Terms of Use

Terms of Use
Last updat­ed on Jan­u­ary 9, 2025

BY USING OR VISITING THIS WEBSITE, recuemichigan.com and all mobile web­sites and appli­ca­tions asso­ci­at­ed there­with (col­lec­tive­ly, the “Site”) and con­tent avail­able through the www.recuemichigan.com domain name and any oth­er affil­i­at­ed domain name, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use”).

The Site is a news ser­vice made avail­able to you by RESCUE MICHIGAN INITIATIVE, LLC (“WRC”, “we” or “us”). All of the con­tent, soft­ware and ser­vices avail­able through the Site, includ­ing but not lim­it­ed to any sub­scrip­tion ser­vices, whether offered by WRC or a third par­ty link pro­vid­ed by the Site are referred to here­in as the “Ser­vices.”

Please read the Terms of Use care­ful­ly before using the Ser­vices. If you do not under­stand and accept the pro­vi­sions set forth in the Terms of Use, do not use the Ser­vices or access the Site.

ACCEPTANCE OF TERMS OF USE

YOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT:

  • • you will use the Ser­vices in accor­dance with the Terms of Use and any addi­tion­al terms, con­di­tions, rules or pro­ce­dures imposed by WRC or by third par­ty con­tent or ser­vice providers that may apply, and applic­a­ble laws and reg­u­la­tions;
  • • you agree to be bound by the terms and con­di­tions of our Pri­va­cy Pol­i­cy, which are incor­po­rat­ed here­in by ref­er­ence;
  • • these Terms of Use are a legal­ly bind­ing agree­ment and the equiv­a­lent of a signed writ­ten con­tract; and
  • • you have received, under­stood, and accept­ed these Terms of Use and the terms of our Pri­va­cy Pol­i­cy.

YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF WRC’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. You here­by waive any and all defens­es you may have based on the elec­tron­ic form of the Terms of Use and the lack of sign­ing by the par­ties here­to to exe­cute the Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE. FROM TIME TO TIME, WE MAY PROVIDE ADDITIONAL SERVICES. YOU MAY BE ASKED IN THE FUTURE TO AGREE TO ADDITIONAL TERMS BEFORE YOU CAN ACCESS THESE ADDITIONAL SERVICES. REGARDLESS OF WHETHER THIS OCCURS, YOUR CONTINUED USE OF THE SITE OR SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS.

ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION

You must be at least 13 years of age to use the Ser­vices. Ver­i­fi­ca­tion of your age may be request­ed or required in con­nec­tion with your use of all or a por­tion of the Ser­vices. Should WRC sus­pect that your per­son­al data pro­vid­ed is not accu­rate or com­plete, WRC may sus­pend or ter­mi­nate your access to the Ser­vices.

By using the Ser­vices, you indi­cate that you have reviewed and under­stand the infor­ma­tion out­lined in WRC’s Pri­va­cy Pol­i­cy (“Pri­va­cy Pol­i­cy”).

Each email com­mu­ni­ca­tion we send you will con­tain instruc­tions per­mit­ting you to opt-out of receiv­ing future com­mu­ni­ca­tions. If at any time you wish not to receive any future com­mu­ni­ca­tions or to have your name delet­ed from our mail­ing lists, you may fol­low the “unsub­scribe” pro­ce­dure includ­ed with the email com­mu­ni­ca­tion, where you will be pro­vid­ed with an oppor­tu­ni­ty to opt-out from all or a por­tion of com­mu­ni­ca­tions to which you sub­scribe.

USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES

You agree to use the Ser­vices only as law­ful in the Unit­ed States, and all juris­dic­tions and sub­di­vi­sions there­of, and in any nation and juris­dic­tion in the world, and all sub­di­vi­sions there­of, with respect to which you use, access or reach out to with regard to the Ser­vices.

With­out lim­it­ing the for­go­ing, you agree not to:

  • • use the Ser­vices for any adver­tis­ing or com­mer­cial solic­i­ta­tion of any kind what­so­ev­er, includ­ing, with­out lim­i­ta­tion, via email, with­out WRC’s express pri­or writ­ten approval and, if then, sole­ly in accor­dance with terms and con­di­tions imposed by WRC with respect there­to;
  • • not to use the Ser­vices or any ele­ment or por­tion there­of (includ­ing, with­out lim­i­ta­tion, email address­es of users) for any com­mer­cial pur­pose what­so­ev­er;
  • • use the Ser­vices in any way that abus­es, defames, stalks, annoys, threat­ens, harass­es or vio­lates the rights of pri­va­cy, pub­lic­i­ty, intel­lec­tu­al prop­er­ty or oth­er legal rights of a per­son or enti­ty (now or here­after rec­og­nized) or which encour­ages con­duct which would vio­late any law or give rise to civ­il or crim­i­nal lia­bil­i­ty or post, pub­lish, trans­mit, dis­trib­ute, dis­sem­i­nate or upload any inap­pro­pri­ate, infring­ing, defam­a­to­ry, pro­fane, inde­cent, obscene, lewd, las­civ­i­ous, filthy, exces­sive­ly vio­lent or illegal/unlawful mate­r­i­al or mat­ters, includ­ing, with­out lim­i­ta­tion, infor­ma­tion, top­ics, names or oth­er mate­r­i­al;
  • • attempt to imper­son­ate anoth­er user or any oth­er third par­ty by select­ing or using the name, address, email address or oth­er iden­ti­fy­ing infor­ma­tion belong­ing to anoth­er user or oth­er per­son, or oth­er­wise;
  • • use a user name, address, cred­it card infor­ma­tion, email address, pseu­do­nym or oth­er iden­ti­ty belong­ing to any oth­er per­son, for any rea­son what­so­ev­er, with­out the pri­or express writ­ten autho­riza­tion of such per­son;
  • • use a false “head­er” – the leg­end attached to email mes­sages to show the mes­sage’s point of ori­gin, route and des­ti­na­tion – or oth­er­wise false­ly con­fig­ur­ing email;
  • • use a user name, email address, or head­er that WRC , in its sole dis­cre­tion, deems inap­pro­pri­ate;
  • • dis­sem­i­nate mul­ti­ple unso­licit­ed copies of email through the Ser­vices in vio­la­tion of any law;
  • • upload files that con­tain soft­ware or oth­er mate­r­i­al pro­tect­ed by intel­lec­tu­al prop­er­ty laws, rights of pub­lic­i­ty or pri­va­cy, except if you own or con­trol such rights or have received all nec­es­sary con­sents, per­mis­sions, licens­es, approvals;
  • • upload files that you know or have rea­son to believe may con­tain virus­es, cor­rupt­ed files, or any oth­er sim­i­lar soft­ware or pro­gram that may result in dam­age to the oper­a­tion of WRC Ser­vices, net­works or servers or to anoth­er’s com­put­er;
  • • con­duct or for­ward sur­veys, con­tests, pyra­mid schemes or chain let­ters;
  • • fal­si­fy or delete any author attri­bu­tions, legal or oth­er prop­er notices or pro­pri­etary des­ig­na­tions or labels of the ori­gin or source of soft­ware or oth­er mate­r­i­al con­tained in a file that is uploaded;
  • • restrict, inhib­it, harass or attempt to pre­vent any oth­er user from using and enjoy­ing the Ser­vices, or that, in our sole judg­ment, expos­es us or any of our affil­i­ates, users or any oth­er third par­ty to any lia­bil­i­ty, dam­ages, or detri­ment of any type;
  • • obtain or attempt to gain unau­tho­rized access to oth­er com­put­er sys­tems, mate­ri­als, infor­ma­tion or any ser­vices avail­able on or through the Ser­vices;
  • • use any device, soft­ware, or rou­tine to inter­fere or attempt to inter­fere with the prop­er work­ing of the Ser­vices or any activ­i­ty con­duct­ed on the Ser­vices or attempt to probe, scan, test the vul­ner­a­bil­i­ty of, or breach the secu­ri­ty of any sys­tem, device or net­work;
  • • dis­close per­son­al infor­ma­tion and/or col­lect infor­ma­tion about oth­ers, includ­ing email address­es, with­out their pri­or con­sent; or
  • • vio­late any applic­a­ble domes­tic or inter­na­tion­al laws or reg­u­la­tions.

With the excep­tion of web brows­er access, you agree not to use bots, spi­ders, intel­li­gent agent soft­ware or any oth­er soft­ware, pro­gram, appli­ca­tion or any oth­er device to access the Site or the Ser­vices to auto­mate the process of obtain­ing, har­vest­ing, upload­ing, trans­fer­ring or trans­mit­ting any con­tent to or from WRC com­put­er sys­tems, the Site or the Ser­vices. You agree not to, nor to attempt to, cir­cum­vent any access or use restric­tions, data encryp­tion or con­tent pro­tec­tion relat­ed to the Ser­vices and not to data mine the Ser­vices or in any way cause harm to or bur­den the Ser­vices.

Vio­la­tions of sys­tem or net­work secu­ri­ty and cer­tain oth­er con­duct may result in civ­il or crim­i­nal lia­bil­i­ty. We may inves­ti­gate and work with law enforce­ment author­i­ties to pros­e­cute users who vio­late the Terms of Use. WRC reserves the right, at its sole dis­cre­tion, at any time and from time to time, to mod­i­fy or dis­con­tin­ue, tem­porar­i­ly or per­ma­nent­ly, the Ser­vice (or any part there­of) with or with­out notice to you. You agree that WRC shall not be liable to you or to any third par­ty for any mod­i­fi­ca­tion, sus­pen­sion or dis­con­tin­u­ance of the Ser­vice.

USER CONTENT AND SUBMISSIONS

The Ser­vices may per­mit you to sub­mit, post and dis­trib­ute text, files, images, pho­tos, graph­ics, data, mes­sages, video, audio, works of author­ship or any oth­er mate­ri­als or infor­ma­tion in con­nec­tion with their use of the Ser­vices (col­lec­tive­ly, the “User Con­tent”). This User Con­tent may reside on our servers or on the servers of a third par­ty. You are sole­ly respon­si­ble for the User Con­tent and oth­er con­tent that you sub­mit, post or dis­trib­ute on or through the Ser­vices or Site and any mate­r­i­al or infor­ma­tion that you trans­mit to oth­ers and for your inter­ac­tions with oth­ers. WRC does not con­trol or endorse the User Con­tent, mes­sages or infor­ma­tion sub­mit­ted, post­ed or dis­trib­uted by users, and, there­fore, WRC specif­i­cal­ly dis­claims any respon­si­bil­i­ty with regard there­to.

You agree not to pro­vide User Con­tent that:

  • • infringes on, mis­ap­pro­pri­ates or oth­er­wise vio­lates the copy­right, trade­mark, patent or oth­er intel­lec­tu­al prop­er­ty right of any per­son;
  • • is false, mis­lead­ing, libelous, slan­der­ous, defam­a­to­ry, obscene, abu­sive, hate­ful, or sex­u­al­ly-explic­it;
  • • vio­lates a per­son­’s right to pri­va­cy or pub­lic­i­ty;
  • • con­tains adver­tis­ing or a solic­i­ta­tion of any kind;
  • • degrades oth­ers on the basis of gen­der, race, class, eth­nic­i­ty, nation­al ori­gin, reli­gion, dis­abil­i­ty, or oth­er clas­si­fi­ca­tion;
  • • con­tains epi­thets or oth­er lan­guage or mate­r­i­al intend­ed to intim­i­date or to incite vio­lence; or
  • • vio­lates any applic­a­ble local, state, nation­al, or inter­na­tion­al law, or advo­cates ille­gal activ­i­ty.

If the Ser­vices per­mit you to post or pub­lish User Con­tent, you may only post User Con­tent that is orig­i­nal and that you have the right to post. You grant to WRC a roy­al­ty-free, non-exclu­sive, world-wide, irrev­o­ca­ble, trans­fer­able license, includ­ing the right to sub­li­cense to third par­ties with­out restric­tion, in per­pe­tu­ity through­out the uni­verse, right and license to fix, copy, repro­duce, dis­play, mod­i­fy, adapt, edit, elab­o­rate, com­bine with oth­er mate­r­i­al, trans­form, title, re-title, sub­ti­tle, dub, trans­late, adver­tise, pub­lish, sell, vend, rent, lend, dis­trib­ute, broad­cast (by ter­res­tri­al, cable, satel­lite or any oth­er means), cyber­cast, per­form, uti­lize, cre­ate deriv­a­tive works of, or oth­er­wise exploit (col­lec­tive­ly, “Exploit”) your User Con­tent, in any and all man­ner, medi­ums or meth­ods, now known or lat­er devised. You here­by waive and relin­quish all rights known as “moral rights’ or “droit moral” now or here­after rec­og­nized.

You rep­re­sent and war­rant that you own the User Con­tent sub­mit­ted, post­ed or dis­trib­uted by you on or through the Ser­vices or Site or oth­er­wise have the right to grant the license set forth in this Terms of Use from any per­son iden­ti­fied in or impli­cat­ed by your sub­mis­sion (includ­ing those shown in pho­to­graph­ic con­tent), and, in the case of minors, also from their par­ents or legal guardians, as appro­pri­ate, and that the sub­mis­sion, post­ing or dis­tri­b­u­tion of your User Con­tent on or through the Ser­vices or Site does not vio­late the rights of pri­va­cy, pub­lic­i­ty, copy­rights con­tract or any oth­er legal rights of any per­son. You agree to pay for all roy­al­ties, fees and any oth­er monies owing any per­son by rea­son of any User Con­tent sub­mit­ted, post­ed or dis­trib­uted by you to or through the Ser­vices or the Site.

The Ser­vices may have fea­tures that allow you to send or exchange mes­sages with third par­ties. WRC makes no war­ranties, express or implied, takes no respon­si­bil­i­ty and assumes no lia­bil­i­ty for any con­tent, mate­ri­als, mes­sages and the like that you or any oth­er user sends, receives, dis­trib­utes or posts through any email or instant mes­sage sys­tem. You agree to defend, indem­ni­fy and hold harm­less WRC , its par­ents, sub­sidiaries, affil­i­ates, employ­ees, rep­re­sen­ta­tives, agents, attor­neys, direc­tors, offi­cers, man­agers, share­hold­ers, third-par­ty con­tent providers or licen­sors, as applic­a­ble, from and against all claims result­ing from con­tent, mate­ri­als, mes­sages, and the like that you send, receive, sub­mit, post or dis­trib­ute in con­nec­tion with the Ser­vices or the Site, includ­ing send­ing an email through the Ser­vices.

If you are under the age of 13, you may not sub­mit any User Con­tent to us. If you are under the age of 18 but at least 13 years of age, you may sub­mit User Con­tent only with the per­mis­sion of, and under the super­vi­sion of, a par­ent or legal guardian. If you are a par­ent or legal guardian agree­ing to these rules for the ben­e­fit of an indi­vid­ual between the ages of 13 and 18, please be advised that you are ful­ly respon­si­ble for his or her User Con­tent and any legal lia­bil­i­ty that he or she may incur.

VIOLATION OF TERMS OF USE

You agree that WRC , in its sole dis­cre­tion, may sus­pend or ter­mi­nate your access to the Ser­vices and remove and dis­card any User Con­tent with­in the Ser­vice or Site for any rea­son, includ­ing, with­out lim­i­ta­tion, if WRC believes that you have vio­lat­ed or act­ed incon­sis­tent­ly with your oblig­a­tions under the Terms of Use or any oth­er rea­son what­so­ev­er. WRC may also, in its sole dis­cre­tion, dis­con­tin­ue pro­vid­ing the Ser­vices or any part there­of, with or with­out notice. You agree that any ter­mi­na­tion of your access to the Ser­vices may be effect­ed with­out pri­or notice and acknowl­edge and agree that WRC may imme­di­ate­ly delete your User Con­tent. WRC reserves the right to bar any fur­ther access to such files or the Ser­vices. You agree that WRC shall not be liable to you or any third par­ty for any ter­mi­na­tion of your access to the Ser­vices or Site or dele­tion of your User Con­tent.

SUBSCRIPTION SERVICES AND ACCOUNTS

You may be asked to pro­vide an email address, cell phone and oth­er per­son­al infor­ma­tion to sub­scribe to the WRC newslet­ters, alerts or oth­er Ser­vices or to set up an account on our Site. When you sub­scribe or set up an account, you agree to pro­vide accu­rate, cur­rent and com­plete infor­ma­tion about your­self as request­ed or direct­ed and to prompt­ly update this infor­ma­tion to main­tain its accu­ra­cy. WRC has the right to sus­pend or ter­mi­nate any account or oth­er reg­is­tra­tion and to refuse any and all cur­rent or future use if it sus­pects that such infor­ma­tion is inac­cu­rate or incom­plete. When you sub­scribe or set up and account, you con­sent to WRC con­tact­ing you via these meth­ods for any com­mu­ni­ca­tion, whether for trans­ac­tion­al or mar­ket­ing pur­pose and you agree we can send you legal notices or oth­er dis­clo­sures via these con­tact meth­ods as well, in addi­tion to or in lieu of pro­vid­ing such notices on our Site. It is your respon­si­bil­i­ty to check your des­ig­nat­ed email address reg­u­lar­ly for notices. The deliv­ery of any notice from WRC is effec­tive when sent by WRC , regard­less of whether you read the notice when you receive it or whether you actu­al­ly receive the deliv­ery.

WRC CONTENT

The Ser­vices con­tain con­tent, infor­ma­tion, mate­ri­als, com­put­er code and soft­ware, of WRC (“WRC Con­tent”) which is pro­tect­ed by copy­right, trade­mark, patent, trade secret and oth­er laws and WRC either owns and retains or licens­es all Intel­lec­tu­al Prop­er­ty Rights (as defined below) in the WRC Con­tent, Site and Ser­vices. WRC here­by grants you a lim­it­ed, revo­ca­ble, non-sub­li­cens­able non-exclu­sive license to dis­play the WRC Con­tent (exclud­ing any soft­ware code) sole­ly for your per­son­al use in con­nec­tion with using the Ser­vices in accor­dance with the Terms of Use. Copy­ing or down­load­ing these mate­ri­als for any­thing oth­er than your per­son­al use is a vio­la­tion of these Terms of Use. “Intel­lec­tu­al Prop­er­ty Rights” means any and all (by way of what­ev­er name or term known or des­ig­nat­ed) tan­gi­ble and intan­gi­ble and now known and here­after exist­ing (a) rights asso­ci­at­ed with works of author­ship through­out the uni­verse, includ­ing, but not lim­it­ed to, copy­right and moral rights; (b) trade­mark, ser­vice mark, trade dress and trade name rights and sim­i­lar rights; © trade secret rights; (d) patents, designs, algo­rithms and oth­er indus­tri­al prop­er­ty rights; (e) all oth­er intel­lec­tu­al and indus­tri­al prop­er­ty and pro­pri­etary rights (of every kind and nature through­out the uni­verse and how­ev­er des­ig­nat­ed) (includ­ing, with­out lim­i­ta­tion, logos, char­ac­ter rights, “rental” rights and rights to remu­ner­a­tion), whether aris­ing by oper­a­tion of law, con­tract, license or oth­er­wise; and (f) all reg­is­tra­tions, appli­ca­tions, renewals, revivals, resus­ci­ta­tions, exten­sions, con­tin­u­a­tions, divi­sions or reis­sues there­of now and here­after in force through­out the uni­verse (includ­ing, with­out lim­i­ta­tion, rights in any of the fore­go­ing).

You acknowl­edge that all copy­rights and oth­er Intel­lec­tu­al Prop­er­ty Rights in the Ser­vices are owned by WRC or its third-par­ty licen­sors to the full extent per­mit­ted under the Unit­ed States Copy­right Act and all inter­na­tion­al copy­right laws and all oth­er applic­a­ble laws. You agree not to encum­ber, license, mod­i­fy, pub­lish, copy, sell, trans­fer, trans­mit, or in any way exploit, any of the WRC Con­tent, soft­ware and Ser­vices, nor will you attempt to do so. Except as oth­er­wise express­ly per­mit­ted by applic­a­ble law, you agree not to copy, redis­trib­ute, pub­lish or oth­er­wise exploit mate­r­i­al which you down­load from the Ser­vices with­out the express pri­or writ­ten per­mis­sion of WRC and, if applic­a­ble, the own­er of such mate­r­i­al (from whom you are sole­ly respon­si­ble for obtain­ing per­mis­sion). You fur­ther agree and acknowl­edge that you shall not acquire any own­er­ship rights by down­load­ing con­tent or soft­ware from the Ser­vices.

The Ser­vices con­tain the con­tent of oth­er users and oth­er WRC licen­sors. Except for User Con­tent post­ed by you, and as oth­er­wise express­ly per­mit­ted here­in, you may not copy, mod­i­fy, trans­late, pub­lish, broad­cast, trans­mit, dis­trib­ute, per­form, dis­play, sell, rent or oth­er­wise Exploit any WRC Con­tent or oth­er con­tent appear­ing on or through the Site or Ser­vices.

EDITING AND BLOCKING CONTENT

You agree that WRC , in its sole dis­cre­tion, shall have the right, but not the oblig­a­tion, to mon­i­tor your use of the Ser­vices to edit, refuse to post or remove any mate­r­i­al sub­mit­ted, post­ed or dis­trib­uted on or through the Ser­vices or Site in vio­la­tion of the Terms of Use. You agree that WRC may use the infor­ma­tion gath­ered dur­ing such mon­i­tor­ing for any pur­pose deemed appro­pri­ate by WRC , to the extent per­mit­ted by law.

You acknowl­edge that the Ser­vices may not be mon­i­tored and you do not rely on WRC to mon­i­tor or edit the Ser­vices and the Ser­vices may con­tain con­tent which you find offen­sive, inde­cent, or objec­tion­able, and which may or may not be iden­ti­fied as con­tain­ing explic­it lan­guage. You here­by waive any objec­tions you might have with respect to view­ing such con­tent. WRC shall have no lia­bil­i­ty for such con­tent to you, to any per­son on behalf of whom you have con­sent­ed to these Terms of Use, or to any per­son whom you allow to access the Ser­vice, and you access the Ser­vices at your sole risk.

WRC assumes no respon­si­bil­i­ty for mon­i­tor­ing the Site for inap­pro­pri­ate con­tent or con­duct. If at any time WRC choos­es, in its sole dis­cre­tion, to mon­i­tor the Site, WRC nonethe­less assumes no respon­si­bil­i­ty for the con­tent, no oblig­a­tion to mod­i­fy or remove any inap­pro­pri­ate con­tent and no respon­si­bil­i­ty for the con­duct of the user sub­mit­ting any User Con­tent.

COPYRIGHT INFRINGEMENT CLAIMS

If you believe in good faith that mate­ri­als host­ed by the Site infringe your copy­right, you or your agent may sub­mit a Dig­i­tal Mil­len­ni­um Copy­right Act (“DMCA”) notice by pro­vid­ing WRC with the fol­low­ing infor­ma­tion in writ­ing:

  • • a phys­i­cal or elec­tron­ic sig­na­ture of the per­son autho­rized to act on behalf of the own­er of an exclu­sive copy­right that is alleged­ly infringed;
  • • a descrip­tion of the copy­right­ed work that you claim has been infringed;
  • • a descrip­tion of where the mate­r­i­al that you claim is infring­ing is locat­ed on the Site;
  • • your name, address, tele­phone num­ber, and email address and all oth­er infor­ma­tion rea­son­ably suf­fi­cient to per­mit WRC to con­tact you;
  • • a state­ment by you that you have a good faith belief that the dis­put­ed use is not autho­rized by the copy­right own­er, its agent, or the law; and
  • • a state­ment by you, made under penal­ty of per­jury, that the above infor­ma­tion in your notice is accu­rate and that you are the copy­right own­er or autho­rized to act on behalf of the own­er of an exclu­sive right that is alleged­ly infringed.

Any noti­fi­ca­tion that fails to com­ply with require­ments of the DMCA shall not be con­sid­ered suf­fi­cient notice and shall not be deemed to con­fer upon WRC actu­al knowl­edge of facts or cir­cum­stances from which infring­ing mate­r­i­al or acts are evi­dent. If you believe in good faith that a notice of copy­right infringe­ment has been wrong­ly filed against you, the DMCA per­mits you to send to WRC a counter-notice. All notices and counter notices must meet the then cur­rent statu­to­ry require­ments imposed by the DMCA.

Notice of claims of copy­right infringe­ment can be made as fol­lows:

Des­ig­nat­ed Agent: Web­mas­ter
Address of Agent: 543 Fair­way Park Dr., Ann Arbor, MI 48103
Email for notice: wrc@washtenawgopclub.com

If you believe that your User Con­tent that was removed (or to which access was dis­abled) is not infring­ing, or that you have the autho­riza­tion from the copy­right own­er, the copy­right own­er’s agent, or pur­suant to the law, to post and use the con­tent in your User Con­tent, you may send a counter-notice con­tain­ing the fol­low­ing infor­ma­tion to the con­tact address for WRC set forth below:

  • • your phys­i­cal or elec­tron­ic sig­na­ture;
  • • iden­ti­fi­ca­tion of the User Con­tent that has been removed or to which access has been dis­abled and the loca­tion at which the User Con­tent appeared before it was removed or dis­abled;
  • • a state­ment that you have a good faith belief that the con­tent was removed or dis­abled as a result of mis­take or a misiden­ti­fi­ca­tion of the User Con­tent; and
  • • your name, address, tele­phone num­ber, and email address, a state­ment that you con­sent to the juris­dic­tion of the fed­er­al court in Detroit, Michi­gan, and a state­ment that you will accept ser­vice of process from the per­son who pro­vid­ed noti­fi­ca­tion of the alleged infringe­ment.

Counter-notice of claims of copy­right infringe­ment can be sent to:

Des­ig­nat­ed Agent: Web­mas­ter
Address of Agent: 543 Fair­way Park Dr., Ann Arbor, MI 48103
Email for notice: wrc@washtenawgopclub.com

If a counter-notice is received, you agree that WRC may send a copy of the counter-notice to the orig­i­nal com­plain­ing par­ty inform­ing that per­son that it may replace the removed con­tent or cease dis­abling it in 10 busi­ness days. Unless the copy­right own­er files an action seek­ing a court order against the con­tent provider, mem­ber or user, the removed con­tent may be replaced, or access to it restored, in 10 to 14 busi­ness days or more after receipt of the counter-notice, at WRC’s sole dis­cre­tion. You acknowl­edge that if you fail to com­ply with all the require­ments of this sec­tion, your DMCA notice may not be valid.

THIRD PARTY SERVICES; EXTERNAL LOCATIONS AND LINKING

Our Ser­vices may per­mit you to use the Ser­vices to post your User Con­tent to oth­er web­sites and WRC may use third par­ties to pro­vide cer­tain ser­vices acces­si­ble through the Site (col­lec­tive­ly, “Third Par­ty Ser­vices”). WRC does not con­trol, oper­ate or main­tain such third par­ties, their web­sites, or their ser­vices, and you agree that WRC will not be liable to you in any way for your use of such Third Par­ty Ser­vices. These Terms of Use do not apply to Third Par­ty Ser­vices or web­sites, and such web­sites and online ser­vices are not part of the Ser­vices. These third par­ties may have their own terms of use and oth­er poli­cies. You must com­ply with such terms and poli­cies as well as the Terms of Use when you use these Ser­vices. If any such terms or poli­cies con­flict with the Terms of Use, you must com­ply with the Terms of Use, as applic­a­ble.

The Ser­vices may con­tain links to third par­ty sites and the abil­i­ty to access exter­nal por­tions of the Inter­net. You agree that WRC is not respon­si­ble for the avail­abil­i­ty of these third par­ty sites, the con­tent, includ­ing, with­out lim­i­ta­tion, solic­i­ta­tions there­on or prod­ucts or ser­vices made avail­able there­by. Such links do not con­sti­tute an endorse­ment by WRC of those oth­er web­sites or online ser­vices, the con­tent dis­played there­in, or the per­sons asso­ci­at­ed there­with. You acknowl­edge that some third par­ty sites may con­tain mate­ri­als or com­mu­ni­ca­tions which are unedit­ed, untrue, and ille­gal in some juris­dic­tions and may be offen­sive. You agree to access third par­ty sites at your own risk and not to per­mit minors to have access to inap­pro­pri­ate mate­r­i­al. You agree that WRC shall not be held respon­si­ble or liable, direct­ly or indi­rect­ly, for any loss or dam­age caused or alleged to have been caused in any way what­so­ev­er relat­ed to any such third par­ty site and you here­by irrev­o­ca­bly waive any and all claims relat­ed there­to against WRC , its par­ents, sub­sidiaries, affil­i­ates, employ­ees, rep­re­sen­ta­tives, agents, attor­neys, direc­tors, offi­cers, man­agers, share­hold­ers, third-par­ty con­tent providers or licen­sors.

MODIFICATION; TERMINATION

• The Terms of Use set out the legal­ly bind­ing terms for your use of the Ser­vices.
• We reserve the right to change, mod­i­fy, add to or remove all or part of the Terms of Use at any time and such mod­i­fi­ca­tion shall be effec­tive upon post­ing by WRC to the Site. Oth­er­wise applic­a­ble sec­tions of the Terms of Use shall sur­vive ter­mi­na­tion. You agree to check the Terms of Use for updates on a reg­u­lar basis and to dis­con­tin­ue use of the Site if you do not agree with the then oper­a­tive Terms of Use.
• You agree to be bound to any changes to the Terms of Use when you use Ser­vices after any such mod­i­fi­ca­tion is post­ed. If you do not con­sent to any of the changes of the Terms of Use, your only rem­e­dy is to ter­mi­nate your use of the Ser­vices. Your fail­ure to ter­mi­nate use of the Ser­vices shall con­sti­tute accep­tance of the changes to the Terms of Use.
• We also reserve the right to seek all reme­dies avail­able at law and in equi­ty for vio­la­tions of the Terms of Use. Upon ter­mi­na­tion, you must cease all use of the Ser­vices, includ­ing any of the WRC Con­tent.

INDEMNIFICATION; LIMITATION OF LIABILITY

You agree to defend, indem­ni­fy and hold harm­less WRC and its par­ents, sub­sidiaries, affil­i­ates, employ­ees, rep­re­sen­ta­tives, agents, direc­tors, offi­cers, man­agers, share­hold­ers, third par­ty con­tent providers and licen­sors (the “Indem­ni­fied Par­ties”) from and against all demands, lia­bil­i­ties, judg­ments, fines, inter­est, penal­ties, dam­ages, loss­es, costs, claims or expens­es (includ­ing, with­out lim­i­ta­tion, attor­neys’ fees and fees of oth­er pro­fes­sion­al advis­ers) aris­ing out of (i) your use of the Ser­vices (includ­ing, with­out lim­i­ta­tion, your User Con­tent and your use of any WRC Con­tent); (ii) your online con­duct; (iii) your vio­la­tion, breach or alleged breach of these Terms of Use; (iv) your fail­ure to com­ply with any applic­a­ble laws or reg­u­la­tions; (v) your neg­li­gence, will­ful mis­con­duct, or vio­la­tions of the intel­lec­tu­al prop­er­ty or oth­er rights of any per­son; or (vi) any of your deal­ings or trans­ac­tions with oth­er per­sons result­ing from use of the Ser­vices.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WRC NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WRC OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE TERMS OF USE OR SERVICES.

DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT OF ANY WARRANTIES INCAPABLE OF EXCLUSION UNDER THE LAWS APPLICABLE TO THE TERMS OF USE).

WITHOUT LIMITING THE FOREGOING, NEITHER WRC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. WRC shall not be liable for any dam­ages to, virus­es that may infect, or ser­vices, repairs or cor­rec­tions that must be per­formed, on your com­put­er or oth­er prop­er­ty on account of your access­ing or use of the Site.

ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WRC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

WRC DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER WRC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER WRC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER WRC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD WRC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

GOVERNING LAW; ARBITRATION

The Terms of Use and all aspects of the Ser­vices shall be gov­erned by and con­strued in accor­dance with the inter­nal laws of the Unit­ed States and the State of Michi­gan gov­ern­ing con­tracts entered into and to be ful­ly per­formed in Michi­gan (i.e., with­out regard to con­flict of laws pro­vi­sions) regard­less of your loca­tion. By using the Ser­vices, you waive any claims that may arise under the laws of oth­er states, coun­tries, ter­ri­to­ries or juris­dic­tions.

Any dis­pute, claim or con­tro­ver­sy aris­ing out of or relat­ing to this Terms of Use or the breach, ter­mi­na­tion, enforce­ment, inter­pre­ta­tion or valid­i­ty there­of, includ­ing the deter­mi­na­tion of the scope or applic­a­bil­i­ty of this agree­ment to arbi­trate, shall be deter­mined by arbi­tra­tion in Detroit, before one arbi­tra­tor. The arbi­tra­tion shall be admin­is­tered by JAMS pur­suant to its Com­pre­hen­sive Arbi­tra­tion Rules and Pro­ce­dures. Judg­ment on the Award may be entered in any court hav­ing juris­dic­tion. This clause shall not pre­clude par­ties from seek­ing pro­vi­sion­al reme­dies in aid of arbi­tra­tion from a court of appro­pri­ate juris­dic­tion. Each par­ty is to bear its own costs and fees.

MISCELLANEOUS

The Terms of Use are effec­tive until ter­mi­nat­ed by either par­ty. Users may ter­mi­nate the Terms of Use by dis­con­tin­u­ing their access the Site or Ser­vices. The priv­i­leges grant­ed to you under the Terms of Use will ter­mi­nate imme­di­ate­ly and auto­mat­i­cal­ly with­out notice from WRC if, in its sole dis­cre­tion, you fail to com­ply with any term or pro­vi­sion of the Terms of Use. Upon such ter­mi­na­tion (i) all licens­es grant­ed by WRC to you here­un­der will ter­mi­nate and you will no longer have per­mis­sion to access the Site or Ser­vices; and (ii) the fol­low­ing rights and pro­vi­sions shall sur­vive in per­pe­tu­ity: (a) all licens­es grant­ed here­un­der by you to WRC; (b) all pro­vi­sions of these Terms of Use enti­tled “Lim­i­ta­tion of Lia­bil­i­ty and Indem­ni­fi­ca­tion”, “Dis­claimers; Lim­i­ta­tions; and Waivers of Lia­bil­i­ty”, all oth­er dis­claimers of war­ranties and lia­bil­i­ties by WRC, and © all pro­vi­sions pro­vid­ing, in whole or in part, that users shall defend, indem­ni­fy and hold harm­less WRC or third par­ties.

The Terms of Use con­tains the entire under­stand­ing of you and WRC and super­sedes all pri­or under­stand­ings of the par­ties here­to relat­ing to the sub­ject mat­ter here­of and can­not be changed or mod­i­fied by you except by a writ­ing signed by an autho­rized sig­na­to­ry for WRC.

If any pro­vi­sion of the Terms of Use is found to be invalid, ille­gal or unen­force­able, the Terms of Use will be deemed cur­tailed to the extent nec­es­sary to make it legal and enforce­able and will remain, as mod­i­fied, in full force and effect.

No waiv­er by either par­ty of any breach or default here­un­der shall be deemed to be a waiv­er of any pre­ced­ing or sub­se­quent breach or default.

The sec­tion head­ings used here­in are for con­ve­nience only and shall not be giv­en any legal import.

CONTACT US

If you have ques­tions about these Terms of Use or your use of the Ser­vices, please con­tact us at webmaster@recuemichigan.com or send a writ­ten request to Washt­e­naw Repub­li­can Club, c/o Web­mas­ter, 543 Fair­way Park Dr., Ann Arbor, MI 48103.