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DANA SUPPLIER NETWORK ("DSN") INTERNET SITE
Terms of Use
INTRODUCTION
Welcome to the Dana Supplier Network ("DSN") Internet Site. PLEASE READ
THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. This
Site is owned and maintained by Dana Limited ("Dana") through its
Global Strategic Servicing Team ("GSST"). By using the DSN Site, you signify
your agreement to these terms of use. If you do not agree to these terms
of use, please do not use this Site. We reserve the right, at our discretion,
to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use
of this Site following the posting of changes to these terms will mean
you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on this Site are the copyrighted property of Dana
or its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names are proprietary to Dana
or its affiliates. No material from this Site or any other Internet site
owned, operated, licensed, or controlled by Dana or its affiliates may
be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of any necessary
materials on any single computer for the purpose of fully utilizing this
Site, provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the material, (iii) you do
not use the materials in a manner that suggests an association with any
of our products, services, or brands, and (iv) you do not download quantities
of materials to a database that can be used to avoid future downloads
from any Dana Site. For purposes of these terms, the use of any such material
on any other Web site or computer environment is prohibited. All trademarks,
service marks, trade names and trade dress are proprietary to us.
SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding
our products and services. If, at our request, you send creative ideas,
suggestions or materials or you send us unsolicited creative suggestions,
ideas, notes, drawings, concepts or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain our
property. None of the Submissions shall be subject to any obligation of
confidence on our part and we shall not be liable for any use or disclosure
of any Submissions. Without limitation of the foregoing, we shall exclusively
own all now-known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to unrestricted
use of the Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions.
PRIVACY POLICY
It is our policy to respect the privacy of all customers. We will not
monitor, edit, or disclose information collected on the DSN site except
to other Customers who are authorized to use this Site, necessary Dana
personnel, and our internal and external auditors unless, (a) you authorize
us to do so; (b) we must do so in order to resolve technical problems
on the Site; or (c) unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or comply
with legal process served on us; (2) protect and defend our rights or
property; or (3) act in an emergency to protect the safety of our customers
or the public. Customers shall remain solely responsible for any information
submitted to any Dana Site.
CONTENT LINKED TO THIS SITE
Please exercise discretion while browsing the Internet using this Site.
You should be aware that when you are on this Site, you could be directed
to other sites that are beyond our control. There are links to other sites
from DSN pages that take you outside of our service. For example, if you
click on a search result, the click may take you off the DSN Site. This
includes links from Suppliers and content partners that may use our logo(s)
as part of a co-branding agreement. These other sites may send their own
cookies to users, collect data, solicit personal information, or contain
information that you may find inappropriate or offensive. In addition,
advertisers on this Site may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites to this
Site.
We make no representations concerning the content of sites listed in
any of our directories. Consequently, we cannot be held responsible for
the accuracy, relevancy, copyright compliance, legality, or decency of
material contained in sites listed in our search results or otherwise
linked to this Site.
Please keep in mind that whenever you give out personal information online
that information can be collected and used by people you don't know. While
Dana strives to protect your personal information and privacy, we cannot
guarantee the security of any information you disclose online; you make
such disclosures at your own risk.
DISCLAIMER
THE MATERIALS IN THE DSN SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
We explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on sites that link to or from this
Site. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from
this Site or third-party content on this Site. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy or
reliability of, any of the information contained in such third-party sites
or content. We do not make any representations or warranties as to the
security of any information (including, without limitation, all personal
information) you might be requested to give any third-party, and you hereby
irrevocably waive any claim against us with respect to such sites and
third-party content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
Searches and Directories are free services offered by us. Because the
Web changes constantly and the information in the results of the searches
and directories are based upon content provided by third-parties, we explicitly
disclaim any responsibility for the contact or availability of information
contained in our search index and directories.
INDEMNFICATION
If you choose to use the Login section of the DSN Site, you are responsible
for maintaining the confidentiality of your Password and account and for
all activities that occur under your account. You hereby indemnify, defend,
and hold Dana and our affiliates and our officers, directors, owners,
agents, information providers, affiliates, licensors, and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all liabilities
and costs (including reasonable attorneys' fees') incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
of this Agreement or claims arising from your account. You shall use your
best efforts to cooperate with us in the defense of any claim. We reserve
the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE
OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the DSN Site are presented
solely for use by the GSST, Dana personnel and Suppliers with current
National or International agreements with Dana. Dana is controlled and
operated from its U.S. offices in Ohio. We make no representation that
materials on this Site are appropriate or available for use in any particular
location. Those who choose to access this Site do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable.
TERMINATION
These terms are effective until terminated by either party. You may terminate
these terms at any time by discontinuing use of this Site and destroying
all materials obtained from this Site and all related documentation and
all copies and installations thereof, whether made under these terms or
otherwise. Your access to this Site may be terminated immediately without
notice from us if in our sole discretion you fail to comply with any term
or provision of these terms. Upon termination, you must cease use of this
Site and destroy all materials obtained from this Site and all copies
thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the
laws of the State of Ohio, without giving effect to any principles of
conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms or relating to your usage of the Site
shall be filed only in the state or federal courts located in Lucas County,
Ohio and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter
herein and shall not be modified except by written changes submitted by
us from time to time as stated in the Introduction paragraph.
NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on the Site,
electronic mail to a user's e-mail address on our records, or by written
communication sent by first-class mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Dana's Designated
Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
Dana Supplier Network
27404 Drake Road
Farmington HIlls, MI 48331
purchasing@dana.com
To be effective, the notification must be a written communication that
includes the following:
- A physical or electronic signature of the 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 multiply copyrighted works at a single online site are covered by
a single notification, a representative list of such works at the Site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider 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; and
- 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.
For web posting, reprint, transcript or licensing requests for Dana material
or to submit material or ideas for this website, please contact purchasing@dana.com
.
For any questions or request other than copyright, licensing requests
or submission of information, please contact purchasing@dana.com
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