waiver of Jury Trial. YOU AGREE FOR YOURSELF AND ON BEHALF OF ANY HEIRS, AFFILIATES, SUCCESSORS, AND ASSIGNS THAT YOU ARE USING THE SITE OR SERVICES AND WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL BY JURY IN ANY LEGAL ACTION, PROEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES.

Circle SVG Image Waiver of Class or Other Non-Individualized Relief. You agree for yourself and on behalf of any heirs, affiliates, successors, and assigns that you are using the site or services that (i) no legal proceeding shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general PUBLIC, OTHER CUSTOMERS, OR POTENTIAL CUSTOMERS or persons similarly situated, and (ii) no proceeding hereunder shall be consolidated with, or joined in any way with, any other proceeding. Detroit Manufacturing Systems Agrees to the same limitations set forth in this section.

  • Arbitration. At Detroit Manufacturing Systems’s sole discretion, it may require you to

    submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non- performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.

  • Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Circle SVG Image The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Detroit Manufacturing Systems, or any products utilizing such data, in violation of the United States export laws or regulations.

Circle SVG Image Detroit Manufacturing Systems is located at the address below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Circle SVG Image Electronic Communications. The communications between you and Detroit Manufacturing Systems use electronic means, whether you use the Site or send us emails, or whether Detroit Manufacturing Systems posts notices on the Site or communicates with you by email. For contractual purposes, you (a) consent to receive communications from Detroit Manufacturing Systems in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Detroit Manufacturing Systems provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Circle SVG Image Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Detroit Manufacturing Systems’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Detroit Manufacturing Systems may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Circle SVG Image Copyright/Trademark Information. Copyright ©2023 Detroit Manufacturing Systems, all

rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

‌ Circle SVG Image Contact Information:

Detroit Manufacturing Systems LLC 12601 Artesian St.

Detroit, MI 48223

313-243-0700

Detroit Manufacturing Systems (dmsna.com)