2. THIS SITE HAS BEEN DEVELOPED AND LAUNCHED FOR USE IN THE UNITED STATES IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES. IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE OF THE UNITED STATES, YOU WILL BEAR FULL RESPONSIBILITY FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF THE JURISDICTION WHERE YOU ARE LOCATED. YOU MUST BE 21 YEARS OF AGE OR OLDER TO ENTER THIS SITE. IF YOU ARE UNDER THE AGE OF 21, THEN ACCESS TO THIS SITE AND ALL CONTENT CONTAINED THEREIN IS STRICTLY PROHIBITED. PRIOR TO ENTERING THE SITE YOU MUST VERIFY YOUR DATE OF BIRTH.
4. While the Company uses its reasonable efforts to ensure that the Content is updated and correct, YOUR USE OF THIS SITE (INCLUDING ALL LINKS TO THIRD PARTY WEBSITES AND ANY THIRD P ARTY CONTENT PROVIDED HEREIN) IS A T YOUR OWN RISK. ALL MA TERIALS PROVIDED ON OR WITH RESPECT TO THE SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT THE SITE WILL BE UNINTERRUPTED, RELIABLE, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, AND THAT ANY ERRORS ON THE SITE WILL BE CORRECTED.
5. You shall not post or transmit to this Site any information or materials to which you have no rights and/or any information or materials that are obscene, profane, pornographic, defamatory, libelous, unlawful, threatening or objectionable (including, without limitation, any materials that could encourage unlawful or criminal conduct, the excessive consumption of alcohol, or anything that is defamatory to the Company or to any other third party). While the Company may from time to time review materials posted to the Site by users, the Company is not responsible for any such materials posted by users. The Company shall have the right at any time and from time to time to disclose any information it deems necessary to satisfy any law, regulation or government request, and to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole and absolute discretion is objectionable.
7. While this Site may have links to other websites, the provision of such links does not constitute and shall not be considered an endorsement, approval or certification by the Company of such websites or any of the content contained therein, and the provision of such link shall in no way be construed as an association between the Company and such website or the owners thereof unless specifically stated otherwise. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO ANY SUCH SITES IS AT YOUR OWN RISK. You shall not, without the prior written consent of the Company, which consent may be given or withheld in the Company’s sole and absolute discretion, link this Site to any other website.
9. If products are made available for download from the Site, then your payment for and downloading of such products shall not constitute a grant or waiver by the Company or any other person of any intellectual property rights with respect thereto or with respect to any intellectual property rights embedded therein.
11. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR CONNECTED WITH YOUR USE OF THIS SITE (OR ANY INFORMATION OR CONTENT PROVIDED ON THIS SITE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. You shall indemnify and hold the Company, its owners, officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against the Company by any third party due to or arising out of or in connection with the breach of any representations or warranties contained herein (including, without limitation, the representations and warranties contained in Section 6 above) or use of the Site.
13. Any litigation between you and the Company arising under or pertaining in any way to the use of this Site, the content thereof and the links to other websites shall be governed and construed in accordance with the laws of the State of Michigan and the courts of Michigan shall have the exclusive jurisdiction over all such litigation.
14. It is the Company’s policy to remove from the Site any materials known by the Company to infringe upon the intellectual property rights of a third party. If you believe that any materials on the Site infringe upon a third party’s intellectual property rights, please provide the Company with written notice containing the following information (at a minimum): (a) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company shall, as soon as practicable following receipt and verification of any such alleged infringement, remove or disable any material that is the subject of such claimed infringement.
15. The Company may, in its sole and absolute discretion, terminate your right to use this Site at any time, with or without cause or notice. All representations, warranties and promises made by you shall survive such termination.