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 firstname.lastname@example.org.
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.
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.