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Terms of Use

Listed below are the terms and conditions of use for this web site (the "Site"). By using, accessing and/or viewing information on the Site, you (the "Participant") agree to be bound by these terms and conditions of use. If you violate these terms and conditions, we will have the right to terminate your use of the Site and/or take appropriate legal actions against you. We reserve the right to change these terms and conditions at any time by posting on the Site. Participant understands and agrees that its use of this web site is a benefit voluntarily given by KDA and that KDA may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the terms and conditions of use you cannot use this Site or the services and information offered herein. If you have questions or concerns regarding the use of this Site, please contact us at 303 Detroit Street Box 205, Ann Arbor, MI 48104, or by using our contact form.

1. PERMITTED USE. You may use the search engine services of the Site for your personal, non-commercial purposes. You may access, view and make copies of information in the Site for your personal, non-commercial use. You may not publish or otherwise distribute any information in the Site for any purpose. You may not use the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent.

2. OWNERSHIP/TRADEMARKS. The Site is the property of Kerrytown District Association ("KDA"). You do not acquire or have any ownership, license or other proprietary interest in the Site or the information contained therein. You agree that the Site and its contents are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by applicable law.

3. LINKS. The Site may include links and advertisements to other websites that may be of interest to you. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by KDA or by any of its third-party providers regarding the contents of those other websites. Neither KDA nor its third-party providers are responsible for or will have any liability with respect to the information contained in any websites that you may access as a result of such links including any objectionable or offensive content.

4. ADVERTISERS/VENDORS/SERVICE PROVIDERS. The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. KDA will not be responsible for the illegality of or any error in accuracy in any advertisers' or sponsors' materials. Participant understands and agrees that, in order to provide for the use of this Site, KDA contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor or service provider by reason of the use or information provided on this Site or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, the any error or omission in the services provided, not provided, withdrawn or terminated, or the use of this Site.

5. PRIVACY POLICY. The use of personal information is described in and governed by our Privacy Policy.

6. LIMITATION OF LIABILITY. You are provided with access to the Site without charge. KDA assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Site. Without limiting the generality of the preceding sentence, you agree that KDA will not be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. THE SERVICES OF THE SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. KDA DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. WE DISCLAIM ANY WARRANTIES REGARDING ANY INFORMATION OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR LINKS PROVIDED THROUGH THE SITE. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

7. VIRUSES. We have designed and will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any information from the Site. We do not warrant that the Site, its servers or any information downloaded from the Site is free from viruses or other harmful components.

8. UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each user of this Site, whether authorized or unauthorized, agrees that it will not, and will not permit any of its employees, agents, and any other third party to do any of the following:

  • Upload, post, email, transmit or otherwise make available any data or content on the Site as to which you do not possess the patent, trademark, copyright, trade secret, license or other rights to do so;

  • Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its content or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its content;

  • Upload, post, email, transmit, link to or otherwise make available any content on the Site that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • Attempt to use this Site or its content to harm minors in any way;

  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or legal entity;

  • Manipulate, alter, forge, or otherwise modify identifiers in a manner which may hide or disguise the origin of any content which you post, upload or otherwise provide to the Site;

  • Upload, post, email, transmit, link to or otherwise make available any content on the Site that infringes any intellectual property rights or other proprietary rights of any person or legal entity;

  • Upload, post, email, transmit, link to or otherwise make available any content on the Site that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, data, hardware, telecommunications equipment, or communications ability;

  • Provide any unauthorized third party with access to this Site or to its content, whether by sharing your Log-In ID or passwords, or by other means;

  • Attempt to gain access to confidential information to which you are not entitled;

  • Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;

  • Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
9. INDEMNIFICATION. You agree to indemnify and to hold KDA, its subsidiaries, affiliates, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorney fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.

10. MODIFICATIONS/TERMINATION. Without limiting its other remedies, KDA may immediately discontinue, suspend, terminate or block your and any user's access to this Site at any time in its sole discretion. KDA may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to this Site. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. KDA does not assume any obligation to notify you of changes to these terms and conditions.

11. GOVERNING LAW/JURISDICTION. These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Michigan. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan.

12. ENTIRE AGREEMENT. These terms and conditions of use for this web site constitute the entire agreement between you and KDA regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of KDA.



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