CONDITIONS-OF-USE AGREEMENT
NOTE: Also see the Muskegon Government Privacy Policy.
THE CITY OF MUSKEGON (“CITY”) WELCOMES YOU TO OUR WEB SITE. WE ASK THAT YOU READ THE FOLLOWING CONDITIONS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE OR ANY RELATED SITES (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
The City reserves the right to make changes to the City Web Site and its Conditions of Use and Legal Notices and Policies at any time. Each time you use the City Web Site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the City Web Site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the City Web Site.
USE OF copy.muskegon.one
City grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of City. This license does not include any resale or commercial use of this site or its contents; any collection and use of any real estate listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of City. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of City and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing City’s name or trademarks without the express written consent of City. Any unauthorized use terminates the permission or license granted by City. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of City so long as the link does not portray City, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any City logo or other proprietary graphic or trademark as part of the link without express written permission. Any other use of this site is prohibited, including, but not limited to, use of any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate:
1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of information;
3. any encouragement of illegal activity or commit illegal activities;
4. the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. unauthorized use or disclosure of private, personally identifiable information of others; or
6. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the City Web Site, which it may have from time to time, through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Conditions of Use. We also reserve the right to deny access to the City Web Site or any features of such site to anyone who violates these Conditions of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of City or licensed by the City and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. This material shall not be used for any purpose other than authorized in this Agreement or by the written consent of City. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web Site and prevent unauthorized copying of the Contents. Except as provided in this Notice, City does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
DISCLAIMER OF WARRANTY
The information on this Web Site does not constitute endorsement of a particular builder, developer, real estate development, product, service, supplier or vendor. Listing of real estate or services, or any entity on this site is not a warranty by City of the quality or efficacy of care, products or services furnished by a particular vendor, entity or any service provided by a developer, builder or supplier. You expressly agree that use of this Web Site is at your sole risk. All information provided is for demonstration purposes only and your reliance on such information as at your sole risk. Neither City, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials provided on this site.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, City does not warrant reliability of any statement or other information displayed or distributed through the site. City reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. City may make any other changes to this site, the Materials and the real estate, information, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. CITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CITY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. ALL INFORMATION IS PROVIDED FOR DEMONSTRATION AND INFORMATIONAL PURPOSES AND SHALL NOT BE CONSIDERED, BUSINESS, TAX, OR LEGAL ADVICE IN ANY WAY.
LIMITATION OF LIABILITIES
YOU AGREE THAT CITY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL CITY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER CITY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless City, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
PRIVACY POLICY
City’s Privacy Policy governing the use of information that City obtains from you through your use of this Web Site is available on this Web Site. To view the Privacy Policy please click here.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
RISK OF LOSS
If the City sells any items from this Web Site, the items you purchased from City are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
INTENDED FOR USERS OVER AGE 18
You must be 18 years of age or older to submit any information via this Web Site or to send any information to the City’s contact information provided by this Web Site. While individuals under the age of 18 may utilize the Web Site, they may do so only with the involvement of a parent or legal guardian. It is assumed that if an individual under the age of 18 uses this Web Site or submits any information via this Web Site that the individual’s parent or legal guardian has agreed to the terms of this Agreement.
TERM AND TERMINATION
Without limiting its other remedies, City may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this site links to Web Sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by City. The content, accuracy, opinions expressed, information provided, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by City. City does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by City. Links do not imply that City or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of City or any of its affiliates or subsidiaries. Except for links to information authored by City, City is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon or rely on information provided on those sites, you do so at your own risk. City reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. City makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes with City arising out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and you with respect to this Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and City with respect to this 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue 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.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. City does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web Site, including, but not limited to, any consent you give to receive communications from City solely through electronic transmission. You agree that when in the future you may click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.