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Privacy Statement / Usage Terms and Conditions

Welcome to the Southwest Michigan Business & Tourism Directory. The mission of the Southwest Michigan Business & Tourism Directory is to represent the needs of the Internet community pertaining to Southwest Michigan and to develop contacts and share information among people worldwide, pursuant to the terms and conditions set forth below. By using our Services, and accompanying Website, whether as a visitor or as a registered Member, you are agreeing to use our Services in a manner consistent with these terms and conditions.

1. Modification of Usage Terms and Conditions of Service

The Southwest Michigan Business & Tourism Directory may change the terms and conditions of the Service, at its discretion, and shall update this Privacy Statement / Usage Terms and Conditions accordingly of such changes.

2. Privacy Statement

Your information is indeed just that, "yours." We maintain a strict privacy policy and as such, we will NOT sell, trade, rent, share, or otherwise distribute information submitted to parties unrelated to the SWMI Directory. We will not intentionally monitor or disclose any private data unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We utilize Google, as a third party vendor, to serve advertisements to you based upon your visit to our site and other sites on the Internet via what is called a "DART cookie.". You may opt out of the use of the DART cookie by visiting Google ad and content network privacy policy.

3. Eligibility

Membership is open to any Business that conducts business within "Southwest Michigan" - defined as the area from Saugatuck south to the Michigan/Indiana border and from Kalamazoo west to Lake Michigan. Membership in the Southwest Michigan Business & Tourism Directory is void where prohibited. By using this Service and accompanying Website, you represent and warrant that you have the right, authority, and capacity to enter into and to abide by all of the terms and conditions of said Service and accompanying Website.

4. Registration

Registration presumes that the users have read, understood and accepted the terms and conditions (including modifications thereto without any prior notice to the Southwest Michigan Business & Tourism Directory Members).

5. Member Registration Data

As part of the Member Registration process, you will provide contact information and a business description, all of which must be accurate and up-to-date.

When your registration is complete, you are responsible for maintaining the confidentiality of your account. You shall be fully liable for all use of your account, including any unauthorized use of your account by a third-party. You shall notify the Southwest Michigan Business & Tourism Directory of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security.

Likewise, any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for termination of your account, at the Southwest Michigan Business & Tourism Directory's sole discretion, and the Southwest Michigan Business & Tourism Directory may refer such information to appropriate law enforcement agencies. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in termination of your account.

6. Subscription Services

The Service is a subscription-based service offered by the Southwest Michigan Business & Tourism Directory.

7. Content Posted on the Website

You understand and agree that the Southwest Michigan Business & Tourism Directory may delete any content, messages, or photos (collectively, "Content") that in the sole judgment of the Southwest Michigan Business & Tourism Directory violate the Privacy Statement / Usage Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members.

You are solely responsible for the Content that you submit, publish or display (hereinafter, "post" or "posting") on the Service, or transmit to other Members.

By posting Content via e-mail or to any public area of the Southwest Michigan Business & Tourism Directory, you automatically grant, and you represent and warrant that you have the right to grant, to the Southwest Michigan Business & Tourism Directory, and other Southwest Michigan Business & Tourism Directory Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a non-exhaustive list of Content that is prohibited or illegal for you to e-mail or post on the Southwest Michigan Business & Tourism Directory Website. The Southwest Michigan Business & Tourism Directory will investigate and take appropriate legal action in its sole discretion against anyone who violates these terms and conditions, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators without a refund or deleting / blocking any profiles. "Content" shall include, but shall not be limited to:

Material that is patently offensive to the On-Line community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; any content, messages, photos or profiles that in the sole judgment of the Southwest Michigan Business & Tourism Directory violates the Usage Terms and Conditions or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members or the Southwest Michigan Business & Tourism Directory; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes any other content that is deemed to be illegal or of a prohibitory nature; uploading or providing links to obscene/pornographic/vulgar/provocative pictures or textual material; transmitting obscene/pornographic/vulgar/provocative pictures or textual material in E-mails.

You must use the Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.

You agree not to resell or make any commercial use of the Service without the express written consent of the Southwest Michigan Business & Tourism Directory.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Southwest Michigan Business & Tourism Directory Website will be investigated, and appropriate action will be taken.

Although the Southwest Michigan Business & Tourism Directory cannot monitor all activity, it is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. The Southwest Michigan Business & Tourism Directory shall not entertain any inquiries in this regard.

The Southwest Michigan Business & Tourism Directory reserves the right to use any posted or submitted photos and/or text for advertising the Southwest Michigan Business & Tourism Directory Services.

8. Proprietary Rights to Content

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail distributed, commercially produced information presented to you by the Southwest Michigan Business & Tourism Directory or Southwest Michigan Business & Tourism Directory's suppliers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

9. Member Disputes

You are solely responsible for your interactions with other Southwest Michigan Business & Tourism Directory Members. You agree and undertake that your interactions with the other Southwest Michigan Business & Tourism Directory Members is at your sole discretion and responsibility and that the Southwest Michigan Business & Tourism Directory shall not be responsible / liable for confirming the veracity of the content of other Southwest Michigan Business & Tourism Directory Members. Any action taken by you by virtue of relying on the Service offered by the Southwest Michigan Business & Tourism Directory shall be at your sole responsibility.

10. Indemnification

You agree to defend, indemnify and hold harmless the Southwest Michigan Business & Tourism Directory, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of your account and contravention of any terms and conditions herein for availing of this Service, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service and infringement of intellectual property or other rights.

11. Terms

This Agreement shall continue in full force and effect for so long as you are using the Service. The Southwest Michigan Business & Tourism Directory may terminate the Service at any time, with or without cause. The provisions of Sections 9 and 14 shall survive any such termination.

The Southwest Michigan Business & Tourism Directory reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice.

The Southwest Michigan Business & Tourism Directory shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

12. Disclaimer of Warranties

The Southwest Michigan Business & Tourism Directory is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Southwest Michigan Business & Tourism Directory Service, whether caused by users, Members or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or Member of the Southwest Michigan Business & Tourism Directory Service whether On-Line or offline. The Southwest Michigan Business & Tourism Directory does not guarantee the information posted on the Website, nor does the Southwest Michigan Business & Tourism Directory confirm the authenticity of the postings. Under no circumstances will the Southwest Michigan Business & Tourism Directory be responsible for any loss or damage resulting from anyone's use of the Website or the Service and/or any content posted on the Southwest Michigan Business & Tourism Directory Website or transmitted to Southwest Michigan Business & Tourism Directory Members.

You expressly agree that the use of the Service and/or accompanying Website is at your sole risk. The Service is provided on an "as is" and "as available" basis. The Southwest Michigan Business & Tourism Directory expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Southwest Michigan Business & Tourism Directory makes no warranty the Services will meet your requirements, or the Services will be uninterrupted, timely, secure, or error free; nor does the Southwest Michigan Business & Tourism Directory make any warranty as to the results that may be obtained through the Service or that defects in the software will be corrected. You understand and agree any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data. The Southwest Michigan Business & Tourism Directory makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, which you obtain from the Southwest Michigan Business & Tourism Directory or through the Service shall create any warranty not expressly made herein.

You acknowledge that the Southwest Michigan Business & Tourism Directory Website may contain links to other websites operated by third parties ("linked websites"). You acknowledge that the Southwest Michigan Business & Tourism Directory and its sponsors neither endorse nor are affiliated with the linked website and are not responsible for any content of any linked website or any link contained in a linked website, or any changes or updates to such websites. You also acknowledge that the Southwest Michigan Business & Tourism Directory is providing these links to you only as a convenience.

The Southwest Michigan Business & Tourism Directory does not endorse in anyway any advertisers contents on its web pages. Please therefore verify the veracity of all information on your own before undertaking reliance and actioning thereupon. The Southwest Michigan Business & Tourism Directory shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.

13. Limitation of Liability

The Southwest Michigan Business & Tourism Directory shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with this agreement or for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Southwest Michigan Business & Tourism Directory Service/Website, even if the Southwest Michigan Business & Tourism Directory has been advised of the possibility of damages. You specifically agree that the Southwest Michigan Business & Tourism Directory is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Southwest Michigan Business & Tourism Directory is not responsible for any content sent using and/or included in a Southwest Michigan Business & Tourism Directory Service/Website by any third party.

14. Miscellaneous

This agreement will be governed by and construed in accordance with the laws without giving effect to principles of conflict of laws. 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. The Southwest Michigan Business & Tourism Directory's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between you and the Southwest Michigan Business & Tourism Directory.



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