Terms of Use
ChannelNet offers you access to this Web site based strictly on the terms contained
in this Agreement. By accessing or using http://www.channelnet.com/ in any way,
including, without limitation, use of any service, downloading of any materials,
or merely browsing the site, you agree to and are bound by the Terms of Use contained
herein. ChannelNet may modify this Agreement at any time. Amended terms are effective
upon being posted. You should, therefore, review this Agreement from time to time.
Your access and use of this Web site after the effective date of amended terms means
that you have accepted the amended terms. This Agreement cannot be otherwise amended
except in a writing signed by both you and Web site.
Entire Agreement
This Agreement constitutes the entire agreement between you and ChannelNet and supercedes
all prior agreements and understandings, whether written or oral, with respect to
the subject matter of this Agreement. If any term, provision, covenant or restriction
of this Agreement is held by a court of competent jurisdiction or other authority
to be invalid, void, unenforceable or against public policy, the remainder of this
Agreement shall remain in full force and effect and the unenforceable portion will
be construed in accordance with applicable law as nearly as possible to reflect
the original intentions of the parties.
Force Majeure
ChannelNet will not be liable in any amount for failure to perform under this Agreement
if such failure is caused by power outages, Internet outages, communications outages,
fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other
unforeseen contingency beyond the control of ChannelNet.
Applicable Law
This Agreement shall be construed and governed by the laws of the State of Michigan,
United States of America and not by the application of choice of law principles
or the laws of any other state or country. You agree that the federal and state
courts located in Washtenaw, County, Michigan shall have exclusive jurisdiction
and venue over any action brought to enforce the rights and obligations in or arising
from this Agreement and each of the parties irrevocably submits to the jurisdiction
of such courts.
Indemnification
You agree to indemnify ChannelNet and its officers, directors, owners, independent
contractors, employees, agents and affiliates for and from any loss by reason of,
in any way relating to, or arising out of: (a) your use of this Web site and any
violation of any law, rule or regulation arising out of such use; (b) any misuse
of information, including email addresses and email content arising out of or relating
to your use of this Web site; and (c) any violation of this Agreement.
Limitation of Liability
NEITHER CHANNELNET NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEB
SITE OR THE INABILITY TO GAIN ACCESS TO THIS WEB SITE. YOU AGREE THAT, IN NO EVENT
SHALL WEB SITE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES,
AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM
ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR
EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE OR THE USE OF THE
SERVICES THROUGH THIS WEB SITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY
OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEB SITE NEGLIGENCE. IN ANY EVENT,
CHANNELNET’S LIABILITY TO YOU IS LIMITED TO $100.00. This Section shall survive
any termination of this Agreement.
Disclaimers
THIS WEB SITE IS PROVIDED BY CHANNELNET ON AN “AS IS” BASIS AND THE USE OF THIS
WEB SITE IS ENTIRELY AT YOUR OWN RISK. CHANNELNET MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY
WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
WEB SITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination
of this Agreement.
Export Restrictions
United States export laws and regulations restrict the exportation and/or re-exportation,
through downloading or otherwise, into certain embargoed countries, including Cuba,
Iraq, Libya, North Korea, Iran and Syria. By downloading from this Web site, you
are representing that you are not located in any of the prohibited countries.
Links
As a convenience, this Web site may contain links to other Internet sites that are
owned and operated by third parties. By offering you these links, ChannelNet is
not endorsing any of the other sites and Web site has no responsibility for the
content of third party sites. You access linked sites at your own risk.
Prohibited Activities
This Web site provides you an opportunity to provide feedback and share your ideas.
- You may not place any content on this Web site that, in ChannelNet’s sole determination,
is:
- Fraudulent, false or misleading
- Harassing
- Illegal, abusive or threatening
- Infringing of the copyrights and trademarks of others
- Sexually explicit
- Obscene or pornographic
- Defamatory or libelous
- Is or may be harmful to minors
- You may not use this Web site for any commercial or political advertisements,
solicitations or promotions.
- You may not upload any destructive programs such as viruses and/or self-replicating
code or take any other actions to harm this Web site.
- You may not send unsolicited email messages, including junk mail and chain letters,
to any other user of this Web site.
- You may not solicit passwords or other personal information from any other users
of this Web site.
Privacy
All information you provide in accessing and using this Web site may be used by ChannelNet as described in our Privacy Policy, which is included as a part of this Agreement.
Copyright & Trademarks
All of the content included on this Web site, including the text, graphics, logos, icons, screens and configurations, is the property of ChannelNet or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this Web site is the property of ChannelNet or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this Web site. Any use of the content or software on this Web site other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.