1. AGREEMENT BETWEEN USER AND ARCUS FOUNDATION
The Arcus Foundation (the “foundation”) maintains this Web site (“Web site”) for your individual information and education. We are pleased to offer you access to the foundation Web site and other services that the foundation may from time to time decide to operate from the Web site, subject to the terms and conditions contained in these Terms and Conditions of Use (the “Terms”) and the Privacy Policy (collectively, the “Agreements”). By using the Web site, you consent to and agree to comply with the terms of the Agreements. The Agreements shall have the same meaning, force and effect as if executed in-person, by hand, and all of the laws to which a personally executed agreement are subject will govern the Agreements.
The foundation may, in its sole discretion, change, alter or modify the Agreements or the Web site, in whole or in part, impose limits on certain access, features or services to part or all of the Web site. By continuing to access and use the Web site after it has been modified, you will be evidencing your assent to, agreement with, and understanding of, such change, modification or alteration.
2. RULES FOR ONLINE CONDUCT
You acknowledge that the Web site is public and not private communication. Users shall use the Web site for lawful purposes only. The foundation cannot and will not endeavor to review the placement or content of every link, and, therefore, is not responsible for the content or the placement of any link to another site. The foundation reserves the right to delete, move or edit content or have links removed, based on, without limitation, their abusive, defamatory, obscene, copyright violative or otherwise unacceptable nature or placement.
3. PRIVACY
The foundation respects any concerns about access and/or use of personal information and wants to protect your privacy. The Privacy Policy governs how the foundation may gather or use information. By assenting to these Terms and using this Web site, you express your agreement with, and understanding of, the Privacy Policy.
4. SUBMISSIONS
The foundation invites your input in helping us to offer and/or update pertinent information and services to our users. We will attempt to review your input, but we may not be able to respond to all messages. You agree that any idea or information that you may send to the foundation shall become the sole and exclusive property of the foundation and that the foundation shall bear no responsibility or be subject to any liability for providing any credit, compensation or other consideration for any idea or information that you may send to the foundation or for keeping such idea or information confidential. Such ideas or information may not be acknowledged and may, at the option of the Foundation, not be returned.
5. ACCURACY
The Web site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by the foundation or by third-parties (“Content”). Such Content is for your reference only and should not be relied upon by you for any purpose.
6. LINKS
The Web site may contain hyperlinks (“Links”) to other Web sites or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Such Links are for your reference only, and the foundation neither controls such linked Web sites nor is responsible or liable for their content. Inclusion of such hyperlinks does not imply any endorsement by the foundation of any opinions, statements, information, individuals or entities referred to on such Web sites or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such Web site operators. Other Web sites may also have a Link to the foundation Web site posted on their Web site; the foundation is not, and you agree that the foundation is not, responsible for the content of any such Web site or the actions of any operator of any such Web site.
7. COPYRIGHTS, TRADEMARKS AND OTHER RIGHTS
The Web site and the Content are owned and operated by the foundation and contains material which is derived in whole or in part from material supplied and owned by the foundation and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, adapt, copy, reproduce, republish, upload, download, post, transmit, perform, publicly display, prepare derivative works based on, or sell, transfer or distribute in any way any material from the Web site without the prior written consent of the foundation, which may be withheld in the foundation’s sole discretion. The foundation logo is a trademark of the foundation, and all other trademarks, service marks and trade names used on the Web site are the property of their respective owners and none may be copied, downloaded or otherwise exploited without the permission of the foundation or the owner of such trademark, service mark or trade name. Any such acts on your part, without prior written consent, will constitute infringement of the copyrights, trademarks, service marks, trade names, patents or other proprietary rights of the foundation or the respective owner. Any use of any portion of this Web site on any other Web site or other networked computer environment is prohibited without the prior written consent of the foundation, which may be withheld in the foundation’s sole discretion. The foundation may revoke any license to display the Link at any time.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You agree that your use of the web site is entirely at your own risk. The web site is provided “as is,” and “as available” for your personal use only, without representation or warranty of any kind, either express or implied, including, without limitation, any warranty for information, services, uninterrupted access provided through or in connection with the foundation or the web site. The foundation specifically disclaims any and all warranties, including without limitation: (a) any warranties concerning the availability and accuracy of content, information, products or services; and (b) any warranties of title, non-infringement or warranties of merchantability or fitness for a particular process.This disclaimer of liability applies to any damages or injury caused by any act or omission of the foundation or any of its officers, managers, agents, director, affiliates, members, employees or content providers, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.Neither the foundation nor any of its agents, affiliates, officers, directors, managers, members, employees or content providers shall be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with your use of the web site, your inability to gain access to or use the web site, the content or out of any breach of any warranty even if the foundation has been advised of the possibility of such damages. You specifically acknowledge that neither the foundation nor any of its officers, managers, members, agents, directors, affiliates, employees or content providers shall be liable for the defamatory, offensive or illegal conduct of any user and that the risk of injury from the foregoing rests entirely with you. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you; in such jurisdictions, the potential liability of the foundation will be limited to the maximum extent permitted by law.
9. CHOICE OF LAW
The agreements will be governed and construed in accordance with the laws of the state of michigan, as applied to agreements made and entered into solely between residents of, and to be performed entirely within such state.
