Terms of Use

Definitions
HermanMiller.com is a website maintained on the World Wide Web by Herman Miller, Inc., "Website" or "site" refers to HermanMiller.com. "Customer Websites," "Dealer Websites," and "Supplier Websites" are hosted by Herman Miller, Inc., "User," or collectively "Users," refers to any party who accesses the site. "Access" means viewing or otherwise obtaining information located on HermanMiller.com. "Agreement" refers to these Terms of Use and any subsequent modification. "Personal Information" refers to User information voluntarily submitted to Herman Miller, Inc., by User, such as name, address, city, state, postal code, telephone number, e-mail address, job title, and employer.

Description of Services Offered
Herman Miller, Inc., provides HermanMiller.com and Customer Websites as a service to its dealers, suppliers, retailers, and customers. Customer Websites are designed to enhance relationships and support business processes between Herman Miller, Inc., and our dealers, customer influencers, suppliers, and customers.

Acceptance of Terms
Please carefully read the following Terms of Use and Disclaimer before using HermanMiller.com. By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement.

Herman Miller, Inc., reserves the right to modify these Terms of Use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use is effective immediately upon User's receipt of notice from Herman Miller, Inc. Notice can be given through e-mail, posting on the site, or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. Herman Miller, Inc., reserves the right to monitor use of the site.

Herman Miller, Inc., has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. Herman Miller, Inc., can restrict access to any or all portions of the site or remove any information or content from the site at any time. Herman Miller, Inc., reserves the right to terminate this site at any time without prior notice.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone, or other equipment.

Copyrights and Trademarks
Herman Miller, Inc., or its third party content providers shall retain all worldwide rights in the intellectual property of this site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the site is copyrighted or otherwise protected and owned by Herman Miller, Inc., or a third party who licensed the right to use such content to Herman Miller, Inc. Unless otherwise expressly noted, nothing that you read or see on the site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Herman Miller, Inc., except as provided in this Agreement. However, you may reproduce the site content solely for your personal, noncommercial, educational, and informational use ("Authorized uses"), and only if you keep such reproduced content intact with proper attribution and display of the copyright notice. Thus, you may download or print site content, provided you do so for an Authorized use and provided you do not delete or change any of the information, including copyright and trademark notices. 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 site content.

This permission is not a transfer of title, and under this permission you may not:
Alter the site content in any way;

Use the site content for any public display (commercial or noncommercial) or for any commercial purpose other than for your personal purposes;

Remove any copyright, trademark, or other proprietary notations from the materials;

Transfer the site content to another person, "frame" or "in-line link" the site content, "deep link" to the site content, or "mirror" the site content on any other server (Refer to our Linking page for related information);

Copy or modify, redistribute, republish, upload, adapt, or reuse any of the text, graphics, or other site content, or any of the source code or HTML code Herman Miller, Inc., uses to generate its website without prior written permission; or engage in any other conduct that violates the Copyright Act.
This permission terminates automatically without notice if you breach any of this Agreement or any applicable law. Upon termination, you must immediately destroy any downloaded and/or printed site content.

Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.

Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the site or related servers and networks.

Post any material on the site that is offensive to any other User. Herman Miller, Inc., maintains the exclusive right to determine what is offensive.

Post or store on the site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, patents and publicity rights).

Modify the information found on the website.

Engage in any action that Herman Miller, Inc., determines is detrimental to the use and enjoyment of the website.

Use the website for any unlawful or defamatory means.

Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States, or post any information that could result in civil unrest.

Disclaimer and Limitation of Liability
Although HERMAN MILLER, INC., has attempted to provide accurate information on the site, the Company makes no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HERMAN MILLER, INC., NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HERMAN MILLER, INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HERMAN MILLER, INC., IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES, WHICH AFFECT THIS SITE.

IN NO EVENT WILL HERMAN MILLER, INC., OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL HERMAN MILLER, INC., OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD-PARTY CONTENT PROVIDERS OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY WHICH ARISES IN CONNECTION WITH USE OF THE SITE.

Third-Party Content
Herman Miller, Inc., is not the publisher or speaker of any information on the site that is provided by third-party content providers, and Herman Miller, Inc., is not liable for any claims related to such information. Any mention in the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Herman Miller, Inc. Herman Miller, Inc., assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties, or representations associated with such dealings.
HERMAN MILLER, INC., MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, HERMAN MILLER, INC., DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE, WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

Notwithstanding, Herman Miller, Inc., has licensed the use of certain files from CHI-LLC, made available on HermanMiller.com to enhance Users' website experiences. These files include Z-Viewer files. Any product support that is provided for these files will be provided by Herman Miller, Inc., and not by CHI-LLC. These files are the intellectual property of CHI-LLC and are licensed, and not sold, to Herman Miller, Inc., User agrees that the terms of this Agreement concerning the use of material protected by copyright and all other intellectual property laws shall apply to the intellectual property of CHI-LLC. User also agrees not to reverse-engineer any material owned by CHI-LLC.

Product Information
Most products displayed on the Herman Miller, Inc., website are available while supplies last, and Herman Miller, Inc., cannot guarantee that any product displayed on the website is available at the time it is displayed. In some cases, products may not be available at particular stores.

Indemnification
User agrees to defend, indemnify, and otherwise hold harmless Herman Miller, Inc., and its officers, directors, agents, employees, and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site.

Security
Users are prohibited from violating or attempting to violate the security of the site. Herman Miller, Inc., will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. Users 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.

Users 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 HermanMiller.com, 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;

Performing reverse look-ups or tracing any information, personal or otherwise, of any other User, User's account, HermanMiller.com, Herman Miller, Inc., or otherwise exploit any service or information made available by or through the site. Users may obtain their own personal information obtained by Herman Miller, Inc., according to the terms of this Agreement;

Taking any action that unreasonably or disproportionately burdens the HermanMiller.com site's infrastructure, related systems, servers, or networks;

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 HermanMiller.com.

Termination of Agreement
Either Herman Miller, Inc., or User may terminate this Agreement at its discretion. In addition to Herman Miller, Inc.'s, other rights, Herman Miller, Inc., may terminate access to this site or cancel membership to any service that Herman Miller, Inc., provides on the site, if User breaches this Agreement in any way or engages in conduct that Herman Miller, Inc., deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 3, 4, 5, 6, 7, 8, and 9 shall survive.

Links
Links included at HermanMiller.com are provided for the use and convenience of the visitor. The appearance of a link on any page of this site does not constitute an endorsement or recommendation by Herman Miller, nor should a link be in any way interpreted to imply that the site referenced has any relationship with Herman Miller.

Herman Miller, Inc., does not generally object to links to HermanMiller.com from third-party sites. Herman Miller, Inc., does not, however, allow websites that use frames to link to any page on this site without prior written permission. You may not use any Herman Miller, Inc., names, logos, designs, trademarks, or service marks in or with your links unless Herman Miller, Inc., has entered into a specific written agreement with you to do so. As a rule, Herman Miller, Inc., prefers that third-party sites link to the home/first page of HermanMiller.com. Refer to our Linking page for related information.

Copyright Enforcement
Herman Miller, Inc., honors the intellectual property rights of others and asks the same of Users of the site. Herman Miller, Inc., may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Herman Miller, Inc., 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 Herman Miller, Inc., to identify the material;

Information that is reasonably sufficient to permit Herman Miller, Inc., 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.
Herman Miller, Inc., can be contacted at the above address under the Contact Information section.

Miscellaneous
These Terms of Use constitute the entire agreement between Herman Miller, Inc., and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Herman Miller, Inc., and User dealing with the subject matter hereof is superseded. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, Herman Miller, Inc., may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Herman Miller, Inc., remedies are cumulative and not exclusive. Failure of Herman Miller, Inc., to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Herman Miller, Inc., makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Michigan, U.S.A, notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in the State of Michigan, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.

Privacy Statements
Information Collection: Information you Provide Us
Herman Miller, Inc., values your trust. All of our employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information you choose to provide. Personal Information is gathered only when Users make voluntarily on-line submissions of such information or voluntarily establish an account. Examples of the types of information we collect are: name, address, city, state, postal code, telephone number, e-mail address, job title, and employer. We take reasonable steps to ensure that Personal Information is accurate, complete, and current. We only use Personal Information internally and only for the purpose of providing each User with the information they have voluntarily requested. Users may opt to: have Herman Miller, Inc., remove any of User's Personal Information stored in our database; access Personal Information gathered concerning the User; rectify and update any gathered information by sending such requests in writing to the above contact information.

We do not rent, sell, or exchange information about website visitors, except as required by law. We restrict access to visitor information to qualified Herman Miller employees. Third parties who need access to HermanMiller.com visitor information to provide operational or other support services are required by Herman Miller, Inc., to comply with our high standards of security. We gather only the visitor information that is needed to administer our business and enhance and improve our websites.

Information Collection: Automatic Retrieval of Information
Herman Miller, Inc., uses certain electronic tools to capture the type of browser and operating system being used. This information is only for use by Herman Miller, Inc., to understand User behavior, which helps to improve site quality and functionality.

Information Collection: Cookies
Cookies are small data files that are often stored on one's computer each time one visits a new website. Herman Miller, Inc., uses cookies to help personalize the User's experience when visiting HermanMiller.com. These cookies also help to uniquely identify Users' computers for security purposes. These cookies do not contain personally identifiable information. The User may opt to set his or her browser to refuse cookies. However, refusal of cookies may affect the experience at many websites, including HermanMiller.com.

Information Collection: European Union
Personal Information collected by Herman Miller, Inc., in the Europe Union ("EU") and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data. Herman Miller, Inc., adheres to the Safe Harbor Principles and complies with the Safe Harbor Privacy Framework. To the extent that Herman Miller, Inc., transfers any Personal Information from the EU to the United States, Herman Miller, Inc., takes reasonable steps to assure that such information is reliable for its intended purpose, accurate, complete, and current. Herman Miller, Inc., also takes reasonable measures to protect such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Any third party assisting Herman Miller, Inc., in processing or maintaining Personal Information is required by Herman Miller, Inc., to agree to provide at least the same level of privacy protection as required by the Safe Harbor Principles described in the EU Data Directive.

In accordance with the principles of the EU Data Directive, Herman Miller, Inc., investigates and attempts to resolve all relevant complaints and disputes regarding use and disclosure of Personal Information. All other claims or controversies arising out of, or relating to our adherence to, or alleged breach of the EU Data Directive, shall be arbitrated by the American Arbitration Association in accordance with its applicable commercial rules, where the arbitrator is either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply Michigan law, without regard to conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce. In addition, the exclusive location for such arbitration shall be Grand Rapids, Michigan. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

Herman Miller, Inc., is also subject to the jurisdiction of the U.S. Federal Trade Commission:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
consumerline@ftc.gov
http://www.ftc.gov/

Contact Information for Web Hosting Services
Herman Miller, Inc., hosts HermanMiller.com, Customer Websites, Dealer Websites, and Supplier Websites internally. If you have any questions about HermanMiller.com or Customer, Dealer, and Supplier Websites regarding the practice of this site, privacy statement, or conduct, you may reach us by using our contact information.