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.
Table of Contents
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.
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.
3.1 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 payout arising out of your use of the Site or your breach of any term or provision of this Agreement.
Please refer to the Company’s complete Safe Harbor Statement.
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.
Last Updated: January 21, 2020.
COLLECTION OF INFORMATION
Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of the Services, create an account, fill out a form, request information about our products or make inquiries regarding investor relations, sign up for email updates about our products, press releases and public filings, apply for a job, communicate with us via third party social media sites, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, telephone number, business name, and information about your vehicle such as make, model and year, and any other information you choose to provide.
Automatically Collected Information. When you access or use our Services, we automatically collect information about you (or your device), including:
Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version.
Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count website visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage. For more information about cookies and how to disable them, please see "Your Choices" below.
Information We Collect from Other Sources. We may obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you when shared with us by one of our business partners or by your employer if you will be demonstrating, or requesting a demonstration of, one of our products. In addition, when you communicate with us on social media, we might receive additional information about you that is publicly available or made available to us through our interaction with you including your name, account information, and friends lists, in accordance with the privacy settings you set and as determined by such social media site.
USE OF INFORMATION
We primarily use the information we collect to provide, maintain, and improve our Services as well as to respond to your requests for information. We may also use the information we collect to:
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions, and customer service requests;
- Communicate with you about products, services, offers, and events offered by Gentex and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Gentex and others;
- Personalize and improve the Services; and
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
In order to provide the Services to you, we need to share some information about you with select third parties. We will not share information about you except in the following circumstances:
- With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, and safety of Gentex or others;In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among Gentex and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
With your consent or at your direction.
- We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
ANALYTIC SERVICES PROVIDED BY OTHERS
We store the information we collect on you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES
Gentex is based in the United States and we process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.
When we transfer personal data from the European Union to the United States, we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States, respectively. Gentex has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, we are committed to resolving complaints about our processing of information about you. EU individuals with inquiries or complaints regarding our compliance with the Privacy Shield program should first contact us. We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. Gentex is subject to the investigatory and enforcement powers of the Federal Trade Commission. If we share personal data transferred to the U.S. under the Privacy Shield with a third-party service provider that processes such data on our behalf, then we will be liable for that third party’s processing in violation of the Privacy Shield Principles, unless we can prove that we are not responsible for the event giving rise to the damage.
If you have questions about the information processed by the Services or if would like to update, correct, or delete information about you, you can do so by emailing us here. If you have questions or concerns about your ITM account, please email us here, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving informational emails that you request from Gentex by following the instructions in those emails or by emailing us. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
If you are in the European Economic Area ("EEA"), you have certain rights and protections under the law regarding the processing of your personal data.
Legal Basis for Processing
If you are in the EEA, when we process your personal data we will primarily do so in the following situations:
We need to use your personal data to perform our responsibilities under our contract with you.
We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, communicate with you about changes to our Services and to provide, secure, and improve our Services.
We have your consent to do so.
We have a legal obligation to process and disclose your personal data. For example, we may be required to retain certain records for a legally required period of time.
Data Subject Requests
If you are in the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us as indicated below.
Privacy Questions or Complaints.
If you are in the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
For questions about our privacy practices, regardless of where you live, you can reach us by emailing us at email@example.com or by writing to us at:
Attention: Legal Department
600 North Centennial Street
Zeeland, MI 49464
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.
7.1 Accessing Company Public Network From Your Wireless Device. The Company provides Internet access points at no charge in selected areas for guests with portable computers or devices capable of receiving wireless signals. You will be able to access the Internet from your wireless device when sitting within range of an access point. Guests are expected to use wireless access in a legal and responsible manner. By using this wireless access network, the user acknowledges that he/she is subject to, and agrees to abide by all laws, and all state and federal rules and regulations applicable to Internet use.
7.2 Terms and Conditions of Use. Guests will need a notebook/laptop computer or other device equipped with a wireless card that supports the WiFi standard. The Company assumes no responsibility for the safety of the equipment.
7.3 Security Considerations. Wireless access is by nature an insecure medium. As with most guest wireless networks, any information being sent or received over the Company wireless network could potentially be intercepted by another wireless user. Cautious and informed wireless users should not transmit their credit card information, passwords, and any other sensitive personal information while using a wireless "hot spot."
Anyone using the Company wireless network is forewarned that there can be no expectation of privacy when using the wireless network. Users assume all associated risks and agree to hold harmless the Company and its employees for any personal information (e.g. credit card) that is compromised, or for any damage caused to users' hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up-to-date virus protection on their personal laptop computers or wireless devices, as well as staying up-to-date with applicable OS security patches.
7.4 Disclaimer. The Company is providing wireless connectivity in this facility as a guest service and offers no guarantees that any use of the wireless connection is in any way secure, or that any privacy can be protected when using this wireless connection. Use of this wireless connection is entirely at the risk of the user, and the Company is not responsible for any loss of any information that may arise from the use of the wireless connection, or for any loss, injury, or damages resulting from the use of the wireless connection.
7.5 Agreement. By clicking the "I agree" button when accessing the Company's network, you accept the Terms and Conditions in this section (Section 7) and you are entering into a binding agreement.
8.1. Terms and Conditions of Use. By accessing Gentex information through an Internet portal, you agree to hold all such information in strict confidence and use it only for purposes of working with Gentex. Your access to information in this manner shall be governed by these terms, any non-disclosure agreement you have signed with Gentex and/or the Gentex Corporation Purchase Order Terms and Conditions.
9.1. Submitting Unsolicited Information. You agree that any unsolicited information sent in any form to Gentex, and notwithstanding any purported confidential designation, is not confidential. Such information may include but is not limited to, product ideas, marketing ideas, proposals to enter into joint business arrangements, and/or inventions. Gentex is not obligated to treat such information as confidential, and Gentex is permitted to use the information in any way, including but not limited to commercial use, at Gentex’s sole discretion. Further, Gentex reserves the right to register for, apply for, and/or preserve any intellectual property protection that may be related to such unsolicited information.
Aftermarket Terms and Conditions
For aftermarket terms and conditions, please view the Aftermarket Terms and Conditions page.