Terms of Service
MJM
Last Modified: January 5, 2021
If you would like to see past versions of the MJM Inc. Terms & Conditions, please contact us at info@themjm.com and we would be happy to provide you with a copy of any prior version.
Article A – Generally Applicable Terms
1. Applicability of these Terms and Conditions
The MJM Inc., an Deleware Corporation, ("The MJM") provides directory and information on business in the cannabis and related industries and a website (themjm.com) and web-based platform for use in submitting listing data (collectively, the website and web-based platform are referred to herein as the "The MJM Platform").
The The MJM Inc. Terms & Conditions (the "Agreement") is a legally binding contract between The MJM and you, the prospective user or Customer. If you are a Customer, Articles A, B and C of this Agreement apply to you. If you are not a Customer, but a User, then only Articles A and B of this Agreement apply to you.
For more information or if you have any questions about these terms of use, including what legal terms apply to you, please contact us at info@themjm.com.
2. Acceptance of Terms of Use
This Agreement is between you and The MJM.
By accessing or using the Services or The MJM Platform, or by clicking to accept or agree to the Agreement when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the Agreement, which include our Privacy Policy, incorporated herein by reference. If you do not wish to agree to the Agreement or the Privacy Policy, you must not access or use the Services or The MJM Platform.
The Services and The MJM Platform are offered and available to users who are eighteen (18) years of age or older. By using the Services or The MJM Platform you represent and warrant that you are of legal age to form a binding contract with The MJM.
Also, please note that we may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services or The MJM Platform thereafter. Your continued use of the Services or The MJM Platform following the posting of changes means that you accept and agree to the changes. It is your responsibility to check this Agreement periodically for changes, as these changes are binding on you.
The material provided through our Services and The MJM Platform is protected by law, including, but not limited to, United States copyright law and international treaties. The Services and The MJM Platform are controlled and operated by The MJM from its offices within the United States. The MJM makes no representation that materials in the Services and The MJM Platform are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services and The MJM Platform from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
3. Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MJM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE MJM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROFESSIONAL SERVICES OR THE MJM PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE THE MJM PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE MJM PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PROFESSIONAL SERVICES OR THE MJM PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO AGREE THAT THE MJM WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE THE MJM PLATFORM OR THE WEB SITE(S) YOU ACCESS THROUGH THE THE MJM PLATFORM, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND ANY EVENTS BEYOND THE MJM’S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE MJM'S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID TO THE MJM BY YOU IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING EVENTS FIRST GIVING RISE TO THE CLAIM.
5. Severability.
In the event that any provision of this Agreement is unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
6. Notices.
Notices to The MJM shall be sent to 4747 E Ray Road, Ste. 29-521, Phoenix Arizona, 85044
The MJM shall provide all notices to Users under this Agreement by email, although we may instead choose to provide notice via the MJM Platform or your then-current postal address on file with The MJM. For purposes of messages and notices about the MJM Platform applicable to all Users, The MJM may place a banner notice across the The MJM Platform to alert you. You also agree that The MJM may communicate with you through other means including email, mobile number, telephone, or delivery services including the postal service, about your account or services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the MJM Platform.
7. Entire Agreement.
You agree that this Agreement, including the documents incorporated herein by reference, constitutes the entire, complete and exclusive agreement between you and us regarding the Services and The MJM Platform and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as set forth otherwise in this Agreement, this Agreement cannot be modified or amended except in a writing executed by both parties that specifically references this Agreement and states that it is to amend the Agreement.
8. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by The MJM shall be deemed legally binding on The MJM, unless documented in a physical writing hand signed by a duly appointed officer of The MJM.
Article B – Terms for Use of the MJM Platform.
9. Customer Users and Non-Customer Users.
The terms set forth in this Article B apply to all Users of the MJM Platform, whether such User is a Customer of The MJM or not. Each User agrees to the terms in this Article B. In addition, each Customer is responsible for ensuring that all of such Customer's authorized Users comply with the terms of this Article B when using the MJM Platform.
AS BETWEEN THE MJM AND CUSTOMER, YOU AGREE THAT CUSTOMER IS SOLELY RESPONSIBLE TO (A) INFORM USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY THE MJM PLATFORM SETTINGS THAT MAY IMPACT ON THE HANDLING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS, OR CONSENTS FROM USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE THE MJM PLATFORM, AND (C) RESPOND TO AN RESOLVE ANY DISPUTE WITH A USER RELATED TO OR BASED ON CUSTOMER DATA, THE THE MJM PLATFORM OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS.
10. Ownership and Proprietary Information
Other than Customer Data, the content and information on the MJM Platform ("The MJM Content") is proprietary to The MJM or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, and individually, "The MJM Content Providers"). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any The MJM Content obtained from or through The MJM.
Subject to your compliance with this Agreement, as applicable, The MJM Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MJM Content. This license does not include any resale or commercial use of any The MJM Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any The MJM Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by The MJM Content Providers.
11. Registration, Accounts, and Passwords
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. The MJM cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the MJM Platform. Access and use of password-protected and/or secure areas of the MJM Platform is restricted to users who have been given a valid password by The MJM. We may terminate your membership and access to our The MJM Platform and to the Services if we learn that you have provided us with false or misleading registration data.
12. Mobile Terms
If you are receiving special offers from The MJM via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at info@The MJM.com or text instructions regarding opting out.
By opting to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.
13. Payment
The The MJM Platform is provided to Users free of charge for as long as the Customer authorizing such User access is in good-standing with The MJM, including but not limited to that such Customer is current on all amounts owed The MJM for Services purchased by the Customer.
14. Use Restrictions and Intellectual Property
The The MJM Platform may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any The MJM Content contained on the MJM Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on the MJM Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify The MJM for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you or (in the case of a Customer) any of your Users.
The The MJM Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of The MJM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The MJM without express written consent. You may not use any meta tags or any other "hidden text" utilizing The MJM’s name or trademarks without the express written consent of The MJM. You may not misuse The MJM Content. You may use The MJM Content only as permitted by law. The licenses granted herein terminate if you do not comply with this Agreement.
15. U.S. Government Restricted Rights
The materials on The MJM are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of The MJM’s proprietary rights in them.
16. Changes
Information on the MJM Platform may be changed or updated without notice. The MJM may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
17. Availability
Information that The MJM publishes on the MJM Platform may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that The MJM intends to announce such products, programs or services in your country. Consult The MJM for information regarding the products, programs and services which may be available to you.
18. Disclaimer of warranties as to The MJM Platform
THE THE MJM PLATFORM (INCLUDING ALL THE MJM CONTENT) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY THE MJM ON AN "AS IS" BASIS ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MJM PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. USE OF THE THE MJM PLATFORM (INCLUDING ALL THE MJM CONTENT) IS SOLELY AT YOUR RISK.. THE MJM MAKES NO WARRANTY THAT (i) THE THE MJM PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE THE MJM PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THE MJM PLATFORM WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THE MJM PLATFORM WILL MEET YOUR EXPECTATIONS. THE MJM EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE THE MJM PLATFORM WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA") AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE THE MJM PLATFORM, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. THE MJM DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THE MJM PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MJM OR THROUGH OR FROM THE THE MJM PLATFORM SHALL CREATE ANY WARRANTY.
19. Transmissions
Any material, information, or idea you transmit to or post on the MJM Platform by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by The MJM or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing its products. Notwithstanding the foregoing, all personal data provided to The MJM will be handled in accordance with The MJM’s Privacy Policy, available online or by contacting The MJM at the email address provided at the top of this Agreement. You are prohibited from posting or transmitting to or from the MJM Platform any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
20. User Communications and Acceptable Uses
The MJM, at any time now or in the future, may allow you and other Users to use the MJM Platform to communicate with each other. Such communication rights, if included by The MJM in the MJM Platform, will be set and controlled by the Customer that authorized the Users' access.
To help ensure a safe and productive environment, all Users must comply with the following acceptable use standards when using the MJM Platform, as well as promptly report any inappropriate behavior or content to the appropriate Customer and The MJM.
i. Acceptable Uses. You agree to undertake the following:
a. Comply with all applicable laws and government regulations, including, without limitation, privacy laws, intellectual property laws, export control laws, labor and employment laws, tax laws, and regulatory requirements;
b. Upload and distribute only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships and do so only in compliance with all applicable laws and governmental regulations.
c. Provide accurate information and update it as necessary;
d. Use commercially reasonable efforts to prevent unauthorized access to our use of the MJM Platform;
e. Protect passwords and access to sensitive personal information and other information that is confidential in nature;
f. Monitor and control activities conducted through your account;
g. Promptly notify Customer and The MJM of you are aware of or suspect any illegal or unauthorized activity or security breach, including any loss, theft or unauthorized disclosure or use of a user name or password;
h. Regularly review and comply with this Agreement
i. Regularly review and comply with the MJM Privacy Policy;
j. Review and comply with notices sent by The MJM concerning the MJM Platform; and
k. Use the MJM Platform in a professional manner.
ii. Unacceptable Uses. You agree not to do the following:
a. Publish or input inaccurate information;
b. Use or attempt to use another's account without authorization from The MJM, or create a false identity on The MJM;
c. Upload, post, transmit or otherwise make available any content that: (a) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (b) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; (c) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; or (d) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of The MJM or any User.
d. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the MJM Platform, or any part thereof.
e. Utilize or copy information, content or any data you view on and/or obtain from The MJM to provide any service that is competitive, in The MJM’s sole discretion, with The MJM;
f. Adapt, modify or create derivative works based on The MJM intellectual property or technology underlying the MJM Platform;
g. Rent, lease, loan, trade, sell/re-sell access to the MJM Platform or any information therein, or the equivalent, in whole or part;
h. Remove any copyright, trademark or other proprietary rights notices contained in or on the MJM Platform;
i. Infringe or use The MJM’s brand, logos and/or trademarks, including, without limitation, using the words "Full Contour" in any business name, email, or URL, except as expressly permitted by The MJM;
j. Access the MJM Platform for purposes of monitoring The MJM’s availability, performance or functionality for any competitive purpose, including for purposes of building a similar or competitive product or service or to copy any ideas, features, functions or components of the MJM Platform;
k. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the MJM Platform;
l. Attempt to or actually access the MJM Platform by any means other than through the interfaces provided by The MJM;
m. Attempt to or actually override any security component included in or underlying the MJM Platform;
n. use the MJM Platform in violation of any law, including without limitation.
o. Use the MJM Platform in a manner that may harm minors or that interacts with or targets people who are under the age of eighteen;
p. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on The MJM’s infrastructure, including, but not limited to, attempting to gain unauthorized access to the MJM Platform, or transmitting or activating computer viruses through or on the MJM Platform;
q. Interfere with or disrupt The MJM or the MJM Platform, including, but not limited to, any servers or networks connected to The MJM.
By posting any materials or other information on or through the MJM Platform, except to the extent prohibit by law, including HIPAA, you grant The MJM a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights. The MJM shall act in good faith to maintain all information provided by you through the MJM Platform in accordance with The MJM's then-current data retention practices, but reserves the right to delete any information that The MJM believes in good faith to be creating an immediate risk of injury or harm to the MJM Platform, The MJM, its Customers or other Users.
The The MJM Platform may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties.
21. Termination and Suspension
In its sole and absolute discretion, with or without notice to you, The MJM may suspend or terminate your use of and access to the MJM Platform, terminate your account without prior notice and for any reason, including, but not limited to: (i) concurrent access of the The MJM Platform with identical user identification, (ii) permitting another person or entity to use your user identification to access The MJM, (iii) any unauthorized access or use of The MJM, (iv) any suspected violation of this Agreement, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the MJM Platform, or (vi) failure to use the MJM Platform on a regular basis. You may terminate your account for any reason by emailing The MJM at info@themjm.com. The MJM shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which The MJM may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to The MJM.
22. Digital Millennium Copyright Act ("DMCA") Notice.
In the event materials are made available to the MJM Platform by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the MJM Platform. If you believe any materials on the MJM Platform infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 locate the material;
iv. Information reasonably sufficient to permit us 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;
v. 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
vi. 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.
All DMCA notices should be sent to our designated agent as follows:
Attn: Chief Technical Officer, The MJM Inc. 4747 E Ray Road, Ste. 29-521, Phoenix Arizona, 85044
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
24. Indemnification.
The MJM does NOT agree to indemnify, defend or to hold Customer harmless against or from any claims, causes of action and/or damages to any third party(ies) resulting from or arising out of the use of The MJM’s Services, the MJM Platform. Customer agrees to fully indemnify, defend and hold The MJM harmless from any and all claims, using The MJM’s Services and/or the MJM Platform, including but not limited to any claims of bodily injury, property damage or other form of injury resulting from said defect whether made by Customer or otherwise.