Legal Information
LEGAL INFORMATION
The Michigan Economic Development Corporation (MEDC) maintains this Web site to give public access to MEDC information. This service is continually under development. While we try to keep the information timely and accurate, your reliance on the information is at your sole risk. The MEDC reserves the right, in its sole discretion and without any obligation, to make improvements to; revise, delete or amend; or correct any error or omissions related to the information contained on this Web site.
DISCLAIMER OF LIABILITY
Neither the MEDC, members of its Executive Committee, members of its corporate Board of Directors, nor any of its employees shall be held liable for any improper or incorrect use of the information described or contained within the Web site and assumes no responsibility for anyone's use of the information. In no event shall the MEDC, members of its Executive Committee, members of its corporate Board of Directors, or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the information contained on this Web site. The user agrees to hold the MEDC harmless from and against any damage, loss, or liability arising from any use of the information contained on this Web site.
DISCLAIMER OF WARRANTIES
All information contained on this Web site is provided “as is.” All warranties of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination from computer viruses, freedom from uninterrupted and error free service, and non-infringement of proprietary rights are disclaimed.
DISCLAIMER FOR EXTERNAL LINKS
Certain links on the Web site lead to resources located on servers or Web sites maintained by third parties over whom we have no control. Accordingly, we accept no responsibility or liability for any of the material contained on those servers or the accuracy or legality of information contained on other Web sites.
Links to other Web sites do not constitute an endorsement from the MEDC. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other Web sites.
The MEDC will decide whether to grant requests for MEDC Web site links.
INFORMATION AND MATERIALS PROVIDED TO THE MEDC
The MEDC does not claim ownership of the information or materials you provide, post, upload, input or submit to the Web site (“Submissions”), unless otherwise provided under a written agreement with the MEDC or other terms and conditions included on this Web site. In any event, by providing, posting, uploading, inputting, or submitting your Submissions, you are granting the MEDC permission to use your Submissions in connection with its operations including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions.
No compensation will be paid for the use of your Submissions, as provided herein. The MEDC is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described herein including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
As a public body, the MEDC is subject to the requirements under the Freedom of Information Act; therefore, it is required to maintain many documents as public records. These records are generally open to the public for inspection. You should assume that your Submissions are non-confidential and are open to public inspection.
ACCURACY OF DATA
The information contained on this Web site may contain technical inaccuracies or typographical errors. Changes may be made to the information contained on this Web site. If you have obtained information from the MEDC from a source other than the MEDC, be aware that electronic data can be altered subsequent to original distribution.
NO PROFESSIONAL ADVICE
Information received via the MEDC Web site and servers should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
COPYRIGHTS
No copyrighted material may be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used except as expressly stated either in such materials or in this notice without the express written permission of the MEDC.
MEDC materials may be copied and distributed for personal, noncommercial, informational purposes only. Copied materials must remain intact and include the following notice in a clearly visible position: “Copyright © 2007 Michigan Economic Development Corporation.” This permission to copy and distribute materials does not extend to materials owned by other content providers that appear on the MEDC Web site.
Reproduction, copying, or redistribution for commercial purposes of any materials on the MEDC Web site is strictly prohibited without the express written permission of the MEDC. If you wish to request permission to use materials in a manner otherwise prohibited by the terms of this section, please contact the appropriate MEDC staff person as indicated below:
For Pure Michigan logo requests:
Daiva Devereaux
Executive Secretary
Travel Michigan
Michigan Economic Development Corporation
300 North Washington Square
Lansing, Michigan 48913
Phone: 517.335.1879
Email: devereauxd@michigan.org
For all other logo requests, contact:
Melanie Williams
Graphic Arts Director
Marketing & Communications
Michigan Economic Development Corporation
300 North Washington Square
Lansing, Michigan 48913
Phone: 517.373.9707
Email: williamsm33@michigan.org
TRADEMARK INFORMATION
The MEDC owns certain registered service marks and displays these service marks on its Web sites. Use of any of the service marks is prohibited, unless permitted by a written agreement with the MEDC.
OTHER
In the event of a conflict between this legal information and specific terms and conditions contained within a separate document, the specific terms and conditions shall control.
PRIVACY POLICY
1. Introduction
The Michigan Economic Development Corporation (“MEDC”) has created this Privacy Policy to demonstrate its commitment to user privacy and online data security, and to communicate its online information gathering, use and dissemination practices for users of the MEDC Web sites (the “MEDC Web sites”). Please take the time to read and understand our Privacy Policy so that you can understand how we treat your personal information.
MEDC reserves the right to change the terms and conditions of this Privacy Policy at any time in its sole discretion. MEDC will post any changes to the Privacy Policy. You are responsible for regularly reviewing this Privacy Policy and all such changes. Continued use of the MEDC Web sites after any such changes have been posted shall constitute your agreement to such changes. This Privacy Policy is incorporated into and subject to the terms of MEDC's “Legal Information” for the Web sites, which can be found at www.michigan.org, www.TheMEDC.org and www.MichiganAdvantage.org.
2. Information Collected
a. Information Automatically Collected
If you do nothing during your visit but browse through the MEDC Web sites, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. This information may include, but is not limited to, your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by the MEDC for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MEDC Web sites. To enhance your experience on the MEDC Web sites, the MEDC uses a standard feature found in browser software called a “cookie.” Cookies are small files that your Web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the MEDC Web sites, cookies help the MEDC track user trends and patterns. Cookies also prevent you from having to re-enter your preferences on certain areas of the MEDC Web sites when you have entered preference information before. You have the ability to accept or decline cookies.
b. Information You Provide to Us
If you choose to provide us with personal information either while on the MEDC Web sites, or in responding via email or completing a survey in connection with a feature provided on the MEDC Web sites, we use that information to respond to your message and to help us provide you with information that you request. MEDC does not capture any such personal information without your knowledge or consent. This information may include demographics, first name and email address. Under no circumstances will the MEDC request your social security number or bank account information when visiting the MEDC Web sites.
Under certain circumstances (e.g. event registrations), you may be asked to provide your credit/debit card number. All transactions involving your credit/debit card number are conducted using a (SSL) Secure Socket Layer connection. This connection provides increased security to the information as it is transmitted to our Web sites. We will only use your credit/debit card number for the processing of our payment.
With your permission, we may share your personal information for marketing and advertising purposes, including other Travel Michigan state tourism industry partners. In no event will we release your credit/debit card number. If you register for an event, the information you provide in your registration will be shared with the coordinator for that event.
Except as otherwise provided in this Privacy Policy, any information you submit will not be shared with, disclosed or distributed to third parties, except that MEDC may disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena, in response to a Michigan Freedom of Information Act request, when requested by a law enforcement agency and/or when MEDC has reason to believe that someone is causing injury to or interference with the rights or property of another.
3. MEDC's Protection and Use of Your Personal Information
Except as otherwise provided in this Privacy Policy, if you choose to provide MEDC with personal information, MEDC will only use that personal information within its organization to respond to your specific request or email, and to inform you of various programs, activities or services. MEDC will store this personal information in its secure database, and will take appropriate measures to safeguard personal information against unauthorized disclosure or use.
4. Opt-Out Policy
You have the option to opt out of being contacted by or receiving information from MEDC, its sponsors, affiliates and/or partners, and to choose how MEDC uses your personal information. You may also review, update and correct your personal information. You may exercise these options by sending an email with your request to webmaster@michigan.org.
5. Exceptions to Protection of Personal Information
MEDC's obligations under this Privacy Policy do not apply to any information or data that: (a) is not identifiable as yours; (b) is or becomes entirely in the public domain; (c) was known to the MEDC prior to its access to the information or data; (d) received lawfully from a third party through no breach of any obligation of confidentiality owed to you; and/or (e) created by MEDC independently of its access to, or use of, your personal information.
6. Security
MEDC has put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online.
7. Links to Other Sites
The MEDC Web sites have links to other Web sites. Once you link to another Web site, you are subject to the privacy policy of the new Web site.
8. Additional Information
Questions regarding this Privacy Policy or the practices of the MEDC Web sites should be directed to MEDC by emailing such questions to webmaster@michigan.org.
TRAVEL MICHIGAN USER CONTENT PROGRAM TERMS AND CONDITIONS
Section 1. Acceptance of Terms.
Use of the Web site located at www.michigan.org (the "Travel Web site") and participation in the Travel Michigan User Content Program (the "Program") is subject to the following Terms and Conditions ("T&Cs"). Please read these T&Cs carefully before registering with or otherwise participating in the Program. Your participation in the Program is expressly conditioned on your acceptance of these T&Cs. If you do not agree with any part of these T&Cs, you must not participate in the Program.
Section 2. The Travel Web site.
The Travel Web site is owned and operated by the Michigan Economic Development Corporation ("MEDC"). The content found on the Travel Web site is owned by partners, other third party providers, and the MEDC. In addition, the trademarks, logos and service marks ("Trademarks") displayed on the Travel Web site are registered and common law Trademarks of the MEDC, its affiliates and various third parties and are the property of their respective owners. Nothing contained on the Travel Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks without the written permission of the MEDC, or such other party that may own the Trademarks.
Section 3. Access and Registration.
In order to use the Travel Web site, you need the equipment necessary to connect to the World Wide Web (the "WWW") and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (an "ISP") or other online service). In order to submit travel journals or other User Content (as defined in Section 5) to obtain other benefits and services from the Travel Web site, you must first complete the Acknowledgement on the Program guidelines contained on the Travel Web site (the "Guidelines"). You agree you will: (a) provide accurate and complete information on the Acknowledgement and other locations where information is requested related to participation in the Program and (b) maintain and update such information so it remains accurate and complete.
Section 4. Privacy.
Your privacy is important to the MEDC. All information gathered from you in connection with your participation in the Program will be governed by the provisions of the Privacy Policy provided above. By using the Travel Web site you acknowledge that you have read the Privacy Policy and agree that its terms are reasonable. You consent to the use of your personal information in accordance with and for the purposes set forth in the Privacy Policy.
Section 5. Submission of Travel Journals and Other Content.
The MEDC aims to build a premier community of user-submitted travel information. You, the user, are the best resource for real-life travel experiences. You understand that all journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data photographs, software, messages or other materials, including User Content appearing on the Travel Web site (collectively, "Web site Content") or submitted to the Travel Web site ("User Content") is the responsibility of the person or entity originating such Web site Content, and the MEDC disclaims any liability with respect to such Web site Content (see Section 13 Disclaimer, below). By providing User Content to the MEDC, you warrant that (a) you are the owner of such User Content or have been granted all the rights necessary from the owner to submit such User Content to the Travel Web site for use by the MEDC, and (b) the use of such User Content by the MEDC will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting User Content: (a) you automatically grant to the MEDC (or warrant that the owner of the User Content has granted to the MEDC) a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell such User Content to or on any other travel-related Web site or on-line service without your prior written consent. Further, you agree that you will not to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell the Web site Content to or on any other travel-related Web site or on-line service without the MEDC’s prior written consent or as expressly permitted in the T&Cs. Consent may be requested by sending an email to webmaster@michigan.org. You understand that the MEDC will have the right, but not the obligation, to screen, edit, refuse to post or remove any User Content, in whole or in part, from any portion of the Travel Web site, in its sole discretion, including, but not limited to, User Content that violates these T&Cs, the Guidelines, or is otherwise objectionable. The MEDC reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your participation in the Program.
Section 6. User Conduct.
You agree that you will not use the Travel Web site to:
- submit, post, upload or otherwise transmit User Content that is unlawful, defamatory, libelous, abusive, tortuous, harassing, threatening, vulgar, obscene, pornographic, or otherwise indecent or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- submit, post, upload, or otherwise transmit User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights;
- submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
- submit, post, upload or otherwise transmit User Content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of the MEDC;
- falsely represent the quality of any Web site Content;
- advertise or offer to sell any goods or services for any commercial purpose;
- conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters;
- impersonate or otherwise misrepresent your affiliation with any other person or entity;
- falsify or delete any attributions, legends or other proprietary designations of the origin or source of Web site Content or User Content;
- harm minors;
- stalk or harass another individual;
- collect or store personal data about other persons or entities that have provided User Content; or
- violate any applicable local, state, federal, or international law or regulation.
You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any pages, data or content from the Travel Web site.
THE MEDC RESERVES THE RIGHT TO REMOVE ANY WEB SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, USER CONTENT, FOR ANY OF THE ABOVE OFFENSES OR FOR ANY OTHER REASON IN THE MEDC'S SOLE DISCRETION.
Section 7. Restricted and Permitted Uses.
All Web site Content and User Content may be protected under United States and/or foreign intellectual property laws, including, but not limited to, copyrights, trademarks, service marks, patents or other intellectual property and proprietary rights and laws. Unauthorized use of the Web site Content or User Content may violate copyright, trademark and other laws. You must abide by all copyright notices, information or restrictions contained in or attached to any Web site Content or User Content on the Travel Web site.
The MEDC grants you a limited, non-transferable license to use the Travel Web site in accordance with these T&Cs and the Guidelines. You may only use the Travel Web site for legitimate purposes for which the Travel Web site is available and shall not use the Travel Web site for any other purposes. The Travel Web site, the Web site Content and the User Content, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the express written permission of the MEDC and/or its third party providers, except as provided in the T&Cs. You may make a single copy of the Web site Content or User Content on your hard drive or in print for your own personal, non-commercial use, provided that you do not alter the Web site Content. You must retain all copyright and other proprietary notices contained in the original Web site Content on any copy you make of the Web site Content. You also may email a single copy of Web site Content to your friends or other individuals, provided that the email includes a reference to these T&Cs and notify the recipient(s) of the email that their subsequent use of the Web site Content is subject to these T&Cs.
Except as permitted in these T&Cs, you may not modify, copy, reproduce, display, publish, publicly perform, create derivative works of, sell, transfer, transmit, compile, collect in a database, distribute or otherwise use the Web site Content in any way for any public or commercial purpose without the express, prior permission of the MEDC and/or the copyright holder identified in the applicable copyright notice. Requests for permission may be sent to webmaster@michigan.org.
If you violate the T&Cs or the Guidelines, your permission to use Web site Content automatically terminates and you must immediately destroy any copies you have made of Web site Content.
Section 8. Trademarks.
The trademarks and service marks appearing on the Travel Web site are service marks of the MEDC, unless otherwise indicated, including, but not limited to "The MEDC," "MichiganAdvantage" and "michigan.org.” You agree not to display or use in any manner any marks of the MEDC without the MEDC's prior written consent. Requests for permission must be submitted in writing to webmaster@michigan.org. Third party trademarks, service marks, logos and trade names appearing on the Travel Web site are the property of their respective owners.
Section 9. Changes to Travel Web Site or T&Cs.
The MEDC may alter, suspend or discontinue any part or service of the Travel Web site at any time, with or without notice. The Travel Web site is currently available to you free of charge. The MEDC, however, reserves the right to charge you in the future for using one or more parts or services of the Travel Web site. The MEDC will notify you of any fees associated with any part or service of the Travel Web site and will require your subscription to that part or service of the Travel Web site prior to charging any such fees.
In addition, the MEDC reserves the right to modify these T&Cs or the Guidelines at any time, without notice to you. Changes to these T&Cs will become effective when the MEDC posts them on the Travel Web site or directly emails to you a notification of the changes. You agree to review these T&Cs periodically to become aware of any changes and your continued use of the Travel Web site will signify your assent to any modifications to these T&Cs. You further agree that these standards for notifying you of changes to these T&Cs are reasonable.
Section 10. Termination by the MEDC; Failure to Comply with T&Cs.
The MEDC may terminate these T&Cs and/or the provision of the Program at any time for any reason. Additionally, the MEDC may suspend or deny your access to, or use of, Web site Content or submission of User Content to the Travel Web site, without prior notice and in its sole discretion, if the MEDC reasonably believes that:
- your conduct violated any provision of these T&Cs or the Guidelines contained on the Travel Web site;
- your conduct violated the MEDC's or any third-parties' rights; or
- it is inappropriate for you to enjoy continued access to or use of the Travel Web site.
Such termination shall not affect any right to relief to which the MEDC, its affiliates or its third party providers and distributors may be entitled at law or in equity.
Upon termination of the T&Cs, all rights granted to you will terminate and revert to the MEDC, its affiliates and its third party providers or distributors, as applicable.
Section 11. Termination by You.
You may discontinue your participation in and access to the Travel Web site at any time. These T&Cs will continue to apply to all past use of the Travel Web site by you, even if you are no longer using it.
Section 12. Advertisements and Links.
The Travel Web site, as well as third party ad servers, may provide advertisements and links to other Web sites operated by third parties. These advertisements and links are provided solely as a convenience to you and not as an endorsement by the MEDC of their content, and the inclusion of such advertisements and links on the Travel Web site do not imply the MEDC's endorsement of the material in such advertisements or on such other Web sites. The MEDC has no control over such advertisements or Web sites. The MEDC is neither responsible for the content of those external sites nor your dealings in connection with them. You agree that the MEDC does not endorse those advertisements or Web sites, is not responsible for their availability or their accuracy or for their content, advertising, products, services or other resources. You further agree that the MEDC will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or Web sites.
Section 13. Disclaimers.
THE TRAVEL WEB SITE CONTAINS OPINIONS, RECOMMENDATIONS, STATEMENTS AND INFORMATION PROVIDED BY THIRD PARTIES. THE MEDC DOES NOT REPRESENT, ENDORSE OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY WEB SITE CONTENT POSTED BY THIRD PARTIES, OR ENDORSE ANY OPINIONS OR RECOMMENDATIONS EXPRESSED BY THIRD PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEB SITE AT YOUR OWN DISCRETION AND ANY RELIANCE ON USER CONTENT OR WEB SITE CONTENT WILL BE AT YOUR OWN RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. CHANGES ARE PERIODICALLY MADE TO THE TRAVEL WEB SITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU.
THE TRAVEL WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MEDC AND THE SUPPLIERS PROVIDING SOFTWARE OR SERVICES SUPPORT DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE TRAVEL WEB SITE, WEB SITE CONTENT AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO THE WEB SITE CONTENT, USER CONTENT, PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE TRAVEL WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE TRAVEL WEB SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE TRAVEL WEB SITE. ALTHOUGH THE WEB SITE CONTENT MAY BE UPDATED FROM TIME TO TIME, TRAVEL INFORMATION MAY CHANGE RAPIDLY; THEREFORE, SOME OF THE INFORMATION ON THE TRAVEL WEB SITE MAY BE OUT OF DATE OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MEDC DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS, ACCURACY OR RELIABILITY OF WEB SITE CONTENT MADE AVAILABLE TO YOU FOR ANY PURPOSE.
ALTHOUGH THE MEDC INTENDS TO TAKE REASONABLE MEASURES TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO THE TRAVEL WEB SITE, THE MEDC DOES NOT WARRANT THAT THE TRAVEL WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR OR DESTRUCTIVE MATERIALS. THE MEDC WILL NOT BE LIABLE FOR ANY LOSS SUFFERED IN THE EVENT OF A FAILURE OR INTERRUPTION OF THE TRAVEL WEB SITE OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE TRAVEL WEB SITE AVAILABLE TO YOU, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE MEDC OR OF ANY SUPPLIER PROVIDING SOFTWARE OR SERVICES SUPPORT.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE MEDC, ITS DIRECTORS, OFFICERS, EMPLOYEES, EXECUTIVE COMMITTEE MEMBERS, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
Section 14. Waiver, Release and Limitation of Liability.
YOU AGREE THAT NEITHER THE MEDC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, EXECUTIVE COMMITTEE MEMBERS, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE TRAVEL WEB SITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THE TRAVEL WEB SITE, (B) YOUR RELIANCE ON WEB SITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE TRAVEL WEB SITE, EVEN IF THE MEDC OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE MEDC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE TRAVEL WEB SITE.
Section 15. Indemnification.
You agree to indemnify, defend and hold harmless the MEDC its officers, directors, executive committee members, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with these T&Cs or the Guidelines, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other rights of a third party, User Content provided by you or from your violation of any applicable law.
Section 16. Applicable Law; Attorneys’ Fees and Injunctive Relief.
These T&Cs shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without giving effect to any conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the Ingham County Circuit Court located in Ingham County, Michigan, United States of America in all questions and controversies arising out of your use of the Travel Web site. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Travel Web site must be brought within two (2) years from the date on which such claim or action arose or accrued. If the MEDC or its affiliates take any action to enforce these T&Cs, such parties will be entitled to recover from you and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. You acknowledge that a violation or attempted violation of any of these T&Cs will cause such damage to the MEDC as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the MEDC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these T&Cs by you, or you affiliates, partners or agents, as well as recover from you any and all costs and expenses sustained or incurred by the MEDC in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
Section 17. Entire Agreement; Amendments and Waivers.
These T&Cs contain the entire agreement between you and the MEDC with respect to its subject matter and supersede all prior oral or written understandings and agreements relating thereto. These T&Cs cannot be amended, supplemented or changed except as provided in Section 9, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to such waiver and these T&Cs signed by the MEDC. No failure or delay by the MEDC in exercising any rights, power, or remedy under these T&Cs shall operate as a waiver of any such right, power, or remedy.
Section 18. Severability.
If any portion of these T&Cs shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and these T&Cs shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these T&Cs. The remaining provisions of these T&Cs shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from.
Section 19. Assignment.
The MEDC may assign its rights under these T&Cs to any party without your consent. These T&Cs shall inure to the benefit of the MEDC, its successors and assigns. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Section 20. Other Provisions.
In the event of a conflict between the Legal Information listed above and these T&Cs, the T&Cs shall control.
MEDC IMAGE GALLERY TERMS OF USE
This Terms of Use shall apply to the use of any images contained within the Michigan Economic Development Corporation’s (“MEDC”) Image Gallery, located at www.michigan.org/travel/imagelibrary/index.asp.
As a condition of using the images, you acknowledge and agree to the following terms and conditions:
- The MEDC owns or has the right to use the images contained in the Image Gallery, including the right to make these images available to the public;
- All images remain the property of the MEDC at all times.
- All uses of the images must include a photo credit, using the language provided by the MEDC Photo Librarian.
- A copy of any publication using images contained on the Image Gallery must be provided to: MEDC Photo Librarian, 300 N. Washington Square, Lansing, MI 48913-0001.
- Pornographic, defamatory, libelous or otherwise unlawful use of an image is prohibited.
- Your right to use the images is not assignable and the images are non-transferable.
- If images are used in the design of a Web site, your request for the use of the images must include the address of the Web site where the images will appear and a link to www.michigan.org must be prominently displayed on that Web site along with the image.
- An image may not be incorporated in a product for the purpose of redistributing the image or for commercial gain.
- It is unlawful to sell, rent or lease the image(s).
- If the requested image is a trademarked image of the MEDC, you must execute a License Agreement with the MEDC. The License Agreement will be provided by the MEDC Photo Librarian.
- The MEDC Photo Librarian must approve the proposed use of the images before the images may be used. Any use of the images that is in addition to the use initially approved by the MEDC Photo Librarian is prohibited without the additional approval of the MEDC Photo Librarian.
- You will neither (1) challenge the validity of the MEDC’s ownership or right to use the images in any jurisdiction nor (2) contest the fact that your rights to use the images are limited by this Terms of Use.
- You will hold harmless the MEDC from any liability that results in any way from your use of the images.
- Any use of the images contained in the Image Gallery without the consent of the MEDC Photo Librarian or that otherwise fails to comply with these Terms of Use is strictly prohibited. You acknowledge that any use of the images in violation of this Terms of Use shall result in irreparable harm to the MEDC and you shall not allege or assert that the MEDC has an adequate remedy at law. In addition to the other remedies available at law or equity, the MEDC reserves the right to seek an injunction against the unauthorized use of the images.
- The laws of the State of Michigan shall govern this Terms of Use, without regard to its principles of the conflicts of laws. In the event of a dispute arising under this Terms of Use, the Parties agree that any legal actions concerning this Terms of Use or the images shall be brought in Ingham County Circuit Court in Ingham County, Michigan or the United States District Court for the Western District of Michigan.
- In the event of a conflict between the Legal Information referenced above and these Terms of Use, the Terms of Use shall control.
