Terms of Use/Privacy Policy

Web Site Terms of Use and Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WWW.EDMICHIPREPORT.COM SITE (the “Site”). You acknowledge and agree that your use of the Site constitutes your assent to these Terms of Use, Privacy Policy, and Disclaimers and that, in consideration of your use of the Site, you will abide by the following terms and conditions. If you do not agree to these terms and conditions, do not access the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of the changes.

RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials posted to the Site, including, but not limited to, case summaries, docket reports, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by David C. Berry, the Site, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site.

No Content from the Site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without prior written permission. We hereby grant you permission to make a reasonable number of copies of the Content for private or educational use, provided that you acknowledge the Site as the source of the Content and, where appropriate, provide a hyperlink to the Site, except that:

    If you wish to build a hyperlink to the Site, you may do so provided you agree to cease such link upon our request.
    Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.

Modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights.

USAGE BY CHILDREN UNDER 13. The Site is intended for use by adults and is not directed to children under the age of 13. We cannot prohibit minors from visiting the Site. As a result, we must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. The Site does not solicit registration by and will not knowingly collect personally identifiable information from anyone under 13.

REGISTRATION. For certain purposes, such as to post comments, you must register on the Site. Registration permits us to monitor comments and minimize “comment spam.” If you register as a user of this Site, you will be assigned a username and password. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify us of any unauthorized use of your username and password or any other breach of security at info@edmichipreport.com. You agree to provide complete and accurate information about yourself as prompted by our registration form. We have the right to suspend or terminate your right to post comments or other content if we reasonably believe that the information you provided is false or misleading. We use any personal data information that we collect from you in accordance with our Privacy Policy, which is incorporated herein by reference. Any other material you transmit will be treated as non-confidential and non-proprietary.

E-MAIL AND PUBLIC COMMUNICATION. You agree not upload to, distribute through, or otherwise publish through the site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

The comment function of the Site may or may not be moderated. We reserve the exclusive right to determine, wholly in our sole judgment, whether a moderated comment is suitable for posting on the Site, and you agree that our judgment shall be final and unreviewable. We may monitor or edit comments and other user-created material as required by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our legitimate interests, rights or property, or the legitimate interests, rights or property of the Site’s users, advertisers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of Site users or the public. Users shall remain solely responsible for the content of their communications. You agree that we have the right, but not the obligation, to monitor and edit or remove any user-created comments or other content.

By uploading materials to this site or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted to us) a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. In addition, you warrant that all so-called “moral rights” or rights under the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A, in those materials have been waived.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless David C. Berry, the Site, Thomas M. Cooley Law School, and their respective successors, assigns, employees, students, officers, directors, shareholders, legal representatives, and affiliates from any and all liability, loss, claim and expense whatsoever, including reasonable attorneys fees, arising from or related to your violation or alleged violation of these terms and conditions or your use of the Site.

JURISDICTION.  The Site is controlled and operated within the State of Michigan. We make no representation that Content is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the suitability of any Content in their jurisdictions. All users, including those users who access the Site from a country other than the U.S., agree that the laws of the State of Michigan shall govern any dispute arising from or related to the Site or its use, including without limitation those arising from alleged privacy or use of personal information.

TERMINATION. These terms and conditions are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from the Site, and all related documentation and all copies thereof, whether made under these terms or otherwise. We may terminate this agreement at any time without notice. Upon termination, you must destroy all Content obtained from the Site and all copies thereof, whether made under these terms or otherwise. Following termination, we may take such further actions as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations of these terms and conditions or other unlawful acts, and you agree that David C. Berry, the Site, Thomas M. Cooley Law School, and their respective successors, assigns, employees, officers, directors, shareholders, legal representatives, and affiliates shall not be liable for any loss, claim and expense, including reasonable attorneys fees, suffered by any customer, user, or any third party resulting in whole or in part from our exercise of its rights under these terms and conditions.

DISCLAIMER. THE CONTENT IN THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAVID C. BERRY AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ALONE ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION THE TERMS OF THE SITE DISCLAIMER ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE WITH THE SAME FORCE AND EFFECT AS IF RESTATED IN FULL.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAVID C. BERRY OR THE SITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

NOT LEGAL ADVICE. The Content contained on the site has been prepared as a resource and service to legal professionals and is not intended to constitute legal advice. We expressly do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Site. Users of information from the Site or links do so at their own risk.

REFERENCES TO PRODUCTS AND SERVICES. Any reference made by the Site to any commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by David C. Berry, Thomas M. Cooley Law School, or the Site’s sponsors. Content on the Site may be provided by third parties and users without our verification. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of David C. Berry, Thomas M. Cooley Law School, or the Site’s sponsors.

LINKS TO OTHER WEB SITES AND SERVICES. To the extent that the Site contains links to other web sites or outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

CHOICE OF LAW/CHOICE OF FORUM. These terms shall be governed by and construed in accordance with the laws of the State of Michigan. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Oakland County or Wayne County, State of Michigan and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site, these terms of use, or the privacy policy must be filed within the applicable statute of limitations for such claim or action, but in no even more than one (1) year after the date the cause of action arose, or be forever barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by David C. Berry and any other party (or representative of such party) to be bound by such modification. To the extent that anything in or associated with the Site is in conflict or inconsistent with the foregoing terms, these terms shall take precedence.

PRIVACY POLICY

As a result of your use of the Site, we may obtain personal information about you, including without limitation your first and last name, company, home, postal or other physical address, other contact information, for example, telephone number, fax number, email address, and other similar information, title or position in a company or an organization, or occupation.

We provide you the opportunity to agree or decline to give your personal information via the Internet. We will inform you of the purpose for the collection. We do not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may transfer that information to persons involved in creating and maintaining the Site and its Content, or to third party service providers.

Domain Information Collection. We may collect domain information to enable us to analyze how our visitors use this Site. We may use this information to improve the Site. This information is collected automatically and requires no action on your part.

Use of Cookies and Tracking User Traffic. Some pages on this Site may use “cookies”—small files that the Site places on your hard drive for identification purposes. A cookie can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. Cookies may be used for site registration and customization the next time you visit us. Some parts of the Site may also use cookies to track user traffic patterns. Cookies may be used to determine the usefulness of our Site and Content to our users. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing the Site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence.

Information Sharing and Disclosure. Any personal information we collect will not be used for purposes other than the operation, evaluation, or improvement of the Site, except under conditions listed below:

    We may send you information regarding IP-related programs or events;
    We may send you up-dates, announcements, special offers or other information relating to the Site; or
    We may disclose your personal information, if required to do so by law, to enforce our terms of use, or in urgent circumstances, to protect personal safety, the public or our site.

Internet Security. We will make reasonable efforts to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and other characters.

Links to Third Party Sites. This Site contains links to other sites. We do not share your personal information with those Web sites and is not responsible for their privacy practices.

Changes to this Privacy Policy. We reserve the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on the Site.

Further Information. If you have questions or concerns about our Privacy Policy, please email us at info@edmichipreport.com.