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1. ACCEPTANCE OF TERMS AND CONDITIONS.
Your use of the "www.michigandesign.com" website (the "Website")
is subject to these Terms and Conditions. By using this Website, you agree
to be bound by these Terms and Conditions. Please bear in mind that Michigan
Design Center reserves the right to revise these Terms and Conditions
at any time, and by using this Website, you agree to be bound by any such
revisions when they become effective. Please review this page regularly.
2. TRADEMARKS. Michigan Design Center is the owner of
a number of trademarks, service marks, certification marks and trade names.
You may use the marks contained on the Website for the sole purpose of
identifying the services you wish to purchase or use. All other uses of
the marks are strictly prohibited without the prior written approval of
Michigan Design Center. All other trademarks, service marks and trade
names used on the Website are the property of their respective owners.
3. COPYRIGHT. Michigan Design Center is the owner of
all copyrights in and to all other content on the Website, including without
limitation, all text, data, graphics, graphs, charts, photographs, videos,
typefaces, music, sounds, HTML code, and interfaces as well as site design,
selection and arrangement. All rights reserved.
4. PERMITTED USE OF CONTENT. You are granted permission
to view or download a single copy of the material on the Website solely
for your personal, noncommercial use. All other uses of the content are
strictly prohibited without the prior written approval of Michigan Design
Center. You agree not to sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publish, adapt, edit or create
derivative works from the materials or content of this site. Permission
to use the copyrightable material used on the Website will be granted
on a case-by-case basis. Please direct your inquiries to info@michigandesign.com.
5. CHILDREN'S PRIVACY. We are committed to protecting
the privacy of children. You should be aware that this Website is not
intended or designed to attract children under the age of 13. In addition,
we do not collect personally identifiable information from any person
that we actually know is a child under the age of 13. We believe that
minors should obtain the consent of their parents before posting personal
information on our website. If you are a parent and are concerned that
your child may be posting information on our website, we encourage you
to use web-filtering technology in order to monitor your child's access
to our site.
6. ACCURACY OF INFORMATION. Upon visiting the Website,
Michigan Design Center may request personal information from you. When
providing your personal information, you agree to provide complete, current,
and accurate information. Michigan Design Center reserves the right to
suspend or terminate your use of the Website if you provide, or if Michigan
Design Center has reasonable grounds to believe that you have provided
any personally identifiable information that is inaccurate, incorrect
or incomplete. Michigan Design Center will use and protect your personally
identifiable information according to our Privacy
Policy.
7. PRIVACY. At our Website, we make every effort to
ensure that all transactions are safe. For more information on how we
protect the security and quality of your personal information, please
see our Privacy Policy. Moreover, if you discover any fraudulent activity
on your credit card, please contact your credit card company immediately.
8. EXTERNAL SITES. The Website may include links to
other sites on the Internet that are owned or operated by third parties
(the "External Sites"). Michigan Design Center does not have
any control over or responsibility for the content, terms of use, practices
or policies of the External Sites. You should contact the site administrators
and/or webmasters for the External Sites if you have any questions or
concerns about these sites. In addition, Michigan Design Center is not
responsible for sites framed within the Website, or third-party advertisements
contained on the Website, and does not make any representations regarding
their content or accuracy. Michigan Design Center does not endorse any
product advertised on the Website.
9. USER SUBMISSIONS. You agree that you will not upload
or transmit any communications or content of any type that infringes upon
or violates the rights of any party. In addition, you agree that your
submission is non-confidential for all purposes. By submitting communications
or content to any part of this Website, you automatically grant (or warrant
that the owner of such content has expressly granted) to Michigan Design
Center a royalty-free, perpetual, irrevocable, worldwide, non-exclusive
license to use, reproduce, create derivative works from, modify, publish,
edit, translate, distribute, perform, and display the communication or
content in any media or medium, or in any form, format, or forum now known
or hereafter developed.
10. WEBSITE SECURITY RULES. Users are prohibited from
violating or attempting to violate the security of Michigan Design Center,
including, without limitation: (a) by accessing data not intended for
such user or logging into a server or account which such user is not authorized
to access; (b) by attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; and (c) by attempting to interfere with
service to any user, host or network, including, without limitation, via
means of overloading, "flooding," "mailbombing" or
"crashing." Violations of system or network security may result
in civil or criminal liability. Michigan Design Center will vigorously
pursue all potential violations of these security rules, and will cooperate
with law enforcement in prosecuting users who are found to have violated
these security rules.
11. SUSPENSION; TEMINATION. If it is determined that
you have violated any element of these Terms and Conditions, Michigan
Design Center may issue a written warning and temporarily suspend your
use of the Website pending receipt of written confirmation from you agreeing
to refrain from any further violations; provided, however, that Michigan
Design Center shall have the right to immediately terminate your use of
the Website without issuing any such warning if such action is deemed
necessary, in the sole discretion of Michigan Design Center. If it is
determined that you have committed a second violation of any element of
these Terms and Conditions, Michigan Design Center shall have the right,
in its sole discretion, to immediately suspend or terminate your use of
the Website without further notice. Upon termination of your use of the
Website, you agree to immediately destroy any copies made of any portion
of the content contained thereon.
12. DISCLAIMER. THE MATERIALS ON THIS WEBSITE ARE PROVIDED
TO YOU ON AN "AS IS" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, MICHIGAN DESIGN CENTER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED
VERBAL OR WRITTEN REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE
AND THE CONTENT (WHETHER OR NOT ALLEGED TO ARISE BY LAW, BY REASON OF
CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING). FOR EXAMPLE BUT
WITHOUT LIMITATION, MICHIGAN DESIGN CENTER DISCLAIMS ANY EXPRESS OR IMPLIED
REPRESENTATION OR WARRANTY THAT: (I) THE CONTENT IS ERROR-FREE AND/OR
FREE FROM ANY COMPUTER BUGS, VIRUSES OR DISENABLING CODES; AND/OR (II)
THE CONTENT WORKS WITH ANY HARDWARE OR SOFTWARE CONFIGURATION. ALSO FOR
EXAMPLE BUT WITHOUT LIMITATION, MICHIGAN DESIGN CENTER DISCLAIMS ANY EXPRESS
OR IMPLIED REPRESENTATION OR WARRANTY WITH RESPECT TO: (I) THE ACCURACY,
COMPLETENESS, OR CURRENCY OF THE CONTENT; (II) OWNERSHIP OF OR TITLE TO
THE CONTENT; (III) NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL RIGHTS
IN AND TO THE CONTENT OR THE MARKS; (IV) THE MERCHANTABILITY OF THE CONTENT
AND/OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE; AND (V) THE OPERABILTY
OF THE HYPERLINKS. IN NO EVENT WILL MICHIGAN DESIGN CENTER BE LIABLE FOR
ANY INTERNET OR TELECOMMUNICATIONS FAILURE, THIRD PARTY INTERFERENCE,
COMPUTER VIRUS OR ANY OTHER THIRD PARTY SOFTWARE OR HARDWARE THAT MAY
INTERRUPT OR DELAY ACCESS TO ANY INTERNET SITE OR CAUSE OTHER PROBLEMS
OR LOSSES, AND MICHIGAN DESIGN CENTER ASSUMES NO LIABILITY FOR OR RELATING
TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEBSITE.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, MICHIGAN DESIGN CENTER SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING UNDER TORT, CONTRACT OR ANY OTHER THEORY OF RECOVERY) ARISING
OUT OF YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR USE
OF, OR RELIANCE ON, ANY CONTENT OR ANY INFORMATION POSTED ON THIS WEBSITE.
THIS LIMITATION OF LIABILITY (IN WHOLE OR IN PART) MAY NOT APPLY TO YOU
IN JURISDICTIONS THAT DO NOT ALLOW FOR SUCH LIMITATIONS OF LIABILITY.
14. INDEMNITY. You agree to defend, indemnify, and hold
Michigan Design Center, its officers, directors, employees, agents, licensors,
and suppliers harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, all reasonable
legal and accounting fees, resulting from, or alleged to result from,
your violation of these Terms and Conditions.
15. FOREIGN JURISDICTIONS. Michigan Design Center makes
no representation that the content contained on the Website is appropriate
or may be downloaded outside of the United States. Access to the content
may not be legal in certain countries and by certain people in those countries.
If you access the Website from outside the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction.
16. CHOICE OF LAW; ARBITRATION. These Terms and Conditions
shall be governed by the laws of the State of Michigan, without regard
for such state's principles regarding conflicts of laws. You agree that
(i) all disputes arising hereunder will be submitted to binding arbitration
before the American Arbitration Association; (ii) the arbitrators will
have authority to award specific performance or injunctive relief and
reasonable attorneys' fees and expenses; (iii) the arbitrators may not
change, modify or alter any express condition, term or provision of these
Terms and Conditions, and to that extent the scope of their authority
is limited; and (iv) the arbitration award shall be final and binding
and judgment thereon may be entered in any court having jurisdiction thereof.
You further agree that any resort to litigation shall be restricted to
the federal or state courts located within Oakland County. If any provision
of these Terms and Conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any of these
Terms and Conditions shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
17. COMPLETE AGREEMENT. These Terms and Conditions constitute
and contain the entire agreement between the parties with respect to the
subject matter hereof and supersede any prior or contemporaneous agreements,
whether oral or in writing. Your use of the Website is also subject to
the Privacy Policy.
Thank you for your cooperation. We hope you find this Website helpful
and convenient to use. Questions or comments regarding this Website should
be directed to info@michigandesign.com.
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