Last modified and effective on November 17, 2020.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE LINKED HERETO, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE APPLICATION OR OTHER DIGITAL OR ONLINE APPLICATION OR SERVICE.
This website, mobile application or other digital or online application or service is operated by the Unlock Michigan Action Fund (“UMAF,” “we,” “us” or “our” ). These Terms of Service apply solely to your access to, and use of, the unlockmichigan.com/action-fund website operated by the UMAF and any other UMAF websites, mobile applications, or digital or online applications or services which link to these Terms of Service (collectively, the “Sites”). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with the UMAF for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modification to the terms and conditions will take effect immediately upon posting of the revisions on the Sites. You waive any right you may have to receive specific notice of such changes or modifications; your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to email@example.com
for information on how we collect, use and disclose information, including personally identifiable information from users of the Sites.
2. COPYRIGHT AND LIMITED LICENSE. Unless otherwise indicated on the Sites, the Sites and all content and other materials thereon, including, without limitation, the UMAF’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the UMAF or its licensors or users and are protected by U.S. and international copyright and/or other intellectual property or proprietary rights laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. This license is revocable at any time.
Any use of the Sites or the Site Materials other than as specifically authorized herein without the prior written permission of the UMAF is strictly prohibited and will terminate the limited license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications statutes and regulations.
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms.
3. REPEAT INFRINGER POLICY. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, The UMAF has adopted a policy of terminating subscribers or account holders who are deemed to be repeat infringers, in appropriate circumstances as determined by the UMAF in its sole discretion. The UMAF may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. TRADEMARKS. All logos and slogans contained in the Sites are trademarks of the UMAF, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of the UMAF or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “UMAF”, “Unlock Michigan,” or any other name, trademark or product or service name of the UMAF without the UMAF’s prior written permission. In addition, the look and feel of the Site – including all page headers, custom graphics, button icons and scripts – is the service mark, trademark and/or trade dress of the UMAF and may not be copied, imitated or used, in whole or in part, without the UMAF’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise on the Sites does not constitute or imply endorsement, sponsorship, or recommendation thereof by the UMAF.
5. HYPERLINKS. You may not use the UMAF’s trademarked logos or any other proprietary graphic of the UMAF to link to these Sites without the express written permission of the UMAF. Further, you may not use, frame or utilize framing techniques to enclose any UMAF trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without the UMAF’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the UMAF or any third party.
6. DATA COLLECTION FROM CHILDREN
The Sites comply with the Children’s Online Privacy Protection Act of 1998. We do not knowingly contact or collect personal information from children under the age of 13 without appropriate parental notice and consent, and our Services are not intended to solicit information of any kind from children under the age of 13. If we are informed that we have unintentionally received personal information from a child under the age of 13, we will delete that information. If you want to notify us of our possible receipt of information by children under the age of 13, please contact us at firstname.lastname@example.org. Please visit https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy for information from the Federal Trade Commission about protecting children’s privacy online.
7. THIRD PARTY CONTENT. We may make third-party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information, and we may provide information regarding or access to third-party products or services available on or through the Sites (“Third Party Products and Services”). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. The UMAF does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that the UMAF is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained in Third Party Products at their own risk.
8. LINKS TO AND INFORMATION ABOUT THIRD PARTY SITES. The UMAF may provide information about or links to third-party organizations on the Sites. Your dealings or correspondence with such third parties and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. The UMAF is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party information on the Site. The UMAF makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of the UMAF, and the UMAF is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The UMAF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the UMAF of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Sites. Furthermore, the UMAF may provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content.
9. SUBMISSIONS. You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or the UMAF that are provided by you in the form of email or other submissions to the UMAF, or any postings on the Sites (collectively, “Submissions”), are non-confidential and non-proprietary and shall become the sole property of the UMAF. The UMAF shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose without acknowledgment or compensation to you. By providing Submissions, you represent and warrant that: (a) you own and control all of the rights to the Submissions or you otherwise have the right to provide such Submissions to the Sites; (b) the Submissions are accurate and not misleading; and (c) use and posting of the Submissions you provide does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
10. USER CONTENT AND INTERACTIVE SERVICES OR AREAS. The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or misleading;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, advertising, or solicitations;
Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content which violates the terms of any UMAF guidelines, policies or rules posted on the Site or otherwise provided to you; and
User Content that, in the sole judgment of the UMAF, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose the UMAF or its users to any harm or liability of any type.
The UMAF takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is the UMAF liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at the UMAF’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules. As a provider of interactive services, the UMAF is not liable for any statements, representations, or User Content provided by its users in any Interactive Area.
Although the UMAF has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
The UMAF has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the UMAF to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE UMAF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, the UMAF does not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the UMAF assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The UMAF has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Except as otherwise provided, you retain ownership of all User Content you post on the Sites. However, if you post User Content to the Sites, unless we indicate otherwise, you grant the UMAF and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising and other communications in support of the UMAF and the issues, and causes it supports, without any right of compensation or attribution. You grant the UMAF and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
11. REGISTRATION DATA; ACCOUNT SECURITY. In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the UMAF, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the UMAF.
12. INDEMNIFICATION. You agree to defend, indemnify and hold harmless the UMAF, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites, your use of the Interactive Areas, or any act or omission relating to the Sites or the User Content, including without limitation any actual or threatened suit, demand or claim made against the UMAF and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
13. DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE UMAF, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE UMAF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. THE UMAF DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
THE UMAF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE THE UMAF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, THE UMAF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ANY LISTED PRICES FOR MERCHANDISE BEING OFFERED ON THE SITES IN EXCHANGE FOR A CONTRIBUTION TO THE UMAF INCLUDE APPLICABLE SALES/USE TAX.
THE UMAF IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
The UMAF reserves the right to withdraw or amend these Sites, and any service or material provided on these Sites, in our sole discretion, at any time, and without notice. The UMAF will not be liable if for any reason all or any part of these Sites is unavailable at any time or for any period. We reserve the right to withdraw or amend these Sites, and any service or material we provide on these Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of these Sites is unavailable at any time or for any period. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the UMAF.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE UMAF OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE UMAF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, PANDEMIC, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE UMAF’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE UMAF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE UMAF FOR ACCESS TO OR USE OF THE SITES.
BY USING THE SERVICES, YOU AGREE THAT YOU WILL LOOK ONLY TO THE ASSETS OF THE UMAF, AN UNINCORPORATED ASSOCIATION, FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM THE UMAF IN CONNECTION WITH YOUR USE OF THE SERVICES. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF THE UMAF OR OF ANY COMMITTEE THEREOF SHALL BE LIABLE FOR ANY SUCH OBLIGATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. TERMINATION. Notwithstanding any of these Terms of Service, at all times the UMAF reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent future your access to and use of the Sites.
17. SEVERABILITY. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
18. WAIVER. No failure to enforce by the UMAF to enforce any term or condition set out in these Terms of Service constitutes a waiver of the UMAF’s ability to enforce such term or condition in other circumstances. Further, no waiver by the UMAF of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the UMAF to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision
19. CONTRIBUTION POLICIES. All contributions to the UMAF through the Sites must be made from a contributor’s own funds, not funds provided to the contributor by another person. Contributions may not be made by any foreign national lacking permanent-resident status in the United States.
Contributions to the UMAF are not deductible for federal income tax purposes. Funds received in response to any solicitation will be subject to applicable source prohibitions.
20. CONTRIBUTION REFUND AND CANCELLATION POLICY. All contributions to the UMAF are final. Refunds and cancellations may be given at the sole discretion of the UMAF. If you believe that an error has been made in connection with your online contribution, contact us at email@example.com We will endeavor to work with you to correct any such error.
21. CONTRIBUTION CONFIRMATIONS. All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.
22. MOBILE MESSAGES. If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Sites, you expressly consent to receiving via your mobile device non-telemarketing and non-advertising text messages, including text messages sent by an automatic telephone dialing system (“ATDS” or “autodialer”), from us or a third-party contractor we have retained for their expertise in initiating and transmitting text messages. We do not charge for this SMS Service; however, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
23. QUESTIONS & CONTACT INFORMATION. Questions or comments about the Sites may be directed to the UMAF at firstname.lastname@example.org.