Legal Stuff

TERMS OF USE

Last updated:  June 12, 2012

1. Introduction
This Terms of Use Agreement (the “Agreement” and the “Terms”) is made by and [INSERT NAME OF COMPANY],  the “Company”, “Us”, “We” and “Our”), and you (“You,” “Your” or “User”).  This Agreement contains the terms and conditions that govern your access to, and use of the Company Companies website located at http://www.myworstroommate.com and any tools hosted thereon, its content, the software and the associated materials made available through this website (collectively, the “Company Website”).  The Company Website provides a collection of online resources and may allow you to access postings, messages,  text, files, images, photos, video, sounds or other materials (collectively, “Content”).

2. Agreement
By using or accessing the Company Website and its Content in any way signifies Your constructive and actual notice and knowledge of, and Your agreement to be bound by, the most current version of the Terms as posted on the Company Website and the Privacy Policy located at http://www.myworstroommate.com/legal-stuff (the “Privacy Policy”).  In no way shall this provision be construed to incorporate, acknowledge or make any recommendation regarding third-party Terms and Conditions, for example, terms and conditions that may govern Your use of any third-party website or Content. It is solely Your responsibility to ensure that Your use of any and all third-party website or Content is in compliance with any and all third-party requirements.

IMPORTANT! THESE TERMS AND ANY RELEVANT GUIDELINES GOVERN YOUR USE OF THIS COMPANY WEBSITE AND CONTENT, WHICH ARE PROVIDED BY COMPANY.  THESE TERMS AND ANY RELEVANT GUIDELINES ARE SUBJECT TO CHANGE BY COMPANY AT ANY TIME IN ITS DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT GUIDELINES EACH TIME YOU VISIT THE SERVICE WEBSITE. YOUR USE OF THIS COMPANY WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.

If you do not wish to be bound by this Agreement and its Terms, do not use or access the Company Website or the Content.

3. Restrictions on Use
You may use this Company Website only for purposes expressly permitted by this Company Website.  You may not use this Company Website for any other purpose, including any other commercial purpose, without Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co‑brand this Company Website, or (ii) frame this Company Website, or (iii) hyper-link to this Company Website, without the express prior written permission of an authorized representative of Company.  For purposes of these Terms of Use, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Company Website or content accessible within this Company Website.  You agree to cooperate with Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

4. Proprietary Information
The material and content accessible from this Company Website, and any other World Wide Web site owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all right, title, and interest in this Content.  Accordingly, such Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of this Content except as expressly provided in these Terms of Use violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Company Website.

Trademarks, service marks, and logos appearing in this Company Website are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Company Website.

You may not copy, download, modify or create derivate works, rent, lease, loan, distribute, re-use, adapt, publish, transmit, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or otherwise use or exploit any software or other works or content from the Company Website unless We have expressly allowed You to do so.  You agree that all proprietary rights, including all trademark, copyright, patent or trade secret rights, inherent in such software, works and content is owned by Us or applicable third parties.

5. Third Party Content
The Company Website and Content available through the Company Website may contain links to other web sites, which are independent of Company. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other website is at your own risk.

From time to time, Company may display or otherwise make available promotions, advertisements and/or offers provided by third-parties (“Third Party Promotions”). You understand and agree to hold Company harmless and agree that Company shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk.  Your sole remedy in connection with such Third Party Promotions will be with the third party.

6. Information or Content that You provide
Company will treat any personal information that you submit through the Company Website in accordance with its Privacy Policy located at myworstroommate.com/legal-stuff.   Company reserves the right (but does not have the obligation) to monitor use of this Company Website to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any third party material or submission.

7. We Disclaim All Obligations to You
A. Company has no obligation to check whether users are using the Company Website in accordance with this Agreement or any other agreement.

B. Under no circumstances shall Company be obligated to investigate or pursue any complaints made by a User against any other User using the Company Website or to take any other action in connection therewith, or take any action against a User for any reason, including without limitation, for violating the terms of this Agreement.  Company may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.

C. You will not be entitled to any compensation or otherwise from Us for any sums You believe to be owed to You as a result of any other User’s misconduct, unlawful behavior or otherwise, whether or not Company pursues any action against such User.  It is Your sole responsibility to resolve such issues without involving Company.

D. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Company Website for the reconstruction of any lost data.  Company does not assume any responsibility or risk for your use of the Internet.

E.   No Content is necessarily complete and up-to-date and, accordingly, should not be used to replace any written reports, statements, or notices provided by Company.  Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this Company Website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

8. Release
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of Your use of the Company Website.  If there is a dispute between participants on the Company Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

9. We Make No Warranty
YOUR USE OF THIS COMPANY WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. The Content is provided “AS-IS” and without warranties of any kind, either expressed or implied. Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not warrant that the functions or content contained in this Company Website will be uninterrupted or error-free, that defects will be corrected, or that this Company Website or the server that makes it available are free of viruses or other harmful components.  Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE WEBSITE OR ITS CONTENT. Company MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

10. Limitation on Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Company AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Company FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

11. Copyright and Intellectual Property Policy
A. Company understands the value and importance of intellectual property rights and makes every effort to respect the legitimate intellectual property rights of others.  Company does not review all of the material posted on or submitted through their website and has no responsibility for any content that you may find or access when using Company products or services, or the product or services provided on the Company Website.

Company takes all concerns related to intellectual property seriously and it is Company’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account who infringes or appear to infringes the intellectual property rights of others.

B. Notice of Copyright Infringement

If you believe that any material on this website infringes a copyright, or any valid intellectual property right, please provide the following information to Company’s DMCA Agent.

1. A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on our website;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Company’s DMCA Agent, who can be reached as follows:

By Mail: DMCA Agent RE: http://www.myworstroommate.com

___________________________

___________________________

___________________________

By E-Mail:____________________

Due to IT concerns, no attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

12. Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information, content and services accessed from this Company Website.

13. Security
You are prohibited from using any services or facilities provided in connection with this Company Website to compromise security or tamper with system resources and/or accounts.  The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Company reserves the right to investigate suspected violations of these Terms of Use.

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Company FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Company OR LAW ENFORCEMENT AUTHORITIES.

14. Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between you and Michigan arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Detroit, Michigan. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Company Website will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

 

Myworstroommate.com Privacy Policy

Last Updated: June 12, 2012

Myworstroommate.com respects the privacy of our website visitors. This website is intended for use by U.S. residents only. We believe it is important for all visitors to understand the personal information that we may collect about you and how it is used to improve our services for your benefit.
We may change this privacy policy from time to time. We will post any revised versions of this privacy policy to the website. By using our website, you consent to our privacy policy.

Collection of your Non-personal Information
Myworstroommate.com collects certain non-personally identifiable information that, alone, cannot be used to identify or contact you. Such information may include: your IP address, browser type, internet service provider, referring/exit pages, site visitation data, number of clicks, date/time stamp, and other similar information.
Myworstroommate.com will not collect any personally identifiable information about you (for example, your name, birthday, address, telephone numbers, e-mail address, occupation or the like).
Use of your Non-personal Information
All non-personally identifiable information collected by Myworstroommate.com will be used to personalize your experience on our website by orienting the web content to your locale and needs or to better manage the website. Generally, this information will continue to help us improve the website by monitoring trends and statistics regarding the use of our website. We may combine site-visitation data with your personal information in order to provide you with personalized content.
Use of Cookies
We place cookies on all website visitor hard drives to collect information on the number of visitors to our site and the number of pages viewed.
Cookies information is used only by Myworstroommate.com and is not provided to third parties. It is used to analyze website visits so that we may personalize your web content, providing information relevant to you. It is also used for website and system administration, including research and development, user analysis and business decision-making.
If you choose not to have your browser accept cookies from the Myworstroommate.com website, you will not experience a personalized visit nor will you be able to subscribe to the services offered on the site.
Ownership of Content, Permitted Use

This website is owned and operated by Myworstroommate.com. All information in any medium or format furnished by Myworstroommate.com hereunder, including text, images, data, graphics, links, captions, or other information (collectively, “Content”) is owned by Myworstroommate.com or its content providers. All Content is protected by U.S. and international copyright laws. All rights not specifically granted under this privacy policy are reserved to Myworstroommate.com.

Any Content that may be accessible from time to time via this website is licensed solely for access by you for your internal use (you may not deliver, provide access to, directly or indirectly, or otherwise make the Content available to any third parties) solely to look up information related to our products or services referenced in the website in the ordinary course of business.

You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this website. Using bots, spiders and other indexing agents to “crawl,” retrieve or copy all or any part of this website is prohibited. Without Myworstroommate.com’s prior written permission, you may not mirror or archive any Content on any server or computer, or retransmit any Content from this website, or any modified versions thereof.

Myworstroommate.com reserves the right to revoke your authorization to view, download, print and use the Content on this website at any time. Upon delivery of a termination notice by Myworstroommate.com, you agree to immediately (i) stop using this website and the Content, (ii) delete all Content (including all copies from all magnetic media) and to either destroy all copies, or at Myworstroommate.com’s request, return all such copies to Myworstroommate.com. Your use of this website and any Content shall comply with all applicable laws. Myworstroommate.com may restrict or remove your access to this website at any time, or restrict or remove the use of any Content for any reason.

Choice of Law and Jurisdiction for Ownership of Content Disputes

Any dispute arising out of or relating to this Privacy Policy shall be governed by the laws of the state of Michigan and applicable U.S. federal law. You agree to accept the exclusive jurisdiction of the state and federal courts located in Detroit, Michigan U.S.A. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language.

Contacting Us
We welcome your questions or comments regarding this privacy policy. Please contact our Privacy Officer by mail, email or fax using the contact information below. Please refer to “Myworstroommate.com Privacy” in the subject line of your communication.