Public Privacy Statement

This is a legal agreement between you and The Greater Grand Rapids Chamber Foundation (herein referred to as “HWM”). Your access to and use of the HWM Internet web site (herein referred to as the "HWM site") is subject to this agreement. By accessing, browsing and/or using the HWM site, you acknowledge that you have read, understand, and agree without limitation or qualification to be bound by the terms and conditions of this agreement. If you do not agree to be bound by the terms and conditions of this agreement, do not use the HWM site. HWM reserves the right to change these Terms of Use or its policies regarding the HWM site or its Privacy Policy (referenced below) at any time in its sole discretion. Such changes will be posted on the HWM site and such will constitute notice to you of the changes. You are responsible for regularly reviewing theses Terms of Use and the Privacy Policy.

1. Privacy Policy. The Privacy Policy contained on the Site is incorporated in these Terms of Use by reference.

2. Content, License, Intellectual Property and Restrictions on Use. All audio and visual information, images, photographs, video, text, documents, products and other materials contained or displayed in, or made available through, the Site (the “Content”) are owned by HWM, its affiliates and/or its third party licensors and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any manner, including, but not limited to, by electronic, mechanical, photocopying, recording or other means, except as provided in this agreement, without HWM's express written permission.

You are hereby granted a personal, non-exclusive, non-transferable license, solely for your own personal use and benefit, access, to view and print a single copy of the Content. You may not, except as expressly authorized in these Terms of Use: (a) remove or destroy any proprietary rights marks or legends on or in the HWM site or any Content; (b) reproduce, modify, enhance, adapt, translate, distribute, or create derivative works of the HWM site or any Content; (c) transfer, assign, sublicense, rent, lease or sell the HWM site or Content; (d) decompile, disassemble, or reverse engineer the HWM site; and/or (e) “frame” or “mirror” any Content contained on, or accessible through, the HWM site on any other server or Internet-based device.

Except for the license granted above, you have no right, title or interest in or to the HWM site or any Content. HWM, its affiliates and/or third party licensors have and retain all proprietary rights, title and interests, including all intellectual property rights, in and to the HWM site and Content. All rights not expressly granted by HWM to you are retained by HWM, and you may not use the HWM site and/or any Content in any manner or for any purpose not expressly authorized by these Terms of Use.

“HWM” and all other marks and logos used in association with the HWM site and/or Content (“Marks”) are trademarks or service of HWM, its affiliates, or third parties. You may not display, copy, redistribute or use any of the Marks in any manner, except as permitted by law.

The content of the HWM site may be subject to RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions imposed by applicable law. Use by the Government constitutes acknowledgment of HWM's proprietary rights therein.

3. Disclaimer of Warranty and Limitation of Liability. HWM does not warrant or represent that use of materials displayed on the HWM site will not infringe the rights of third parties. HWM makes no warranty or representation as to the accuracy of the contents of the HWM site. HWM assumes no liability or responsibility for errors or omissions in the contents of the HWM site.

YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. WITHOUT LIMITING THE FOREGOING, NEITHER HWM, ITS LICENSORS NOR ANY INFORMATION PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR CONTENT, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.

ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY HWM, ITS LICENSORS, AND INFORMATION PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL HWM, ITS AFFILIATES, LICENSORS OR INFORMATION PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN ASSOCIATION WITH THESE TERMS OF USE, YOUR USE OF THE SITE AND/OR CONTENT, YOUR RELIANCE ON THE INFORMATION, DATA, ADVICE AND/OR MATERIALS CONTAINED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR CONTENT AND/OR THE ACTIONS OR OMISSIONS OF HWM, REGARDLESS OF WHETHER HWM IS AWARE OF THEIR POSSIBILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not, in whole or in part, apply to you. If your use of the HWM site results in the need for service, repair or correction of equipment or data, you assume any and all costs.
YOU UNDERSTAND THAT THE DISCLAIMER OF WARRANTIES AND THE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOW HWM TO PROVIDE THE SITE AND CONTENT SET FORTH HEREIN. YOU UNDERSTAND AND AGREE THAT, BUT FOR THESE PROVISIONS, HWM WOULD NOT MAKE THE HWM SITE AND/OR CONTENT AVAILABLE TO YOU.

HWM is not liable for any viruses or other damages to your computer equipment, software or data arising out of, resulting from, or relating in any way to your accessing, browsing, using and/or downloading the HWM site and/or its content.

4. Indemnification. You shall indemnify, defend and hold HWM, its licensors and information providers, and each such party's parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, actions, proceedings, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with (a) your use of the HWM site and/or Content; and/or (b) your breach of these Terms of Use and/or violation of any applicable law or right of a third party.

5. Links to Other Sites. HWM, from time to time, may include on the HWM site links to sites of third parties. HWM has not reviewed and is not responsible for any third party site. Your use to any third party site is at your own risk. HWM provides any such links to you only as a matter of convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Unless expressly stated on the HWM site, HWM is not affiliated with, and HWM does not endorse or sponsor, any sites on the Internet that are linked through or to the HWM site. HWM makes no representations or warranties concerning the content of sites linked through or to the HWM site, or their information gathering, use or dissemination practices. In no event shall HWM be responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked through or to the HWM site, and in no event shall HWM be responsible or liable for any content, products, or other materials on or available from or through such sites.

6. Prohibited Activities. You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the HWM site and Content. Without limiting the foregoing, you shall not use the HWM site or Content to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit through or post on the HWM site unlawful, harassing, libelous, abusive, bigoted, hateful, racially offensive, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancelbots; (f) interfere with or disrupt servers or networks connected to the HWM site or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the HWM site or computer systems or networks connected to the HWM site through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the HWM site; (i) “mirror” some or all of the content of the HWM site on any other server; or (j) advocate illegal activity or discuss illegal activities with the intent to commit them.

7. Limitations of HWM Site. The HWM site is intended to be accessed only from the United States and only by persons who have reached the age of 18 years old or the age of majority in such person's location, whichever is later. HWM makes no representation that Content, materials or information on the HWM site is appropriate or available for use in any particular location. Those who choose to access the HWM site do so on their own initiative and are responsible for compliance with local laws.

8. Governing Law and Venue. These Terms of Use will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between the parties related, in any way, to these Terms of Use, the HWM Site, the Content and/or any and all disputes, actions, claims, or causes of action related thereto shall be initiated and maintained only in (i) the U.S. District Court for the Western District of Michigan, or (ii) Circuit Court of the County Kent, Michigan, to the extent permitted by applicable law and, if venue in the Circuit Court of the County Kent, Michigan, is not permitted by applicable law, the state courts of the State of Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

9. General Provisions. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. The failure of HWM to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HWM in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these Terms of Use.


Copyright 2010. The Greater Grand Rapids Chamber Foundation. All Rights Reserved.