Legal Information & Service Agreement
The following Terms of Service are effective for all users of the Michigan Inn Guide as of 5/11/2007.
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH MichiganInnGuide.com OFFERS ACCESS TO OUR SERVICES.
This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.MichiganInnGuide.com. If you do not agree to be bound by the terms and conditions of this Agreement, you cannot use or access our services. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our site.
We provide a venue for property owners to advertise their Michigan Bed and Breakfast Properties. As an advertiser on www.MichiganInnGuide.com, you give us express permission to use your Inn's photo, Inn information or your comments about the site for marketing and other advertising purposes as we deem necessary to promote the site. Your email address will be added to our mailing list to keep you updated about additions or changes to the website, information about upgrading your listing, special offers or other communications. Removal of your email from our mailing list will result in removal of your free listing from our website; the same does not apply for paid listings. We are not involved in the actual transaction between the Inns and their guests. As a result, we have no control over the quality, safety or legality of the Inns as advertised or the truth or accuracy of the listings. We cannot ensure that a listing will result in revenue for the advertiser or for a satisfactory experience for a guest or potential guest. Member Innkeepers are responsible for the monitoring of their information for accuracy and their operational status of any website, email or availability calendar links. Featured Inns are required to insert and maintain an operational link to MichiganInnGuide.com on their home page...violation of this requirement will result in a loss of Featured Inn status.
Release: Because we are a venue, in the event that you have a dispute with one or more users, you release MichiganInnGuide.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control: We do not control the information provided by other users that is made available through our site. You may find other user's information to be inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with persons acting under false pretenses.
Fraud. Without limiting any other remedies, MichiganInnGuide.com may suspend or terminate your listing if we suspect that you (by conviction, settlement, investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
Breach. Without limiting other remedies, we may indefinitely suspend or terminate your membership and refuse to provide our services to you if:
a. you breach this Agreement or the documents it incorporates by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause financial loss or legal liability for our users or for us.
Privacy. We do not sell or rent your personal information to third parties for any purposes.
No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No Agency. You and MichiganInnGuide.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by email to our emailing address. Emailed notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the listing process. In such case, notice shall be deemed given 3 days after the date of mailing.
General. This Agreement shall be governed in all respects by the laws of the state of Michigan as such laws are applied to agreements entered into and to be performed entirely within Michigan. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the owners of MichiganInnGuide.com, at our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. |
