AGREEMENT BETWEEN USER AND Michigan Manufacturers Association
The Michigan Manufacturers Association Web Site is comprised of various Web pages operated by Michigan Manufacturers Association.
The Michigan Manufacturers Association Web Site is offered to you conditioned on your acceptancewithout modification of the terms, conditions, and notices contained herein. Youruse of the Michigan Manufacturers Association Web Site constitutes your agreement to all such terms,conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Michigan Manufacturers Association reserves the right to change the terms, conditions, and noticesunder which the Michigan Manufacturers Association Web Site is offered, including but not limitedto the charges associated with the use of the Michigan Manufacturers Association Web Site.
LINKS TO THIRD PARTY SITES
The Michigan Manufacturers Association Web Site may contain links to other Web Sites ("Linked Sites").The Linked Sites are not under the control of Michigan Manufacturers Association and Michigan Manufacturers Associationis not responsible for the contents of any Linked Site, including without limitationany link contained in a Linked Site, or any changes or updates to a Linked Site.Michigan Manufacturers Association is not responsible for webcasting or any other form of transmissionreceived from any Linked Site. Michigan Manufacturers Association is providing these links to youonly as a convenience, and the inclusion of any link does not imply endorsementby Michigan Manufacturers Association of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Michigan Manufacturers Association Web Site, you warrant to Michigan Manufacturers Associationthat you will not use the Michigan Manufacturers Association Web Site for any purpose that is unlawfulor prohibited by these terms, conditions, and notices. You may not use the Michigan Manufacturers AssociationWeb Site in any manner which could damage, disable, overburden, or impair the Michigan Manufacturers AssociationWeb Site or interfere with any other party's use and enjoyment of the Michigan Manufacturers AssociationWeb Site. You may not obtain or attempt to obtain any materials or information throughany means not intentionally made available or provided for through the Michigan Manufacturers AssociationWeb Sites.
USE OF COMMUNICATION SERVICES
The Michigan Manufacturers Association Web Site may contain bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, and/or other messageor communication facilities designed to enable you to communicate with the publicat large or with a group (collectively, "Communication Services"), you agree touse the Communication Services only to post, send and receive messages and materialthat are proper and related to the particular Communication Service. By way of example,and not as a limitation, you agree that when using a Communication Service, youwill not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (suchas rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual propertylaws (or by rights of privacy of publicity) unless you own or control the rightsthereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar softwareor programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietarydesignations or labels of the origin or source of software or other material containedin a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Michigan Manufacturers Association has no obligation to monitor the Communication Services. However,Michigan Manufacturers Association reserves the right to review materials posted to a CommunicationService and to remove any materials in its sole discretion. Michigan Manufacturers Associationreserves the right to terminate your access to any or all of the Communication Servicesat any time without notice for any reason whatsoever.
Michigan Manufacturers Association reserves the right at all times to disclose any informationas necessary to satisfy any applicable law, regulation, legal process or governmentalrequest, or to edit, refuse to post or to remove any information or materials, inwhole or in part, in Michigan Manufacturers Association's sole discretion.
Always use caution when giving out any personally identifying information aboutyourself or your children in any Communication Service. Michigan Manufacturers Association doesnot control or endorse the content, messages or information found in any CommunicationService and, therefore, Michigan Manufacturers Association specifically disclaims any liabilitywith regard to the Communication Services and any actions resulting from your participationin any Communication Service. Managers and hosts are not authorized Michigan Manufacturers Associationspokespersons, and their views do not necessarily reflect those of Michigan Manufacturers Association.
Materials uploaded to a Communication Service may be subject to posted limitationson usage, reproduction and/or dissemination. You are responsible for adhering tosuch limitations if you download the materials.
MATERIALS PROVIDED TO Michigan Manufacturers Association OR POSTED AT ANY Michigan Manufacturers Association WEB SITE
Michigan Manufacturers Association does not claim ownership of the materials you provide to Michigan Manufacturers Association(including feedback and suggestions) or post, upload, input or submit to any Michigan Manufacturers AssociationWeb Site or its associated services (collectively "Submissions"). However, by posting,uploading, inputting, providing or submitting your Submission you are granting Michigan Manufacturers Association,its affiliated companies and necessary sublicensees permission to use your Submissionin connection with the operation of their Internet businesses including, withoutlimitation, the rights to: copy, distribute, transmit, publicly display, publiclyperform, reproduce, edit, translate and reformat your Submission; and to publishyour name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as providedherein. Michigan Manufacturers Association is under no obligation to post or use any Submissionyou may provide and may remove any Submission at any time in Michigan Manufacturers Association'ssole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrantand represent that you own or otherwise control all of the rights to your Submissionas described in this section including, without limitation, all the rights necessaryfor you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGHTHE Michigan Manufacturers Association WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Michigan Manufacturers Association AND/ORITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Michigan Manufacturers Association WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Michigan Manufacturers Association WEB SITE SHOULD NOTBE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULDCONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Michigan Manufacturers Association AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Michigan Manufacturers Association WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCHINFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "ASIS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Michigan Manufacturers Association AND/OR ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Michigan Manufacturers AssociationAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGESFOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THEUSE OR PERFORMANCE OF THE Michigan Manufacturers Association WEB SITE, WITH THE DELAY OR INABILITYTO USE THE Michigan Manufacturers Association WEB SITE OR RELATED SERVICES, THE PROVISION OF ORFAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICESAND RELATED GRAPHICS OBTAINED THROUGH THE Michigan Manufacturers Association WEB SITE, OR OTHERWISEARISING OUT OF THE USE OF THE Michigan Manufacturers Association WEB SITE, WHETHER BASED ON CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Michigan Manufacturers Association ORANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOMESTATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIEDWITH ANY PORTION OF THE Michigan Manufacturers Association WEB SITE, OR WITH ANY OF THESE TERMSOF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Michigan Manufacturers AssociationWEB SITE.
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TERMINATION/ACCESS RESTRICTION
Michigan Manufacturers Association reserves the right, in its sole discretion, to terminate youraccess to the Michigan Manufacturers Association Web Site and the related services or any portionthereof at any time, without notice. GENERAL To the maximum extent permitted bylaw, this agreement is governed by the laws of the State of Washington, U.S.A. andyou hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County,California, U.S.A. in all disputes arising out of or relating to the use of theMichigan Manufacturers Association Web Site. Use of the Michigan Manufacturers Association Web Site is unauthorizedin any jurisdiction that does not give effect to all provisions of these terms andconditions, including without limitation this paragraph. You agree that no jointventure, partnership, employment, or agency relationship exists between you andMichigan Manufacturers Association as a result of this agreement or use of the Michigan Manufacturers AssociationWeb Site. Michigan Manufacturers Association's performance of this agreement is subject to existinglaws and legal process, and nothing contained in this agreement is in derogationof Michigan Manufacturers Association's right to comply with governmental, court and law enforcementrequests or requirements relating to your use of the Michigan Manufacturers Association Web Siteor information provided to or gathered by Michigan Manufacturers Association with respect to suchuse. If any part of this agreement is determined to be invalid or unenforceablepursuant to applicable law including, but not limited to, the warranty disclaimersand liability limitations set forth above, then the invalid or unenforceable provisionwill be deemed superseded by a valid, enforceable provision that most closely matchesthe intent of the original provision and the remainder of the agreement shall continuein effect. Unless otherwise specified herein, this agreement constitutes the entireagreement between the user and Michigan Manufacturers Association with respect to the Michigan Manufacturers AssociationWeb Site and it supersedes all prior or contemporaneous communications and proposals,whether electronic, oral or written, between the user and Michigan Manufacturers Association withrespect to the Michigan Manufacturers Association Web Site. A printed version of this agreementand of any notice given in electronic form shall be admissible in judicial or administrativeproceedings based upon or relating to this agreement to the same extent an d subjectto the same conditions as other business documents and records originally generatedand maintained in printed form. It is the express wish to the parties that thisagreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Michigan Manufacturers Association Web Site are: Copyright MMA and/orits suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarksof their respective owners.
The example companies, organizations, products, people and events depicted hereinare fictitious. No association with any real company, organization, product, person,or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimedcopyright infringement under United States copyright law should be sent to ServiceProvider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDUREWILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of CopyrightInfringement.