ANY ACCESS TO AND USE OF THIS WEB SITE (THE "SITE"), INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE) IS SUBJECT TO THIS AGREEMENT AND CONDITIONS OF USE, AS THEY ARE AMENDED FROM TIME TO TIME (THE "AGREEMENT").
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THIS AGREEMENT. THIS SITE IS OWNED BY GENTEX CORPORATION (“GENTEX,” “WE,” “OUR” OR “US”). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE. WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OF THE SITE AT ANY TIME WITHOUT NOTICE.
1. SITE USE GENERALLY.
1.1 Limited License. Gentex hereby grants you a limited, revocable license to access and make use of the Site for your personal use only. You may download, copy or print the contents from the Site for your personal use only. Access to and use of the Site is solely for your personal information, education and communication with Gentex. The Site and its material may not be modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, or similar data-gathering techniques and tools; (iii) framing or using framing techniques to enclose any Site content without our express written consent; (iv) taking any action that imposes an unreasonable or disproportionately large load on the Site or its network infrastructure or that adversely affects the Site and other users; and (v) using any meta tags or any other “hidden text” that uses our name or any of our trademarks or service marks. We may terminate this license and your rights to use the Site for any reason at any time.
Notwithstanding the terms of this section, images, graphics, sound files, animation files, video files and other multimedia in the Gentex Media Center may be used for legitimate online, print or broadcast media outlets so long as proper credit is given to Gentex Corporation.
1.2 Copyright and Trademark. The Site design, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Gentex. Violators will be prosecuted to the maximum extent possible. Except as expressly provided herein, Gentex does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
1.3 Links to Other Materials. Linked sites are not under the control of Gentex and Gentex is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third-party sites linked to this Site, you do so entirely at your own risk.
1.4 Territory. Gentex operates this Site from its office within the United States. Gentex makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
2.DISCLAIMER OF WARRANTIES.
No Warranty. GENTEX (AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS) PROVIDE THE SITE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES THAT MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE SITE IS WITH THE USER. IN ADDITION, GENTEX DOES NOT WARRANT THE SECURITY OF THE SITE OR THAT INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
3. LIMITATION OF LIABILITY AND REMEDIES.
3.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GENTEX BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF GENTEX KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
3.2 Indemnification. You agree to defend, indemnify and hold Gentex harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Gentex may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of this Agreement.
4. FORWARD LOOKING STATEMENTS.
Please refer to the Company’s complete Safe Harbor Statement at http://ir.gentex.com/SafeHarborStatement.
5. GENERAL TERMS.
5.1 Modification. Gentex reserves the right at any time and in Gentex’s sole discretion to amend or change this Agreement (including any of the policies that may be applicable to your use of the Site). Your continued use of the Site following the posting of changes will constitute your acceptance of the changes. You should visit the “Terms and Privacy” link from time to time to review current versions of this Agreement. Moreover, Gentex reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or Gentex terminate this Agreement, you must immediately stop using the Site. You agree that Gentex will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
5.2 Jurisdiction. You and Gentex agree that the substantive laws of the State of Michigan, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND GENTEX CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN KENT COUNTY OR OTTAWA COUNTY, MICHIGAN, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SITE. Except as otherwise required by law, including Michigan laws relating to consumer transactions, any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of this Agreement and conditions including, without limitation, this section.
5.3 Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under this Agreement will cause Gentex irreparable damage, which cannot be readily remedied by monetary damages in any action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, Gentex will be entitled to an immediate injunction, in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
5.4 Entire Agreement. This Agreement embodies the entire agreement and understanding between Gentex and you with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict the express terms and provisions of this Agreement.
6.1.1 Gentex has established a comprehensive privacy program designated to help us respect and protect your data privacy rights. This statement includes both Gentex's European Union – U.S. Safe Harbor Privacy Statement and the Website Privacy Statement.
6.1.2 EU Safe Harbor Privacy Statement. For personal information of employees, applicants for employment, consumers, customers, investors and government officials that Gentex receives from the European Economic Area, Gentex has committed to handling such personal information in accordance with the Safe Harbor Principles. Gentex’s Safe Harbor certification can be found at https://safeharbor.export.gov/list.aspx. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s website at http://export.gov/safeharbor/.
6.2 How We Collect Information. Our website is primarily an information website that tells you about our products and company. You do not need to provide any personal information if you simply want to browse the website and learn about these items. When/if we ask for your personal information, it is so that we can provide a service to you and to communicate with you about our products and/or company. For example, if you want to apply for a job with us, you can register and submit an application on this website. It will always be your choice whether to provide your personal information in order to take advantage of these features.
When you visit our site, we may record information that your web browser routinely shares with websites. This information may include your browser type, browser language, software and hardware attributes, the date and time of your visit, the website from which you came, the geographical location of the Internet Protocol address and the pages on this site that you visit. This will generally be anonymous data that we collect on an aggregate basis. We will not try to associate anonymous data with your personally identifiable data.
6.3.1 You can manage these cookies. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, it may interfere with the functionality of our site and you may not be able to use all of the site’s features.
6.3.2 We may also use web beacons or similar technology to help us track the effectiveness of our communications. For example, if you have signed up to receive any of our e-mail newsletters, we use technology that allows us to see how many recipients have opened the message and clicked on one of its links.
6.4 What We Do With the Information We Collect. We will generally use the information that we collect to monitor and analyze visitor activity on our website. The following provides a more specific discussion of our uses and disclosures of the information that we may collect.
6.4.1 Your contact information. When you provide us with your contact information, we will use that information to provide services related to this website. For example, if you submit a job application through this website, we will share that information with our Human Resources department, which will use the information to contact candidates for our open positions. If you submit your personal information because you are interested in our products and services, someone may contact you to follow up on your inquiry.
6.4.2 Business operations, law enforcement and legal actions. We may release your information, without prior notice, when we believe it is appropriate to prevent fraud; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; to protect the rights, property and safety of our business and of others; or when required or otherwise permitted by law. For example, we may share information with law enforcement to reduce the risk of fraud or if someone uses or attempts to use our site for illegal reasons. If there is a sale or merger of the company, division or business unit that operates this site, we may also transfer the information we have collected in connection with such sale or merger.
We will use the information we collect to continuously improve our business and our website development.
6.6 How We Protect Your Data. We use commercially reasonable means to protect the integrity of our website and limit access to your personally identifiable information. We limit access to your personal information to those who have a legitimate need to use the information. We cannot provide absolute assurances against, and will not be liable for, breaches of confidentiality due to system failures or unauthorized access by third parties.
6.7 Changes to This Policy. Our business and the laws that regulate us change from time to time, and we reserve the right to change this policy. If we do change this policy, we will post the revised version on this site. If we propose to change our policy in a way that would permit us to make additional uses of information that we had previously collected about you, we will provide you with a meaningful way to opt out of those additional uses.
6.9 Removal from Contact Lists. To be removed from any contact list, please write to us at one of the following addresses (indicting which list you subscribed to):
600 North Centennial Street
Zeeland, MI 49464
or e-mail us at:
It’s important that you specify which list you subscribed to (i.e. are you a shareholder or potential investor, or a potential employee?).
Please note that you may continue to receive materials while we are updating our lists.