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AGREEMENT BETWEEN USER AND WMAA 34

The WMAA 34 Web Site is comprised of various Web pages operated by WMAA 34.

The WMAA 34 Web Site is offered to you conditioned on your acceptance

without modification of the terms, conditions, and notices contained herein. Your

use of the WMAA 34 Web Site constitutes your agreement to all such terms,

conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

WMAA 34 reserves the right to change the terms, conditions, and notices

under which the WMAA 34 Web Site is offered, including but not limited

to the charges associated with the use of the WMAA 34 Web Site.

LINKS TO THIRD PARTY SITES

The WMAA 34 Web Site may contain links to other Web Sites (“Linked Sites”).

The Linked Sites are not under the control of WMAA 34 and WMAA 34

is not responsible for the contents of any Linked Site, including without limitation

any link contained in a Linked Site, or any changes or updates to a Linked Site.

WMAA 34 is not responsible for webcasting or any other form of transmission

received from any Linked Site. WMAA 34 is providing these links to you

only as a convenience, and the inclusion of any link does not imply endorsement

by WMAA 34 of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WMAA 34 Web Site, you warrant to WMAA 34

that you will not use the WMAA 34 Web Site for any purpose that is unlawful

or prohibited by these terms, conditions, and notices. You may not use the WMAA 34

Web Site in any manner which could damage, disable, overburden, or impair the WMAA 34

Web Site or interfere with any other party’s use and enjoyment of the WMAA 34

Web Site. You may not obtain or attempt to obtain any materials or information through

any means not intentionally made available or provided for through the WMAA 34

Web Sites.

USE OF COMMUNICATION SERVICES

The WMAA 34 Web Site may contain bulletin board services, chat areas,

news groups, forums, communities, personal web pages, calendars, and/or other message

or communication facilities designed to enable you to communicate with the public

at large or with a group (collectively, “Communication Services”), you agree to

use the Communication Services only to post, send and receive messages and material

that are proper and related to the particular Communication Service. By way of example,

and not as a limitation, you agree that when using a Communication Service, you

will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such

    as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,

    infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property

    laws (or by rights of privacy of publicity) unless you own or control the rights

    thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software

    or programs that may damage the operation of another’s computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose,

    unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know,

    or reasonably should know, cannot be legally distributed in such manner.

  • 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 or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

WMAA 34 has no obligation to monitor the Communication Services. However,

WMAA 34 reserves the right to review materials posted to a Communication

Service and to remove any materials in its sole discretion. WMAA 34

reserves the right to terminate your access to any or all of the Communication Services

at any time without notice for any reason whatsoever.

WMAA 34 reserves the right at all times to disclose any information

as necessary to satisfy any applicable law, regulation, legal process or governmental

request, or to edit, refuse to post or to remove any information or materials, in

whole or in part, in WMAA 34’s sole discretion.

Always use caution when giving out any personally identifying information about

yourself or your children in any Communication Service. WMAA 34 does

not control or endorse the content, messages or information found in any Communication

Service and, therefore, WMAA 34 specifically disclaims any liability

with regard to the Communication Services and any actions resulting from your participation

in any Communication Service. Managers and hosts are not authorized WMAA 34

spokespersons, and their views do not necessarily reflect those of WMAA 34.

Materials uploaded to a Communication Service may be subject to posted limitations

on usage, reproduction and/or dissemination. You are responsible for adhering to

such limitations if you download the materials.

MATERIALS PROVIDED TO WMAA 34 OR POSTED AT ANY WMAA 34

WEB SITE

WMAA 34 does not claim ownership of the materials you provide to WMAA 34

(including feedback and suggestions) or post, upload, input or submit to any WMAA 34

Web Site or its associated services (collectively “Submissions”). However, by posting,

uploading, inputting, providing or submitting your Submission you are granting WMAA 34,

its affiliated companies and necessary sublicensees permission to use your Submission

in connection with the operation of their Internet businesses including, without

limitation, the rights to: copy, distribute, transmit, publicly display, publicly

perform, reproduce, edit, translate and reformat your Submission; and to publish

your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided

herein. WMAA 34 is under no obligation to post or use any Submission

you may provide and may remove any Submission at any time in WMAA 34’s

sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant

and represent that you own or otherwise control all of the rights to your Submission

as described in this section including, without limitation, all the rights necessary

for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH

THE WMAA 34 WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WMAA 34 AND/OR

ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WMAA 34 WEB

SITE AT ANY TIME. ADVICE RECEIVED VIA THE WMAA 34 WEB SITE SHOULD NOT

BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD

CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WMAA 34 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,

RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WMAA 34 WEB

SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS

IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WMAA 34 AND/OR ITS SUPPLIERS

HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WMAA 34

AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE

USE OR PERFORMANCE OF THE WMAA 34 WEB SITE, WITH THE DELAY OR INABILITY

TO USE THE WMAA 34 WEB SITE OR RELATED SERVICES, THE PROVISION OF OR

FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES

AND RELATED GRAPHICS OBTAINED THROUGH THE WMAA 34 WEB SITE, OR OTHERWISE

ARISING OUT OF THE USE OF THE WMAA 34 WEB SITE, WHETHER BASED ON CONTRACT,

TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WMAA 34 OR

ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME

STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED

WITH ANY PORTION OF THE WMAA 34 WEB SITE, OR WITH ANY OF THESE TERMS

OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WMAA 34

WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

WMAA 34 reserves the right, in its sole discretion, to terminate your

access to the WMAA 34 Web Site and the related services or any portion

thereof at any time, without notice. GENERAL To the maximum extent permitted by

law, this agreement is governed by the laws of the State of Washington, U.S.A. and

you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County,

California, U.S.A. in all disputes arising out of or relating to the use of the

WMAA 34 Web Site. Use of the WMAA 34 Web Site is unauthorized

in any jurisdiction that does not give effect to all provisions of these terms and

conditions, including without limitation this paragraph. You agree that no joint

venture, partnership, employment, or agency relationship exists between you and

WMAA 34 as a result of this agreement or use of the WMAA 34

Web Site. WMAA 34’s performance of this agreement is subject to existing

laws and legal process, and nothing contained in this agreement is in derogation

of WMAA 34’s right to comply with governmental, court and law enforcement

requests or requirements relating to your use of the WMAA 34 Web Site

or information provided to or gathered by WMAA 34 with respect to such

use. If any part of this agreement is determined to be invalid or unenforceable

pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision

will be deemed superseded by a valid, enforceable provision that most closely matches

the intent of the original provision and the remainder of the agreement shall continue

in effect. Unless otherwise specified herein, this agreement constitutes the entire

agreement between the user and WMAA 34 with respect to the WMAA 34

Web Site and it supersedes all prior or contemporaneous communications and proposals,

whether electronic, oral or written, between the user and WMAA 34 with

respect to the WMAA 34 Web Site. A printed version of this agreement

and of any notice given in electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this agreement to the same extent an d subject

to the same conditions as other business documents and records originally generated

and maintained in printed form. It is the express wish to the parties that this

agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the WMAA 34 Web Site are: Copyright 2010 – 2015 Western Michigan Area Assembly and/or

its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks

of their respective owners.

The example companies, organizations, products, people and events depicted herein

are fictitious. No association with any real company, organization, product, person,

or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed

copyright infringement under United States copyright law should be sent to Service

Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE

WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright

Infringement.

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