office (248)
651-2700USER AGREEMENT AND LEGAL NOTICES
TO USERS
OF ASPECT PROPERTIES WEBSITE
USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THE WEBSITE USE AGREEMENT BELOW. BY CONTINUING PAST THIS PAGE, INCLUDING THE WEBSITE USER AGREEMENT, YOU EXPRESSLY AGREE TO BE BOUND BY THAT AGREEMENT AND ITS TERMS.
Terms and Conditions of Use
Thank you for using Aspect Properties’ website (the "Web Site"), which is a service provided by Aspect Properties (“Aspect”). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. If you do not agree to these terms and conditions of use, you should indicate your rejection to us, and you may not access or otherwise use this Web Site. This Agreement governs your use of the Web Site, including but not limited to any viewing or use of any hosted communities, advertisements, and/or other message or communication facilities (collectively, "Communities"). If you do not accept any of the Terms stated here, do not use the Web Site.
Section 1. Use of Material.
(a) Aspect reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. The dates of the most recent changes in the Agreement will be posted on the Web Site. You should review this Agreement after any such changes or amendments. If you do not agree with any such changes or amendments, you should stop using the Web Site and direct the Company to cancel your right to use it. Aspect may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or content. Aspect may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability.
(b) The contents of this Web Site, including but not limited to described properties, unit availabilty, text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned or controlled by Aspect and content owned or controlled by third parties and licensed to Aspect.
(c) Aspect authorizes you to view and download Material on the Web Site solely for your use. You may not sell, transfer, distribute or modify the single copy in any way. Before making copies of downloadable items, you will destroy existing copies of such items in your possession or control. You agree that you may not maintain more than one copy of the contents of this site at any given time. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
(d) Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, publishing or creating derivative works of any content on this site is expressly prohibited without the prior written permission from Aspect or the copyright holder identified in the individual contents copyright notice. Without limiting the generality of the foregoing, you also agree not to use any robot, spider or other automated device to monitor or copy the contents of the Web Site. Also without limiting the generality of the foregoing, nothing on the Web Site may be reverse-engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language or computer language. You are expressly prohibited from framing or linking or otherwise using or displaying the Web Site in such a manner so that it appears to be part of your own or someone else's web site. You shall not deep link to any page on the Web Site or otherwise link in a manner that bypasses the Web Site home page.
(e) If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. No Warranties.
(a) Aspect doES not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ASPECT AND ITS AFFILIATES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. ASPECT AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CONFORMANCE WITH INDUSTRY STANDARDS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS OR ABOUT OR FOR THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ADVICE OR OPINIONS CONTAINED IN MATERIALS PROVIDED BY AFFILIATES AND SUPPLIERS ARE SOLELY THOSE OF THE AFFILIATE OR SUPPLIER AND ARE NOT NECESSARILY THOSE OF ASPECT.
(b)
While the materials delivered at this site are believed to be
accurate, they are intended to be part of ongoing information and as
such may not be complete unto themselves. By proceeding, the
user acknowledges that
neither ASPECT nor the preparer of any specific information accepts
any liability for the use or application of this information.
ASPECT and the preparers present the information on this Web site as a service to our users. Moreover, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link, or of the applicability of the information to a particular situation. Using this information is not a substitute for direct contact and investigation.
(c) ASPECT Does NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BDB is NOT RESPONSIBLE FOR THOSE COSTS.
(d) MUCH OF THE MATERIAL ON THE WEB SITE may be PROVIDED BY THIRD PARTIES. BDB SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.
Section 3. Limitation of Liability / Disclaimer of Damages.
(a) Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, Aspect’s Privacy Policy, or other policies, your sole remedy is to discontinue use of the Web Site.
(b) IN NO EVENT SHALL ASPECT OR ITS AFFILIATES AND SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BDB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. Communities.
(a) General. Much of the content about any Communities and the content within specific messages, comments, or other postings, is provided by and is the responsibility of the third-party creator of the material. Aspect has no responsibility for such content and are merely providing access to such content as a service to you.
(c) Permitted Uses. You agree that you are responsible for your own communications and for any consequences thereof. You agree to use any Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, 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 or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
· Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
· Post any 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 any goods or services for any commercial purpose, other than in Communities intended for such uses.
· Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses.
· Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
· Impersonate another person or entity, or 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 Posted.
· Spam or otherwise send email for purposes of unsolicited advertising or for sending a mass unsolicited message
· Restrict or inhibit any other user from using and enjoying the Communities.
· Post multiple ratings or comments for the same item in any Ratings area.
(d) No Obligation to Monitor. Aspect does not control the information delivered to or by the Communities, and Aspect has no obligation to monitor the Communities. However, Aspect 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, for any reason whatsoever, in Aspect’s sole discretion.
(e) NO ENDORSEMENT. Aspect does not endorse, support, represent, or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. Aspect also does not endorse, support, represent, or guaranty the nature or quality of any products or services mentioned or discussed in any of the Communities. You acknowledge that any reliance by you on material Posted in the Communities will be strictly at your own risk.
(f) BDB’s Rights. If Aspect discovers communications which allegedly do not conform to any term of this Agreement, Aspect may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Aspect will have no liability or responsibility for performance or non-performance of such activities. Aspect reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Web-Site are available only through the Web Site and others are available both through the Web Site and other sources, such as the Internet and Usenet, over which Aspect has absolutely no control.
(f) Confidentiality. You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself, your company, or your relatives in any Community. Aspect does not control or endorse the content, messages or information found in any Community and, therefore, Aspect specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Web Site (whether in e-mail, technical publications, chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by Aspect as confidential, that fact will be stated on those pages.
(g) License Grant. By posting communications on or through the Web Site, you hereby waive all rights to any claim against Aspect for any alleged or actual infringements of any proprietary rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
Section 5. Copyright Infringement and Copyright Agent.
(a) Aspect may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.
(b) If you believe that any of your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide Aspect’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
· an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
· identification of the copyrighted work claimed to have been infringed;
· a description of where the material that you claim is infringing is located on the Web Site;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Aspect's Copyright Agent for notice of claims of copyright infringement on the Web Site is Brian DiBartolomeo who can be reached as follows:
By mail:
Brian DiBartolomeo530 Pine Street, Suite A
Rochester, Michigan 48307
By email:
Section 6. Links to Other Sites.
The Web Site may contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by Aspect of the contents on such third party Web sites. Aspect is not responsible for the content of linked third-party sites and does not endorse, support, or make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Section 7. Indemnity.
You agree to defend, indemnify, and hold harmless Aspect, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. Aspect and all indemnified parties reserve the right, at their own expense, to participate in the defense or settlement of any claim, action or demand against you and Aspect or its affiliates, officers, directors, employees and agents or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Aspect.
Section 8. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 9. Audience and Visitors.
Aspect makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
Section 10. Jurisdiction
Aspect is headquartered in Rochester, Michigan. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Michigan if they involve Aspect. By using this Web Site, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Web Site is the Rochester Hills, Michigan District Court, or if such court lacks subject matter jurisdiction, the Circuit Court of Oakland County, State of Michigan. You hereby accept and submit to the jurisdiction of such courts in any such proceedings or actions, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such actions or proceedings brought in such courts and any claim that any such actions or proceedings brought in such courts has been brought in an inconvenient forum.
Section 11. Miscellaneous
(a) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(b) No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
(c) Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and Aspect with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Aspect.
(d) Aspect may assign its rights and duties under this Agreement to any party at any time without notice to you.
(e) Aspect Properties and certain other marks are trademarks or service marks or intellectual property of Aspect or its affiliates. Other marks used on the Web Site may be trademarks of their respective owners.
(f) The Company may terminate your use or rights to access to any or all portions of the Company Website if you breach any portion of this Website Agreement. Sections 1(b), 1(d), 1(e), Section 2, Section 3, Section 4(e), 4(g), Section 6, Section 7, Section 8, Section 10 and Section 11, and any section which by its terms and nature are meant to survive termination of this agreement, shall survive termination of this Agreement.
