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TOS Terms Of Service
TheBestDealsInMichigan.com Terms Of Service
The term "TheBestDealsInMichigan.com" as stated below, shall includewww.TheBestDealsInMichigan.com as well as all of the other city websitesthat are included under, owned by and ran by, theTheBestDealsInMichigan.com umbrella of websites. As examples:TheBestDealsInLapeer.com, TheBestDealsInDetroit.com, and all other"TheBestDealsIn" city websites.
1. ACCEPTANCE OF TERMS
TheBestDealsInMichigan.com provides our service to you, subject to thefollowing Terms of Service ("TOS"), which may be updated by us fromtime to time without notice to you.http://www.TheBestDealsInMichigan.com/tos.html
2. DESCRIPTION OF SERVICE
TheBestDealsInMichigan.com currently provides users with access to acollection of on-line resources, including business web page hostingservices (the "Service"). Unless explicitly stated otherwise, any newfeatures that augment or enhance the current Service, including therelease of new TheBestDealsInMichigan.com resources, shall be subject tothe TOS. In order to use the Service, you must obtain access to theWorld Wide Web, either directly or through devices that accessweb-based content, and pay any service fees associated with suchaccess. In addition, you must provide all equipment necessary to makesuch connection to the World Wide Web, including a computer and modemor other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to:
(a) provide true, accurate, and current information about yourself whensigning up for any of our Services. and
(b) maintain and promptly inform TheBestDealsInMichigan.com to keep yourdata true, accurate, current and complete. If you provide anyinformation that is untrue, inaccurate, not current or incomplete, orTheBestDealsInMichigan.com has reasonable grounds to suspect that suchinformation is untrue, inaccurate, not current or incomplete,TheBestDealsInMichigan.com has the right to suspend or terminate youraccount and refuse any and all current or future use of the Service (orany portion thereof).
4. TheBestDealsInMichigan.com PRIVACY POLICY
Pursuant to TheBestDealsInMichigan.com's privacy policy, we will notdisclose your information to third parties unless specificallyauthorized by you or in the good faith belief that such action isreasonably necessary to comply with the law, legal process, or toenforce the TOS. For more information, please see our full privacypolicy at http://www.TheBestDealsInMichigan.com/privacy.html
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,sound, photographs, graphics, video, messages or other materials("Content"), whether publicly posted or privately transmitted, are thesole responsibility of the person from which such Content originated.This means that you, and not TheBestDealsInMichigan.com, are entirelyresponsible for all Content that you upload, post or otherwise transmitvia the Service. TheBestDealsInMichigan.com does not control the Contentposted via the Service and, as such, does not guarantee the accuracy,integrity or quality of such Content.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful,harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,obscene, libelous, invasive of another's privacy, hateful, or racially,ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, aMichigan official, forum leaders, guides or hosts, or falsely state orotherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order todisguise the origin of any Content transmitted through the Service ordevelop restricted or password-only access pages, or hidden pages orimages (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not havea right to transmit under any law or under contractual or fiduciaryrelationships (such as inside information, proprietary and confidentialinformation learned or disclosed as part of employment relationships orunder nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes anypatent, trademark, trade secret, copyright or other proprietary rightsof any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorizedadvertising, promotional materials, "junk mail," "spam," "chainletters," "pyramid schemes,";
(h) upload, post or otherwise transmit any material that containssoftware viruses or any other computer code, files or programs designedto interrupt, destroy or limit the functionality of any computersoftware or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll"faster than other users of the Service are able to type, or otherwiseact in a manner that negatively affects other users' ability to engagein real time exchanges;
(j) interfere with or disrupt the Service or servers or networksconnected to the Service, or disobey any requirements, procedures,policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local,state, national or international law, including, but not limited to,regulations promulgated by the U.S. Securities and Exchange Commission,any rules of any national or other securities exchange, including,without limitation, the New York Stock Exchange, the American StockExchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegalactivities, promote physical harm or injury against any group orindividual, or promote any act of cruelty to animals. This may include,but is not limited to, providing instructions on how to assemble bombs,grenades and other weapons, and creating "Crush" sites;
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply withall local rules regarding online conduct and acceptable Content.Specifically, you agree to comply with all applicable laws regardingthe transmission of technical data exported from the United States orthe country in which you reside.
7. CONTENT SUBMITTED TO TheBestDealsInMichigan.com
TheBestDealsInMichigan.com does not claim ownership of the Content youplace on your Business Site (your "webpage"). By submitting Content toTheBestDealsInMichigan.com for inclusion on your Business Site (webpage),you grant TheBestDealsInMichigan.com the world-wide, royalty-free, andnon-exclusive license to reproduce, modify, adapt and publish theContent solely for the purpose of displaying, distributing andpromoting your Business Site (webpage). This license exists only for aslong as you continue to be a TheBestDealsInMichigan.com member and shallbe terminated at the time your membership is terminated.
You acknowledge that TheBestDealsInMichigan.com does not pre-screenContent, but that TheBestDealsInMichigan.com and its designees shall havethe right (but not the obligation) in their sole discretion to refuseor remove any Content that is available via the Service. Withoutlimiting the foregoing, TheBestDealsInMichigan.com and its designees shallhave the right to remove any Content that violates the TOS or isotherwise objectionable. You agree that you must evaluate, and bear allrisks associated with, the use of any Content, including any relianceon the accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold TheBestDealsInMichigan.com, and itssubsidiaries, affiliates, officers, agents, co-branders or otherpartners, and employees, harmless from any claim or demand, includingreasonable attorneys' fees, made by any third party due to or arisingout of your Content, your use of the Service, your connection to theService, your violation of the TOS, or your violation of any rights ofanother.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploitany portion of the Service, use of the Service, or access to theService.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TheBestDealsInMichigan.com may establish generalpractices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
TheBestDealsInMichigan.com reserves the right at any time and from time totime to modify or discontinue, temporarily or permanently, the Service(or any part thereof) with or without notice. You agree thatTheBestDealsInMichiagan.com shall not be liable to you or to any thirdparty for any modification, suspension or discontinuance of theService.
12. TERMINATION
You agree that TheBestDealsInMichigan.com, in its sole discretion, mayterminate your password, Biz Site, use of the Service or use of anyother TheBestDealsInMichigan.com service, and remove and discard anyContent within the Service, for any reason, including, withoutlimitation, if TheBestDealsInMichigan.com believes that you have violatedor acted inconsistently with the letter or spirit of the TOS.TheBestDealsInMichigan.com may also in its sole discretion and at any timediscontinue providing the Service, or any part thereof, with or withoutnotice. You agree that any termination of your access to the Serviceunder any provision of this TOS may be effected without prior notice,and acknowledge and agree that TheBestDealsInMichigan.com may immediatelydeactivate or delete your Business Site (webpage) and all relatedinformation and files in your Business Site (webpage) and/or bar anyfurther access to such files or the Service. Further, you agree thatTheBestDealsInMichigan.com shall not be liable to you or any third-partyfor any termination of your access to the Service.
13. TheBestDealsInMichigan.com PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary softwareused in connection with the Service ("Software") contain proprietaryand confidential information that is protected by applicableintellectual property and other laws. You further acknowledge and agreethat Content contained in sponsor advertisements or informationpresented to you through the Service or advertisers is protected bycopyrights, trademarks, service marks, patents or other proprietaryrights and laws. Except as expressly authorized byBestDealsInMichigan.com or advertisers, you agree not to modify, rent,lease, loan, sell, distribute or create derivative works based on theService or the Software, in whole or in part.
You agree not to access the Service by any means other than through theinterface that is provided by TheBestDealsInMichigan.com for use inaccessing the Service.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ISPROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.TheBestDealsInMichigan.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.
(b) TheBestDealsInMichigan.com MAKES NO WARRANTY THAT (i) THE SERVICE WILLMEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THEUSE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OFANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OFTHE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILLBE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OFDATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM TheBestDealsInMichigan.com OR THROUGH OR FROM THE SERVICE SHALLCREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheBestDealsInMichigan.com SHALLNOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES (EVEN IF TheBestDealsInMichigan.com HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTINGFROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED ORMESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THESERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES ORTHE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OFSECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
17. NOTICE
Notices to you may be made via either email or regular mail. TheService may also provide notices of changes to the TOS or other mattersby displaying notices or links to notices to you generally on theService.
18. GENERAL INFORMATION
The TOS constitute the entire agreement between you andTheBestDealsInMichigan.com and govern your use of the Service, supercedingany prior agreements between you and TheBestDealsInMichigan.com(including, but not limited to, any prior versions of the TOS). Youalso may be subject to additional terms and conditions that may applywhen you use affiliate or other TheBestDealsInMichigan.com services, third-partycontent or third-party software. The TOS and the relationship betweenyou and TheBestDealsInMichigan.com shall be governed by the laws of theState of Michigan without regard to its conflict of law provisions. Youand TheBestDealsInMichigan.com agree to submit to the personal andexclusive jurisdiction of the courts located within the county ofLapeer, Michigan. The failure of TheBestDealsInMichigan.com to exercise orenforce any right or provision of the TOS shall not constitute a waiverof such right or provision. If any provision of the TOS is found by acourt of competent jurisdiction to be invalid, the parties neverthelessagree that the court should endeavor to give effect to the parties'intentions as reflected in the provision, and the other provisions ofthe TOS remain in full force and effect. You agree that regardless ofany statute or law to the contrary, any claim or cause of actionarising out of or related to use of the Service or the TOS must befiled within one (1) year after such claim or cause of action arose orbe forever barred. The section titles in the TOS are for convenienceonly and have no legal or contractual effect.
19). Disclaimer: Use of this website and its content is on the condition that TheBestDealsinMichigan.com {including any of the individual city websites owned by TheBestDealsinMichigan.com as in TheBestDealsin{NAME-OF-CITY-HERE}.com) shall not be liable for any claim, liability, damage, loss, cost or expense arising out of or in connection with any mistake or inaccuracy in any content on this website, regardless of whether such mistake or inaccuracy is caused in whole or in part by TheBestDealsinMichigan.com.
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