MichiganReporters.Com
Website Agreement
This agreement, including the following terms and conditions (the “Agreement”), is entered into by and between you and MichiganReporters.com, a Michigan corporation (“Michigan Reporters”), and governs the use by you of the Michigan Reporters website currently located at www.MichiganReporters.com (“this Website”). This Agreement applies to all services provided and any other materials that are or become available on this Website (“Services”). Please read the terms and conditions carefully before accessing this Website. By using and/or signing onto the Website, you specifically agree to each of the following provisions: 1. External Links. This Website may contain links to other websites. Michigan Reporters is not responsible for the availability of these external websites nor does it endorse or is it responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any such external website. Any concerns regarding any external link should be directed to the respective website, rather than Michigan Reporters. By including a link to an external website on the Website, Michigan Reporters does not expressly state or imply that it has authorization from the owners of the external website to link to it. Should you visit an external website from a link found on the Website you do so at your own risk. 2. Disclaimer of Warranties. THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. Michigan Reporters DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Michigan Reporters DOES NOT WARRANT THAT THE WEBSITE OR SERVICES ARE COMPLETE OR ACCURATE OR THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR THAT ANY SERVICES ARE FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE INTERNET BASED, THAT INTERRUPTIONS AND DISRUPTIONS IN INTERNET SERVICES AND WEBSITES ARE COMMON OCCURRENCES, AND THAT MICHIGAN REPORTERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY DISRUPTION, DELAYS, OR LACK OF SERVICE, REGARDLESS OF THE CAUSE OR THE DURATION OF THE INTERRUPTION OR DISRUPTION OF THE SERVICES. A “Disabling Device” is defined as any software, document, message or other material which contains a computer virus, worm, Trojan horse, time bomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software. 3. Limitation of Damages. IN NO EVENT SHALL Michigan Reporters’ LIABILITY ARISING OUT OF THIS AGREEMENT OR RELATED TO SERVICES OR INFORMATION PROVIDED HEREUNDER EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY Michigan Reporters, REGARDLESS OF THE LEGAL THEORY UPON WHICH THAT LIABILITY IS SUPPOSEDLY PREMISED. UNDER NO CIRCUMSTANCES SHALL Michigan Reporters BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF SERVICES, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. 4. Indemnification. You agree to indemnify and hold Michigan Reporters and its suppliers, information providers, licensors, affiliates, and the officers, directors and employees of Michigan Reporters (an “Indemnified Party”) harmless against any losses, claims, damages, attorneys fees, liabilities, penalty actions, proceedings or judgments (collectively referred to as “Losses”) resulting, relating to or arising out of your use (including any negligent or wrongful conduct) of this Website and Services. You agree to reimburse such Indemnified Party for all legal and other expenses, including reasonable attorney fees incurred by such Indemnified Party in connection with investigating, defending or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. 5. Software License. Any software that is made available to download from this Website (“Software”) is owned or licensed by Michigan Reporters and/or its suppliers or licensors and is subject to U.S. copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end users license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (“License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance to the License Agreement is expressly prohibited by law, an may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 6. Confidentiality. You agree that any technical other information that Michigan Reporters discloses to you in connection with this Agreement is confidential, and you agree not to use or disclose any such information. Any technical information and personal data disclosed by you to Michigan Reporters is confidential and Michigan Reporters agrees not to use or disclose any such information (except as necessary to fulfill Michigan Reporters’ obligations under this Agreement) without prior written consent of you. 7. Miscellaneous. This Agreement shall be governed and construed in all respects by the laws of the state of Michigan. You agree that any legal action or proceeding between Michigan Reporters and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought, heard and decided exclusively in the United States District Court for the Western District of Michigan or a state court of competent jurisdiction sitting in Kalamazoo County, Michigan. Michigan Reporters may assign its rights and duties under this Agreement to any party at any time without notice to you. The invalidity of any term in this Agreement shall not affect the validity of any remaining term. If any term is determined to be over broad and unenforceable, it shall nevertheless be enforced to the maximum extent permitted by law. The terms of this Agreement shall inure to the benefit of and be binding on the successors and assigns of the parties.
I Accept