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| By using our Sites, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Sites. The Sites title refers ”us” or “our” refers to this Sites or to the Sites which directed you to this legal statement and Sites. The term “you” refers to the user or viewer of our Web Sites. Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our Sites (the "Sites"). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sites, the content, products or services provided by or through the Sites, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Sites, and you should review this Agreement prior to using the Sites. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Sites are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Sites, except as allowed by the section below Limited License, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Sites. The posting of information or materials on the Sites does not constitute a waiver of any right in such information and materials. Some of the content on the Sites may be the copyrighted work of third parties. Service Marks Service marks or registered service marks noted on this Sites are the property of respective owners as noted. Other product and company names mentioned on the Sites may be trademarks of their respective owners. Limited License; Permitted Uses You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Sites strictly in accordance with this Agreement; (b) to use the Sites solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Sites solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Sites or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Restrictions and Prohibitions on Use Your license for access and use of the Sites and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Limited License), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Sites or any Content and Materials retrieved from it; (b) use the Sites or any materials obtained from the Sites to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Sites; (d) use any Content and Materials from the Sites in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Sites; (f) make any portion of the Sites available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Sites software or use any network monitoring or discovery software to determine the Sites architecture; (h) use any automatic or manual process to harvest information from the Sites; (i) use the Sites for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Sites in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Sites or any portion thereof, or any software available on or through the Sites, in violation of the export control laws or regulations of the United States. Forms, Agreements & Documents We may make available through the Sites or through other Web Sites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents provided with or without a charge are offered without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records. Linking to the Sites You may provide links to the Sites, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Sites, (b) your Sites does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Sites immediately upon request by us. Advertisers We are very particular with regards to advertising and sponsorship links provided both to and from our Sites. The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, accuracy or problem in the advertiser or sponsor’s materials. Registration Certain sections of, or offerings from, the Sites may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only. We do not permit (a) any other person 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. Errors, Corrections and Changes We do not represent or warrant that the Sites 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 information available on or through the Sites will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Sites at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Sites. Third Party Content Third party content may appear on the Sites or may be accessible via links from the Sites. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Sites. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 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. Indemnification You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Sites. Nontransferable Your right to use the Sites is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. Disclaimer THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE Sites ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, 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 OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS Sites AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE Sites 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. Limitation of Liability (a) We and any Affiliated Party 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 from the Sites or any services or products obtainable there from, (b) the unavailability or interruption of the Sites or any features thereof, (c) your use of the Sites, (d) the content contained on the Sites, or (e) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE Sites AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. Use of Information We reserve the right, and you authorize us, to the use and assignment of all information regarding Sites use by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Privacy Policy Our Privacy Policy, as it may change from time to time, is a part of this Agreement. Please review this policy. Payments You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Securities Laws (if applicable) The Sites may include statements concerning respective operations, prospects, strategies, financial condition, future economic performance and demand for products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Sites, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Sites and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. Links to other Web Sites The Sites contains links to other Web Sites. 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 Sites on our Sites does not imply approval or endorsement of the linked Web Sites by us. If you decide to leave our Sites and access these third-party Sites, you do so at your own risk. 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:
Legal Compliance You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and the Content and Materials provided therein. Miscellaneous This Agreement shall be treated as though it were executed and performed in Traverese City, 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 cause of action by you with respect to the Sites (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth Limitation of Liability and Use of Information. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Sites 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. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement. Arbitration Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Sites operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. 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 Traverse City, Michigan. Each party shall bear its own attorneys fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our Sites and our products and services. Information We May Collect When you visit our Web Sites you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web Sites use information collected on an aggregate basis as you and others browse our Web Sites. 1. Personal Information You Choose to Provide Registration Information. You will provide us information about yourself, your firm or company, and your practices when you register to be a member of the Sites, register for certain services, or register for email newsletters and alerts. You may also provide additional comments on how you believe we are servicing your needs and interests. Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. 2. Web Site Use Information Similar to other commercial Web Sites, our Web Sites utilizes Web server logs to collect information about how our Web Sites are used. Information gathered through Web server logs may include the date and time of visits, the pages viewed, time spent at our Web Sites, and the Web Sites visied just before and just after our Web Sites. We, our advertisers and ad serving companies may also use small pieces of code called "web beacons" or "clear gifs" to determine which advertisements and promotions users have seen and how users responded to them. How Do We Use the Information That You Provide to Us? Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. At your request, we may also use the information we collect to notify you about important changes to our Web Sites, new services and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by notifying us What Are Cookies? A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit Web Sites, that Sites's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web Site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a Web Sites to access the cookies it has already sent to you, not the cookies sent to you by other Sites. How Do We Use Information We Collect from Cookies? If cookies are used, as you access certain areas the Sites may use its cookies to differentiate you from other shoppers so your shopping cart is only available to you. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our Web server's log files, allow us to calculate the aggregate number of people visiting our Web Sites and which parts of the Sites are most popular. This helps us gather feedback in order to constantly improve our Web Sites and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies. Sharing Information with Third Parties We may enter into alliances, partnerships, or other business arrangements with third parties. Only with your permission, third parties may be given access to personal information including your name, address, telephone number and email for the purpose of providing you information regarding products and services that you have indicated may be of interest to you. In connection with alliances, partnerships, or arrangements, we provide information you permit with third parties to be used in a responsible manner by a responsible third party. For example, some of our partners operate stores or provide services on our Sites, while others provide offerings developed by us for your use. We also use third parties to facilitate our business, including, but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, our partners and other third parties may have access to your personal information for use in connection with business activities. As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution. Notice of New Services and Changes With your permission, occasionally, we may also use the information we collect to notify you about important changes to our Web Sites, new services and special offers. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by sending us an email request. How Do We Protect Your Information? How Do We Secure Information Transmissions? Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on our Web Sites may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services, which are enabled by secure service providers. Pages utilizing this technology will have URLs that start with HTTPS instead of HTTP. Please contact us if you have any questions or concerns. How Can You Access and Correct Your Information? You may request access to all your personally identifiable information that we collect online and maintain in our database upon request. Certain Disclosures We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to: (a) conform to the law or comply with legal process served on us or Affiliated Parties; (b) protect and defend our rights and property, the Sites, the users of the Sites, and/or our Affiliated Parties; or (c) act under circumstances to protect the safety of users of the Sites, us, or third parties. What About Other Web Sites Linked to Our Web Sites? We are not responsible for the practices employed by Web Sites linked to or from our Web Sites nor the information or content contained therein. Often links to other Web Sites are provided solely as pointers to information on topics that may be useful to the users of our Web Sites. Please remember that when you use a link to go from our Web Sites to another Web Site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web Sites, including Web Sites that have a link on our Web Sites, is subject to that Web Sites's own rules and policies. Please read over those rules and policies before proceeding. Your Consent By using our Web Sites you consent to our collection and use of your personal information as described in our Sites applicable policies as noted. If we change our privacy policies and procedures, we will post those changes on our Web Sites to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. We are not required to notify you of these changes in order for them to apply. Materials available in these Web Sites are protected by copyright law. Copyright ©. No part of the materials including graphics or logos, available in this Web Sites may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific permission (to request permission to use materials, continue to our Permission Request Form). Distribution for commercial purposes is prohibited. Information and Press Releases The Sites contain information and press releases about respective parties. 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. |
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