1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Agreement. You represent that you are of legal age to form a binding contract, reside in the United States or any of its territories or possessions, and are not a person barred or restricted from receiving any products or services provided by us under the laws of the United States or other applicable jurisdiction. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, any information, materials, documents and other content available at or through the Site (collectively and individually, as applicable, "Content and Materials") and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific notice to you. The amended Agreement becomes effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent and agreement to the changes. However, any changes to the Arbitration provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site. As user of this site, you are responsible for reviewing this Agreement for any revisions.
The content, organization, images, photographs, graphics, design, compilation, video and audio, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. This Agreement permit you to use the Site for your personal, non-commercial use only. The copying, redistribution, retransmission, use, or publication by you of any such matters or any part of the Site in any form, format, medium, or manner whatsoever is strictly prohibited, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
5. Trademarks and Service Marks
6. Access; Limited License; Permitted Uses; Passwords.
You are granted a non-exclusive, non-transferable, non-assignable, revocable license: (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for your personal, noncommercial, and informational purposes; and (c) to print out discrete information from the Site solely for your personal, noncommercial, and informational purposes, and provided that you comply with all copyright and other policies contained therein.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. Restrictions and Prohibitions on Use.
You also agree not to (l) use any device, software or routine that interferes with the proper working of the Site, (m) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. (n) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, (o) attack the Site via a denial-of-service attack or a distributed denial-of-service attack, (p) otherwise attempt to interfere with the proper working of the Site.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your use only and not on behalf of any other person or entity. We do not permit (a) any other person or entity using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site is or will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the Content and Materials will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or Content and Materials at any time without notice to you. We reserve the right in our sole discretion to edit or delete any Content and Materials.
By using this Site, you agree that we may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. We reserve the right to modify, reject or eliminate any material residing on or transmitted to the Site that we, in our sole discretion, believe is unacceptable or in violation of the law or this Agreement.
10. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notices, or other notices on the Site, (b) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, (c) you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. (d) your site does not engage in illegal or pornographic activities, and (e) you discontinue providing links to the Site immediately upon request by us.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send emails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
11. Links to Other Web Sites.
The Site may contain links to other Web sites. Such content and links to external Internet sites are provided within the content on the Site as a convenience to you, and we do not make any representations regarding the availability and performance of any of the Web sites to which we provide links. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us.
When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Advertisers, Third Party Content.
The Site may communicate information including without limitation advertising and sponsorships provided and/or created by third parties such as advertisers, content partners and/or resellers. The content of third parties may appear on the Site or may be accessible via links from the Site. Third parties are responsible for ensuring that material and information submitted for inclusion on the Site is accurate and complies with applicable laws. The Site does not create or develop any of this information and has no control over the accuracy or correctness of such information on the Site, and material on the Site may include technical inaccuracies or typographical errors.
We are not responsible for and assume no liability for any illegality, error, inaccuracy or problem with the third party content and for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, or any information that some people find objectionable, inappropriate, or offensive, opinions, representations or any other form of content on the Site or accessible via links from the Site. You agree that the information and opinions in the third parties content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
14. Purchases and Other Terms and Conditions.
You agree to indemnify, defend and hold us and our officers, directors, partners, agents, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliated business entities (collectively and individually, as applicable, “Affiliated Parties") harmless from any and all liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
15. Disclaimer of Representations and Warranties.
THE SITE AND CONTENT AND MATERIALS ARE PROVIDED “AS-IS," “HOW IS," “AS AVAILABLE," WITH “ALL FAULTS", AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND CONTENT AND MATERIALS. THE SITE AND CONTENT AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS OR HARMFUL COMPONENTS, AND WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
16. Limitation of Liability
We and any and all of the Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions of the Site or content and materials, (b) the unavailability or interruption of the Site or any features thereof, (c) your use, misuse or reliance on the Site or on any Content and Materials, (d) any Content and Materials, and/or (e) any delay or failure in performance beyond our control.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE, MISUSE OR RELIANCE ON THE SITE OR ANY CONTENT AND MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF IN CONNECTION WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, ANY CONTENT AND MATERIALS, OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE) OR RELIANCE UPON ANY CONTENT AND MATERIALS.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND ALL CONTENT AND MATERIALS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
17. Use of Information.
18. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.
19. Information and Press Releases.
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
20. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Detroit, Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any claim or cause of action by you with respect to the Site and/or any Content and Materials must be instituted within one (1) year after such claim or cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically disclosed and/or assigned by us in our sole discretion to any of our Affiliated Parities at any time and to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Detroit, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Detroit, Michigan necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through American Arbitration Association.
Effective: September 19, 2018