SOCIAL MEDIA TAG USAGE
ACCEPTABLE USE POLICY
DISCLAIMER AND LIMITATION OF LIABILITY
Our US websites are governed and operated in accordance with the laws of the United States and are intended for the use of residents of the United States.
Herman Miller, Inc.
855 East Main Ave.
Zeeland, MI 49464
Subject: "Contact Us Form: Customer Service"
Phone: 888 443 4357
Fax: 616 654 3085
Personal Data Management Contact
Subject: "Contact Us Form: Personal Data Management"
For issues regarding the Site, you may contact us by using this link.
We reserve the right to modify these Terms at any time without notice to you, including imposing a fee to access certain materials contained on the Sites. Any change in these Terms are effective immediately upon posting. Accordingly, Herman Miller recommends that you read these Terms carefully each time you visit a Site. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms.
You acknowledge and agree that the Site, including the accessibility, hours of use, and any and all features and content available via the Site and any User Content (as defined below), may be modified by Us, in Our sole discretion, at any time without prior notice. We may restrict access to any or all portions of the Site or remove any information or content from the Site at any time. All such modifications are subject to these Terms.
You may not, and your use of the Site may not:
- violate any applicable local, state, national, or international statute, regulation, or law;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
- share your account with anyone else, including giving your password to another person;
- disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site;
- modify the information found on the Site;
- use the Site for commercial purposes; or
- upload, post, use, or otherwise make available any content that:
- is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
- is subject to any disclosure restrictions;
- infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
- is unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.
From time to time, the Sites permit the submission of content such as comments, blogs and product reviews generated by you and other users (collectively called “User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Herman Miller that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize Herman Miller to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Herman Miller’s Acceptable Use Policy set forth below.
Herman Miller does not endorse any User Content or any opinion, recommendation or advice expressed therein. Herman Miller reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Herman Miller has the right to refuse, remove, edit or delete any User Content and terminate any user’s access to the Sites for any reason. Herman Miller takes no responsibility for User Content.
Social Media Tag Usage
BY USING #HMATHOME, #YESHERMANMILLER OR TAGGING @HERMANMILLER AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE HERMAN MILLER WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Herman Miller all of the rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Herman Miller; (iv) impersonate any person or entity, including but not limited to a representative of Herman Miller, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Herman Miller reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
All content, information, data, and other material contained on the Site, including without limitation, all trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and all original content, are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Us and which are protected under the laws of the State of Michigan, the United States, foreign jurisdictions, and/or international treaties. The Site, its content, and all related rights remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. We grant you a limited right to use the content on the Site as follows (“Authorized Use”):
- you may reproduce the Site content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice;
- Architects and designers may download and use the photo gallery portion of the Site in connection with bids or requests for proposals for the sale by Us and Our authorized dealers of Our furniture and products to customers;
- internal training and for seminars.
In connection with your Authorized Use, you may download or print content, provided you do not, without Our express written consent, modify or delete any of the information, including any proprietary notices. Except as otherwise set forth herein or subject to Our written consent, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the content. In addition, you may not transfer any content to another person, "frame" or "in-line link" the content, "deep link" to any content within the Site, or "mirror" the Site or content therein on any other server. Except as expressly set forth herein, use of the Site does not constitute a grant of any license or other right to use or exploit any of these proprietary rights.
Media should contact Corporate Communications at firstname.lastname@example.org for permission to use the copyrighted information.
Disclaimer and Limitation of Liability
Although We have attempted to provide accurate information on the Site, We are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, content, pricing, or product images. We do not represent or warrant that the Site or content contained there is appropriate for or applicable to use outside of the applicable territory in which is offered or made available. YOUR USE OF THE SITE IS AT YOUR OWN RISK. EXCEPT WITH RESPECT TO HERMAN MILLER’S WARRANTY FOR PRODUCTS PURCHASED IN ACCORDANCE WITH THE STORE TERMS, YOUR ACCESS TO THE SITE, ANY CONTENT CONTAINED WITHIN, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHICH ARE SPECIFICALLY DISCLAIMED. WE, OUR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SERVICE PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM OR ARISING OUT OF ANY USE, INABILITY TO USE OR UNAVAILABILITY OF THE SITE OR ANY INFORMATION OR CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HERMAN MILLER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL OR MALICIOUS ELEMENTS.
This Site may contain third-party content and links to other websites, and third-party websites may link to the Site (collectively, “Third Party Content”). We do not review or monitor nor are responsible for such Third Party Content. Any mention on the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Us or create a relationship with Us. We disclaim any liability with respect to your use of any such Third Party Content, and you release Us from any liability related to your use of any Third Party Content. Third Party Content may be subject to different and additional terms and conditions, privacy, and other terms. Any dealings among you and any third parties are solely between you and such third parties.
Certain products displayed on the Site are available while supplies last, and We cannot guarantee that any product displayed on the Site is available at the time it is displayed. In some cases, products may not be available at particular stores or in particular locations.
You agree to defend, indemnify, and otherwise hold Us and our successors and assigns, our officers, directors, agents, employees, assigns, third-party content providers, and service partners, harmless from and against any causes of action, including any claims, demands, losses, fees, expenses (including legal fees and expenses), costs, liabilities, and damages related to or arising out of your use of the Site.
You are prohibited from violating or attempting to violate the security of the Site. We will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. You are required to enter a user name and password to access secured extranets. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site.
- You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to:
- Gaining unauthorized access to any portion, feature, or services offered by or through the Site, or any related systems, servers, or networks connected to the Site by hacking, password "mining", or any other unauthorized means;
- Scanning or testing the vulnerability of the Site or a system, server, or network connected to the Site;
- Breaching the security or authentication measures on the Site or any network connected to the Site;
- Taking any action that unreasonably or disproportionately burdens the Site’s infrastructure, related systems, servers, or networks; or
- Using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person's use of the Site.
We may terminate your access to the Site or cancel or suspend your account at any time if you breach or encourage others to breach these Terms in any way or engage in conduct that We deem inappropriate. Upon such termination or suspension, any Authorized Use granted herein terminates automatically without notice to you.
We honor the intellectual property rights of others and ask the same of you. We may, in Our sole discretion, terminate your account or access rights if your actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Us with the following information:
- 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 at a single online site are covered by a single notification, a representative list of such works at that 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 Us to identify the material;
- Information that is reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number and, if available, e-mail address;
- A statement that the complaining party has a good faith belief that use of the material in a 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.
We can be contacted at the above address under the Contact Information section.
These Terms constitute the entire agreement between Us and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Us and you dealing with the subject matter hereof is superseded. If any portion of these Terms are found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms, We may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. We make no representation that the content of the Site is appropriate or available for use in all locations. You are responsible for compliance with all applicable local laws. Any dispute arising out of these Terms shall be governed by the laws of the State of Michigan, U.S.A., notwithstanding any conflicts of law principles. Any action relating to these Terms must be filed and maintained in a state or federal court located in the State of Michigan, U.S.A., and you consent to exclusive jurisdiction and venue in such courts for such purpose.