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The Michigan Start Pages Service is a free computer online service.
It is accessible to users through a personal computer, or other
access device, at http://michiganstartpages.com, using a communications
connection (e.g., modem and telephone line). As part of our service,
Michigan Start Pages will provide information and links to other
Web sites and other computer services that are not affiliated with
this Web site, and are not subject to the terms herein.
Michigan Start Pages may decide to modify this Agreement at any
time and the user agrees to use this service in accordance with
these terms:
1. General Terms:
By using this Service, the user agrees to be legally bound and abide
by the Terms of Service, just as if he/she had signed this Agreement.
If the user does not comply and/or continue to comply with the Terms
of Service, Michigan Start Pages may terminate the right to access
the Public Areas of the Service, which are those areas that are
generally accessible to other users.
The user is responsible for all charges (e.g. telephone) associated
with connecting to the Service through an available access number.
The user is also responsible for obtaining or providing all telephone
access lines, telephone and computer equipment, or other access
devices, necessary to access the Service. The user further certifies
that he/she is an individual (e.g., not a corporation).
The user acknowledges that the Service contains information, software,
photos, video, graphics, music, sounds or other material hereinafter
referred to as "Content" that is protected by copyrights,
trademarks, trade secrets or other proprietary rights and that these
rights are valid and protected in all forms, media, and technologies
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and Michigan
Start Pages owns a copyright in the selection, coordination, arrangement
and enhancement of such Content. The user may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit any of the Content, in whole or in
part. The user may not upload, post, reproduce or distribute Content
protected by copyright, or other proprietary right, without obtaining
permission from the copyright owner. Michigan Start Pages and its
logo are trademarks of Michigan Start Pages, L.L.C., all other trademarks
appearing on the Service are trademarks of their respective owners.
2. Public Area Rules:
The user will not engage in any conduct that, in the discretion
of Michigan Start Pages, restricts or inhibits any other person
from using or enjoying the Service. The user agrees to use the Service
only for lawful purposes. The user certifies that he/she is an individual
(e.g., not a corporation) and at least eighteen (18) years of age
or has specific permission from a parent or legal guardian to use
the Service. The user is prohibited from posting on, or transmitting
through, the Service any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, profane, hateful, racially,
ethnically or otherwise objectionable material of any kind, including,
but not limited to, any material which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international
law.
Michigan Start Pages may choose to electronically monitor the Public
Areas for adherence to the Terms of Service and may disclose any
Content, records, or electronic communication of any kind (i) to
satisfy any law, regulation or authorized governmental request,
(ii) if such disclosure is necessary to operate the Michigan Start
Pages Service, or (iii) to protect the rights or property of Michigan
Start Pages or its partners and members.
Michigan Start Pages reserves the right to prohibit conduct, communication,
or Content which it deems in its discretion to be harmful to individual
users or other third-party rights, or to violate any applicable
law.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: THE
USER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT HIS/HER OWN RISK.
MICHIGAN START PAGES SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE,
INCLUDING WITHOUT LIMITATION, ANY MICHIGAN START PAGES SOFTWARE
LICENSED TO THE USER AND THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, MICHIGAN START PAGES DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, OR CONTENT OF INFORMATION, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USER SPECIFICALLY
ACKNOWLEDGES THAT MICHIGAN START PAGES IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE
USER.
IN NO EVENT WILL MICHIGAN START PAGES BE LIABLE TO ANY PARTY (i)
FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE MICHIGAN START PAGES OR ANY
CONTENT, EVEN IF MICHIGAN START PAGES SHALL HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES
OF ANY CONTENT.
NEITHER MICHIGAN START PAGES NOR ANY OF ITS MEMBERS, PARTNERS,
AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY
DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO, OR USE THE
SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE USER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
THE SERVICE.
The user agrees to hold Michigan Start Pages, its members, partners,
agents, affiliates, and content providers harmless from any dispute
that may arise from a breach of terms of this Agreement. The user
agrees to hold Michigan Start Pages harmless from any claims and
expenses, including reasonable attorney's fees, and court costs,
related to user's violation of this Agreement, including the Terms
of Service or any Content placed on the Service by the user.
4. Miscellaneous:
This Agreement shall be construed and controlled by the laws
of the State of Michigan. Any disputes arising from the terms of
this Agreement or a breach of this Agreement will be governed by
the laws of the State of Michigan. Customer agrees to personal jurisdiction
by the state and federal courts sitting in the State of Michigan.
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein. Michigan Start
Pages may amend or modify this Agreement or impose new conditions
at any time upon notice from Michigan
Start Pages to Customer as published through the Service. Any use
of the Service by the user after such notice, shall be deemed to
constitute acceptance by the user of such amendments, modifications,
or new conditions.
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