Terms and Conditions for use of SiteMapLinksTM
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The following terms and conditions (the "Terms and Conditions") govern your use of the website SiteMapLinks.Org (SML), and any Materials, and/or Documents contained within the Site. By using, copying, or downloading any Materials and/or Documents from this Site, you agree to these Terms and Conditions. 1. Trademarks . Please note that the pages on the Site may contain other proprietary notices and Trademark information, the terms of which must be observed and followed. Unless otherwise noted, all information, text, articles, data, logos, images, Documents (as defined below), software or other materials (collectively hereinafter referred to as the "Materials") contained on any page within this Site are the property of SML. Any Title to copyright in the Materials will at all times remain with the Copyright Holder. You may only use, download or copy the Materials contained in the Site in accordance with the Terms and Conditions. Any permitted copies of the Materials must retain the Trademark notice, and any other proprietary notices contained in such Materials. Unless otherwise provided in the Terms and Conditions, you may not edit, modify or make use of the Materials without the express, prior written consent of the SML. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to the SML, or any third party referenced in the Materials. Nothing on this Site shall be construed as conferring any license to anyy party whether by estoppel, implication or otherwise. You agree to use the Site and the Materials and services and products on the Site or accessible via the Site only for lawful purposes. SML MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME. Except as specifically provided in these Terms and Conditions any reproduction, distribution, replication or retransmission of any information contained on this Site, except as permitted herein, without the prior written consent of the SML is strictly prohibited. 2.
Notice With Regard to Materials and Documents on this
Site . Permission to display, copy and/or download
any papers, articles or other works of authorship on this Site (the
"Documents") is hereby granted, provided that (a) the Trademark
notice set forth on the Document appears on such displayed, copied
or downloaded Document, (b) use or reproduction of such Documents
from this Site is for informational or personal use only, and (c) no
modifications of any Documents are made. Any other use of the
Documents is expressly prohibited. 3. Online Privacy Policy . SML Policy excludes the collection, use, and sharing of personal information provided in connection with the use of such services. No personal information of any kind is collected or used by SML.. 4. Disclaimers and Limitation on Liability . (A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND THE SML MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. SML DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT. (B) DISCLAIMER OF ACCURACY. THE SML DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION OR TECHNICAL INACCURACIES. SML DOES NOT GUARANTEE ANY RESULTS FOR THE USE OF MATERIALS ON THIS SITE. SML DOES NOT WARRANT OR GUARANTEE THAT ANY SEARCH ENGINE WILL ACCESS YOUR WEBSITE, INDEX YOUR WEBSITE, INCREASE YOUR PAGE RANK, PROVIDE MORE TRAFFIC TO YOUR WEBSITE, INCREASE THE VALUE OF YOUR WEBSITE, SPECIFY KEYWORDS FOR YOUR WEBSITE, OR OTHERWISE IN ANY WAY ENHANCE YOUR WEBSITE LISTING. SML RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST SML DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE.ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. THE SML MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE SML IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES. (C) LIMITATION ON LIABILITY. NEITHER SML NOR ANY OF ITS MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST THE SML FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. (D) LIMITATION ON LIABILITY OF SML. SML WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF. 5. Links to Third Party Sites . Any other web sites that are accessible via any link on this Site are not under the control of the SML. The SML is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The SML provides the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply the SML's endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk. 6. Acceptable Use Policy. SML may, at its sole discretion, deny the use of the Materials and Documents on this site to certain users. These users may include, but are not limited to, users whose sites whose primary intent may be in the following categories: a. Sites that, intentionally or unintentionally, violate any applicable local, state, national or international law, or any rules or regulations promulgated thereunder. b. Sites which harm, or attempt to harm, minors in any way. c. Sites with fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters." d. Sites whose purpose is the distribution of restricted software or materials in violation of copyrights or distribution licenses. e. Sites which in the sole opinion of SML, are offensive in
nature, contain objectionable materials, or whose content is
questionable in any repect, or any such sites, which in
the sole opinion of SML are unacceptable for any reason
whatsoever. 7. SML Materials and Documents. All Materials and Documents on this site are and will remain the exclusive property of SML, except when noted as being the property of a third party, and may be used, copied, or downloaded at this time at no charge by any party who conforms to these terms and conditions. SML reserves right to charge for the use of the Materials contained within the site at some future date. If such charges are instituted, any users of the materials on this site who have obtained the Materials in any manner prior to any such future date will be notified via email of any such charges and will be given a period of 60 days to either pay such charges or to cease and discontinue the use of the Materials. 8.
User Input . Unless otherwise provided in the Terms
and Conditions, any communication, material or feedback with regard
to contents on this Site transmitted by a user of this Site via
electronic mail or otherwise, including any data, questions, or
comments regarding the content of any Document or other information
contained on the Site, such information shall be deemed to be
non-confidential and SML shall have no obligation of any kind with
respect to such information and shall be free to reproduce, use,
disclose and distribute the information to others without
limitation. Further, the SML shall be free to use any ideas,
concepts, know-how or techniques contained in such information for
any purpose whatsoever including, without limitation, publication on
the Site, or other SML publications, and developing, manufacturing,
and marketing products using such information. The SML shall have no
obligation to compensate the contributor of such information in any
manner. 9.
Governing Law; Venue for any Proceedings
. Any action, proceeding, dispute, claim or controversy
arising out of or relating to this Site or these Terms and
Conditions, or any SML products or SML services offered on or
accessed via the Site, shall (i) be governed by Michigan State
law and controlling U.S. federal law, without application of any
choice of law rules and (ii) be subject to the exclusive
jurisdiction of the courts of the State of Michigan located in
Oakland County, and you hereby submit to the jurisdiction of said
courts. 10.
Complete Agreement; Changes to the Terms and
Conditions . These Terms and Conditions represent the entire
understanding relating to the use of the Site and prevail over any
prior or contemporaneous, conflicting or additional, communications.
SML shall have the right to revise and modify the Terms and
Conditions at any time by posting the revised Terms and Conditions
on the Site. Any use of the Site after such posting shall be deemed
to constitute acceptance of the revised Terms and Conditions by the
user. 11. Trademarks . SiteMapLinksTM, the term SiteMapLinks, the SML logo, and other SML logos and titles are trademarks or service marks of SML. All other products, company names or other marks appearing on this Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of SML or other trademark owners. The term SiteMapLinksTM must be used exactly as it appears as follows: SiteMapLinksTM (with the capital letters in place, and the trademark logo) when used in normal text. Various versions are offered in the table below to blend with the site page. When used as an internal site link it must appear as follows: SiteMapLinks ( the Trademark logo may be dropped when the word is used as an internal link).When used as an external site link, there are only two permissable forms. See the table below. All links must remain in place. Only forms in the table below are allowed. Custom logos may be made available.
Usage (Contact us for custom color logos or
links) 12.
Indemnification. You agree to
defend, indemnify, and hold harmless SML, its officers,
directors, employees, members, agents and affiliates from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from
your breach of the Terms and Conditions, including without
limitation, the terms and conditions of the
SML Site.The SML shall provide notice to you promptly of
any such claim, suit, or proceeding and shall assist you, at your
expense, in defending any such claim, suit or proceeding. 13. Termination.
SML may terminate this agreement at any time. Upon termination, you
agree to cease all use of this Site and cease any and
all use of any and all SML Materials and
Documents within 10 days of notification of such Termination.
Without limiting the foregoing, SML shall have the right to
immediately terminate your access and use of the Site, the Materials
and Documents, or any portion of the Site Materials and
Documents in the event of any conduct by you which SML,
in its sole discretion, considers to be unacceptable, or in the
event of any breach by you of the Terms and Conditions. The
provisions of Sections 4, 7, 9, 11, 12 and this Section 13 shall
survive any termination of this
agreement. |
