Terms of Service
Last Updated: August 1, 2017
Before taking advantage of the many useful services offered here, please take a minute to ensure that you understand the terms and conditions of our relationship by reading this important information. By using this Web Site, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use this Web Site. In addition to these Terms of Service, you agree to the collection and use of your personal information as provided in our Privacy Policy. Cooper Standard reserves the right to update or change these Terms of Service at any time and for any reason, without notice. By continuing to use the services offered on this Web Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this page.
THIS AGREEMENT INCLUDES:
- Acceptance of the Terms of Use
- Changes to the Terms of Use
- Accessing the Website and Account Security
- Intellectual Property Rights
- Trademarks
- Prohibited Uses
- User Contributions
- Monitoring and Enforcement; Termination
- Content Standards
- Copyright Infringement; Digital Millennium Copyright Act
- Reliance on Information Posted
- Changes to the Website
- Links from the Website
- Geographic Restrictions
- Disclaimer of Warranties
- Limitation on Liability
- Indemnification
- Governing Law and Jurisdiction
- Arbitration
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
1. Acceptance of the Terms of Use:
These Terms of Use govern your use of the website and any related content, functionality, and services hosted or provided at the Internet domain cooperstandard.com and any electronic content, wherever located, under the care, custody or control of Cooper Standard (the "Website"). In these Terms of Use, (a) words like "we," "us," "ours," "Cooper Standard," or "Company," mean Cooper-Standard Holdings Inc., a Delaware, USA corporation, and its subsidiaries and affiliates and (b) words like "you," your," and "yours," mean the person accessing the Website.
By using the Website, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy at http://cooperstandard.com/privacy-policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. If you access the Website as an agent of another person (including, but not limited to, an employer), you (a) agree to these Terms of Use on behalf of that person and (b) represent and warrant that you have the authority to bind that person to these Terms of Use.
2. Changes to the Terms of Use
We may revise and update these Terms of Use 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.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, both for yourself and for any person for whom you act as an agent in accessing the Website. Check this page often so you are aware of any changes.
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, but not limited to, any registered users.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.
If you provide personal information to us as part of your access to the Website (such as, but not limited to, in connection with obtaining user credentials or accounts), you represent and warrant that that information that you provide is complete and correct. The information that you provide will be subject to our Privacy Policy and you consent to our collection, use, storage, and sharing of your information as provided in the Privacy Policy, as it changes from time to time.
If you choose, or are provided, a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. Any user credentials or account information or privileges are personal to you and you must not share any access, credentials, or account information with any other person, whether intentionally or unintentionally. You must notify us immediately of any unauthorized access to, or use of, your user credentials or any other actual or suspected breach of security.
We may disable any user account or privilege at any time in our sole discretion for any reason or no reason, including where, in our opinion, you have violated any provision of these Terms of Use.
4. Intellectual Property Rights
As between you and us, the Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our licensors. The Website is Copyright 2004-2017 by us.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows.
- You may permit your computer to temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile or other applications for download, you may download one or more copies solely for your own personal use, provided that you are bound by the end user license agreement for such applications and comply with any restrictions contained in that agreement.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- Delete, alter, or disassociate any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except in order to do business with us as contemplated by the Website.
If you violate any of the above restrictions, or any other restrictions in these Terms of Use, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you made. Except for the limited licenses expressly granted in these Terms of Use, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use.
5. Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans associated with the Company's goods and services are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. We make no claim to the trademarks of others.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You must not to use the Website:
- In any way that violates any applicable federal, state, local or international law (including, without limitation, any law regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To send, upload, or transmit any material that does not comply with the Content Standards included in these Terms of Use;
- To transmit, or cause the transmission of, any unsolicited communications, including, but not limited to, any "junk mail," "chain letter," "spam," or any other similar communication;
- To impersonate or attempt to impersonate the Company or any employee or other agent of the Company, or any other person (including, but not limited to, by using an e-mail address, domain, or other indicia associated with any of the foregoing); or
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that we believe might harm the Company or users of the Website or expose them to liability.
Additionally, you must not do any of the following things.
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including, but not limited to, their ability to engage in realtime activities through the Website.
- Use any robot, spider, or other automated device, process, or means to access the Website for any purpose, including, but not limited to, monitoring, copying, scraping, or consolidating any information on the Website.
- Use any device, software, or process that interferes with the proper working of the Website.
- Introduce into the Website or any associated computer or system any computer software, code, or other instructions intended to gain or facilitate unauthorized access to, prevent authorized access to, damage, disable, or degrade the performance of, the Website or any associated computer or system. This prohibition extends to, but is not limited to, such software, code, or instructions commonly referred to as "viruses," "worms," "Trojan horses," and "spyware."
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, any associated computer or system, or any resource connected to, or associated with, the Website.
- Conduct or facilitate any denial-of-service attack or any other attack on the Website or any associated computer, system, or resource.
- Use with the Website any multiplexing, virtual-machine, or other means of creating or maintaining more concurrent sessions than the number for which you are authorized (and, for the avoidance of doubt, except as we otherwise expressly authorize in writing, the number of concurrent sessions for which you are authorized is one per individual then actively accessing the Website).
- Otherwise attempt to interfere with the proper working of the Website.
7. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution that you post to the site will be considered non-confidential. By providing any User Contribution on the Website, you grant to us and to our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, perpetual, non-exclusive, fully-paid, royalty-free, assignable, and sublicensable right to use, reproduce, modify, prepare derivative works of, perform, display, distribute, transmit and otherwise use and disclose to third parties any such material.
You represent and warrant that you own or control rights in the User Contributions that you submit that are sufficient to grant all of the rights identified above. You understand and acknowledge that you are responsible for any User Contributions that you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We undertake no obligation to curate or vet your User Contributions or any other information that you or any other user submits to, or transmits using, the Website.
8. Monitoring and Enforcement; Termination
We have the right, but not the obligation, to:
- Remove, or refuse to receive, post, or retain, any User Contribution for any reason or no reason, in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, if we believe that such User Contribution violates the Terms of Use (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of any person, or could create liability for the Company;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates the third party’s rights, including, but not limited to, intellectual property rights or rights to privacy;
- Take appropriate legal, equitable, or other action, including, but not limited to, referral to law enforcement;
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we may fully cooperate with any governmental authority, and may fully respond to any subpoena or court order requesting or directing us to disclose the identity or other information of anyone submitting any information on or through the Website. YOU RELEASE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND ANY ACTIONS TAKEN IN THE COURSE OF ANY INVESTIGATION BY SUCH A PARTY OR ANY GOVERNMENTAL AUTHORITY.
9. Content Standards
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender preference/expression, or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Violate the rights (including, but not limited to, the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability or that otherwise is in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from, or are endorsed by, us or any other person or entity, if this is not the case.
10. Copyright Infringement; Digital Millennium Copyright Act
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act ("DMCA") (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on the Website, you may notify us of claimed infringement by sending to us a notice containing the following elements.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
Rick Chapo
DMCAAgentService.com
P.O. Box 373
Pine Valley, California 91962
Phone: (800) 804-7260
complaint@dmcaagentservice.com
11. 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. For the avoidance of doubt, NOTHING IN THE WEBSITE IS INTENDED TO, OR DOES, CREATE ANY EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY MATTER, WHETHER AS TO SPECIFICATIONS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, OR ANY OTHER MATTER AND WE DISCLAIM ANY SUCH REPRESENTATION OR WARRANTY. ANY REPRESENTATION, WARRANTY, OR OTHER TERM OR CONDITION WITH RESPECT TO ANY GOODS, SERVICES, OR SOFTWARE OF THE COMPANY WILL BE SOLELY AS PROVIDED IN THE COMPANY'S TERMS AND CONDITIONS OF SALE APPLICABLE TO SUCH GOODS, SERVICES, OR SOFTWARE.
This Website might include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
13. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
14. Geographic Restrictions
The owner of the Website is based in the state of Michigan in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. 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 site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL-OF-SERVICE OR OTHER ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR OTHER RESOURCE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY 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 AND FITNESS FOR PARTICULAR PURPOSE.
16. Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY THEORY, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their 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 of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
18. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute, claim, suit, or cause of action arising therefrom or related thereto (including, but not limited to, 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).
Any claim, suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Michigan or the United States District Court for the Eastern District of Michigan, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction or venue. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Arbitration
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including, but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then-current Rules of Arbitration of the American Arbitration Association applying Michigan law. In any such case, (a) THE PARTIES ACKNOWLEDGE THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT RIGHT MAY BE WAIVED and (b) the parties so waive the right to a jury trial in any such case.
20. 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.
21. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is 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 of Use will continue in full force and effect.
22. Entire Agreement
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and us with respect to the subject matter of these Terms of Use and the Privacy Policy and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Thank you for your cooperation. We hope you find this Web Site helpful and convenient to use! If you have any questions or concerns about how your personal information will be treated as you make use of this Web Site, please take a moment to read our Privacy Policy. Questions or comments regarding this Web Site should be directed by e-mail to automotiveinfo@cooperstandard.com.
Copyright © 2017 Cooper Standard, All rights reserved.