Terms & Conditions
MIG has established the Net Neighborhood through which
local neighborhood stores, theaters, and other establishments
communicate their news, promotions and other similar
information to their consumers via pre-authorized email.
MIG provides an establishment with the ability to form
an Email Club for those consumers who wish to receive
email communication from the establishment. As a member
of an establishment's Email Club, a consumer will receive
periodic emails, usually monthly, from the establishment
informing the consumer of upcoming events and promotions
at the merchant's establishment. The Net
Neighborhood web site is designed for consumers
to access information about the establishments participating
in the The Net Neighborhood and to allow consumers to
join and opt out of Email Clubs. Consumers can also
provide information through the web site and responses
to the periodic Email Club emails to allow the services
to be customized to the consumer's interests. MIG also
maintains an informational web site with an address
at http://www.migemailmarketing.com
for establishments that may be interested in participating
in the MIG Net Neighborhood by sponsoring an Email Club.
These Terms and Conditions apply to the consumer web
site with an address at my.netneighborhood.com and the
merchant web site with an address http://www.migemailmarketing.com
(each referred to as this "Web Site").
These
Terms and Conditions will apply to your access as a
"User" of this Web Site or its related services (such
access and related services collectively referred to
as "Services"). If you have any questions that are not
answered elsewhere on this Web Site, please contact
us at emailclub@migemailmarketing.com.
We are a Delaware corporation, formed under the name
MIG, Inc.
Acknowledgement
of Terms. Please read this page carefully. By using
the Services, including accessing this Web Site, you
(sometimes also referred to as a "User") agree that
you have read and understand these Terms and Conditions
and the additional agreements on this Web Site, including
the Privacy Policy (collectively, the "Agreement"),
and that your use of the Services, including accessing
this Web Site, will be in accordance with the Agreement.
If you do not accept the terms of the Agreement, you
may not use the Web Site. The Agreement constitutes
the entire agreement between MIG and you regarding its
subject matter and supersedes and replaces any and all
prior or contemporaneous agreements between the parties
regarding such subject matter.
Agreement
Amendment. MIG may amend any or all portions of
the Agreement at any time, at its sole and absolute
discretion, without notice. Any amendment of the Agreement
will be reflected at this Web Site and will be effective
immediately upon posting of such amendment on this Web
Site. MIG encourages you to periodically review the
Agreement. Please note that continued use of the Services
constitutes acceptance of the Agreement including any
amendments thereto.
User
Eligibility. MIG supports the privacy protection
needs of children and does not intend to collect any
personally identifiable information from children. To
achieve this goal, you must be 13 or older to register
with this Web Site or submit any information to MIG.
If you do not qualify, do not use the Services. MIG
may, at its sole and absolute discretion, refuse to
accept a person's (or entity's) registration, and may,
at any time after accepting registration, refuse to
permit a User's continuing use of the Services.
Password
and Security. You are solely responsible for maintaining
the confidentiality of any User name and password and
are fully responsible for all activities that occur
under your password or account. You agree to (i) immediately
notify MIG of any unauthorized use of your password
or account or any other breach of security, and (ii)
ensure that you exit from your account at the end of
each session. MIG cannot and will not be liable for
any loss or damage arising from your failure to comply
with this provision.
Information.
"Information" is defined as any content, data, material
or work product provided by a User within MIG or to
any other User in the registration, or listing process,
or by way of any public message area, electronic mail,
postal delivery, or other communication conduit. User
and not MIG is solely responsible for verifying the
quality, accuracy, reliability, legality and completeness
of all Information. Any reliance by the User on Information
shall be at the User's sole risk. Therefore, you and
each other User are solely responsible for independently
verifying the background of other Users as well as the
nature and character of the Information received.
You
acknowledge and agree that MIG does not necessarily
pre-screen or monitor any Information (including each
User's purported identity), but that MIG or its designees
shall have the right, but not obligation, at their sole
and absolute discretion to refuse, move, or remove any
Information. If you view or receive Information that
you believe is inconsistent with this Agreement, you
may email MIG with your concerns at emailclub@migemailmarketing.com.
MIG will review such communications and take actions
deemed appropriate by MIG, in its sole discretion. MIG
will not have any liability or responsibility to Users
for any action or failure to take any action, even if
MIG has been notified that Information may not comply
with this Agreement. Without limiting the foregoing,
MIG or its designees shall have the right to remove
any Information that violates the Agreement or is otherwise
objectionable. You acknowledge and agree that your reliance
on any Information created by MIG or submitted to MIG
is at your own risk.
You
further acknowledge and agree that MIG may preserve
any Information at its sole and absolute discretion
and may also disclose such Information if required to
do so by law or in its belief that such preservation
or disclosure is reasonably necessary to (i) comply
with the legal process; (ii) enforce the Agreement;
(iii) respond to any claims that any Information violates
the rights of any other party; or (iv) protect the rights,
property or personal safety of MIG or any other person.
With
respect to all Information you provide (including any
associated copyrights, trademarks, or other intellectual
property or proprietary rights), you represent that
you are the sole owner of the Information or that you
have the right to license the Information as provided
in the following sentence. You grant to MIG the royalty
free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Information
in whole or part and/or to incorporate it in other works
in any form, media, or technology now known or later
developed.
Modifications
to Services/Information. You acknowledge and agree
that MIG may change, modify, amend, suspend or discontinue
any aspect of this Web Site, the Information or Services,
at any time, without notice and without liability to
you or any other User or to any third party. You acknowledge
and agree that MIG may place, at its sole and absolute
discretion, any limitations on Users' use of the Services
or the providing of Information. Without limiting the
foregoing, MIG may limit the maximum number of days
that Information is available, the maximum size of any
Information provided, the maximum amount of storage
space allotted to a User, and the maximum amount of
time or number of times that the Services may be accessed
during a particular time period. You acknowledge and
agree that MIG has no responsibility or liability for
the deletion or failure to store any Information contained
within this Web Site or transmitted by Users, including
you, or transmitted by MIG in connection with the Services.
You also acknowledge and agree that MIG reserves the
right to terminate accounts that are inactive for an
extended period of time.
Role
of MIG. MIG provides a venue for consumers and establishments
to develop mutually beneficial business relationships.
The Services related to this Web Site that MIG provides
include administration of a localized permission email
program on behalf of establishments. As such, MIG is
neither a principal interested in any transactions,
nor an agent of either the consumers or the establishments.
Because MIG is not a party to any transaction between
a consumer and an establishment, it does not make, and
should not be construed as having made, any representation
or warranty of any kind including, but not limited to,
any representation or warranty concerning (i) the quality,
safety, or legality of any offerings advertised; (ii)
the truth or accuracy of any representations made or
any Information provided such as with respect to any
offering, User or business; (iii) the ability of an
establishment to complete a sale in accordance with
the offering or otherwise, or in accordance with any
additional offering; or (iv) the ability of a consumer
to complete or pay for a purchase.
Release.
In the event of any dispute regarding any transaction
between a consumer and an establishment conducted through
use of the Services (a "Dispute"), you agree that MIG
shall have no liability to you, based on its role described
in the paragraph above. You hereby release MIG, its
affiliates and subsidiaries, and their respective directors,
officers, employees, agents, shareholders, co-branders,
partners, successors and assigns (the "Released Parties"),
and each of the foregoing, from any and all manner of
action, claim or cause of action or suit, at law or
in equity, and from any and all losses, damages, costs
or expenses, including without limitation court costs
and attorneys' fees, which you may have against the
Released Parties, or any of them, known or unknown,
disclosed or undisclosed, which arise out of or relate
in any way to a Dispute. If you are a California resident,
you waive the application of California Civil Code ß1542
which states: "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."
User
Conduct. You represent, warrant and covenant that:
| 1. | You shall immediately notify MIG in writing or by electronic mail of any unauthorized use of a User name or password. | | | | | 2. | You shall not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or violate or attempt to violate the security of this Web Site. | | | | | 3. | Your use of the Services including the providing of any Information shall not: | | | | | | | a. | Be false, inaccurate, misleading or incomplete, and you shall immediately correct any Information that is not accurate, reliable, legal or complete; | | | | | b. | Infringe upon any third party's copyright, patent, trademark, or trade secret rights; or rights of publicity or privacy; or other proprietary rights; | | | | | c. | Be fraudulent; | | | | | d. | Violate any local, municipal, state, provincial, national, regional, international or other law, statute, ordinance or regulation (each a "Law" and collectively "Laws"), including without limitation those governing export control, consumer protection, sending unsolicited email or "spam", unfair competition, anti-discrimination, false advertising, U.S. or international embargo or United Nations resolution with respect to any embargo; | | | | | e. | Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; | | | | | f. | Be obscene, pornographic or indecent; | | | | | g. | Create liability for MIG nor cause it to lose in whole or in part the services of its vendors, suppliers, or any other third party; | | | | | h. | Involve any collusion with any other User; | | | | | i. | Contain any viruses, "Trojan horses," "worms," "time bombs," "cancelbots" or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; and | | | | | j. | Attempt to violate or violate the security of this Web Site, including accessing data not intended for you or logging into a server or account you are not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures. | | | |
| | 4. | You shall provide your own access to the World Wide Web and pay any service fees associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem. | | | |
Termination.
MIG expressly reserves the right to terminate the use
of, or to refuse to permit the use of, one or any of the
Services by any person or entity, at the sole and absolute
discretion of MIG, for any reason or for no reason.
Taxes. You acknowledge and agree that MIG does
not collect, and shall not be held responsible for the
collection of, any sales tax, use tax, transfer tax,
or any other tax or fee which may be assessed by any
jurisdiction having taxing authority over any transaction
conducted through the Services or this Web Site. Additionally,
MIG is not responsible for the calculation of any taxes
or the reporting or remittance of any taxes to any taxing
authority. You expressly agree and warrant that you
shall comply with any and all applicable laws and regulations,
including without limitation, those with respect to
taxes. You agree to defend, indemnify, and hold harmless
MIG from and against any and all damages, penalties,
costs and expenses incurred by or imposed upon MIG resulting
from any failure by you to comply with applicable tax
laws.
Links to Third Parties. The Services and this
Web Site may provide links to the web sites or services
of others ("Third-Party Sites"). These links are provided
solely as a convenience to you and do not constitute
an endorsement by MIG of such Third-Party Sites, or
the products, content, materials or information presented
or made available by such Third-Party Sites. You acknowledge
and agree that MIG is not responsible for any damages
or losses caused or alleged to have been caused by the
use of any Third-Party Sites, or from the products,
content, material or information presented by or available
through Third-Party Sites.
Downloading and Using Information. You hereby
release MIG, its affiliates and subsidiaries, and their
respective owners, directors, officers, employees, agents,
shareholders, co-branders, partners, successors and
assigns from any and all actual or alleged damages which
may result from your downloading or using any Information.
If you are a California resident, you waive the application
of California Civil Code ß1542 which states: "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."
No Agency. You and MIG are independent contractors.
Neither party is an agent, representative, broker, employee,
franchisee or partner of the other party. The Agreement
shall not be interpreted or construed to create an association,
joint venture, agency, franchise or partnership between
the parties or to impose any partnership obligation
or related liability upon either party.
Choice of Law. The Agreement, and all questions
with respect to the interpretation of the Agreement,
shall be governed by and construed in accordance with
the internal laws of the State of Michigan and without
regard for conflict of laws provisions. You expressly
consent to personal and exclusive jurisdiction in the
state courts of Michigan, located in Oakland County,
and the Federal Court for the Eastern District of Michigan,
located in Detroit, Michigan. The parties agree that
the provisions of the 1980 United Nations Convention
on Contracts for the International Sale of Goods shall
not apply. If MIG prevails in any dispute between the
parties, it shall be entitled to its reasonable attorney
fees and litigation costs.
Indemnification. You will defend, indemnify
and hold harmless MIG, its affiliates and subsidiaries,
and their respective owners, directors, officers, employees,
agents, shareholders, co-branders, partners, successors
and assigns (collectively, the "Indemnified Parties"),
from and against any claim, loss, damage, liabilities,
judgments, fees and expenses related thereto (including,
without limitation, reasonable attorneys' fees and costs)
incurred by any of the Indemnified Parties arising from
or related to: (i) the use of the Services or any Information;
(ii) any breach or violation of the Agreement by you;
(iii) any breach of any of your representations, warranties
and covenants; or (iv) the violation of any rights of
another.
No Resale of Information/Services. You agree
not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose other than as provided herein,
any portion of the Services, use of the Services, or
access to the Services.
Proprietary Rights of MIG. You acknowledge and
agree that this Web Site, the Services, Information,
and any necessary software used in connection with the
Services ("Software") contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and
agree that the contents of this Web Site, including
the compilation and arrangement of text, graphics, images,
scripts, and any Information presented to you (collectively
referred to as the "Contents"), are protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Regardless of the extent to which the
Software and the Contents are protected by copyright
and except as expressly authorized by MIG or the provider
of the Information, you agree not to copy, modify, rent,
lease, loan, sell, distribute or create derivative works
based on this Web Site, the Services, the Software or
the Contents, in whole or in part. You must retain all
copyright and other proprietary notices contained in
the original Software or Contents on any copy you make
of the Software or Contents.
MIG grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software
on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or
to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Services
by any means other than through the interface that is
provided by MIG for doing so.
The Net Neighborhood, MIG, Your Net Neighborhood, and
any logos associated therewith are trademarks or service
marks of MIG, Inc. No display or use of such marks may
be made without the express written permission of MIG.
Other designated trademarks, service marks, tradenames
and brands are the property of their respective owners,
and may not be displayed or used without the express
written permission of the owner.
Disclaimer of Warranties. THE SERVICES AND ALL
INFORMATION MADE AVAILABLE, ARE PROVIDED ON AN "AS IS",
"WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
MIG DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS,
FEATURES OR INFORMATION CONTAINED THEREIN OR ON THIS
WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY
SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN
CONNECTION WITH THE SERVICES, WILL BE TIMELY, SECURE,
UNINTERRUPTED, VIRUS FREE, ACCURATE, RELIABLE, COMPLETE,
USEFUL OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
MIG MAKES NO WARRANTY THAT THIS WEB SITE OR THE SERVICES
WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS
ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF YOU
ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY
IS TO DISCONTINUE USING THE SERVICES. MIG MAKES NO REPRESENTATIONS
OR WARRANTIES REGARDING ANY INFORMATION, GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH USING THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM MIG OR THROUGH USE OF THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MIG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS
OR BREACHES COMMITTED BY ANY USER. ANY INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES
IS DONE AT THE USER'S OWN DISCRETION AND RISK. YOU SHALL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM MIG OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT MIG SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES AND PROFITS, GOODWILL,
USE, DATA, OR BUSINESS INTERRUPTION, INCONVENIENCE OR
OTHER INTANGIBLE LOSSES (WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT MIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY SERVICES OR INFORMATION,
INCLUDING: (i) THE USE OR THE INABILITY TO USE THE INFORMATION
OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
ITEMS AND SERVICES RESULTING FROM ANY ITEMS, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR COMMUNICATIONS
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF ANY COMMUNICATIONS OR INFORMATION; (iv) INFORMATION
OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICES PROVIDED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MIG TO YOU
FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE AGREEMENT
OR THE USE OF THE SERVICES, INCLUDING ACCESSING THIS
WEB SITE, EXCEED, IN THE AGGREGATE, ONE-HUNDRED DOLLARS
($100.00).
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY
DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN
THE AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THE
AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT
AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THE AGREEMENT AND IN THE DECISION
BY EACH PARTY TO ENTER INTO THE AGREEMENT.
THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Exclusions and Limitations. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Notices. Any notice to MIG shall be given by
both email and postal mail. The postal address is: MIG,
Attention Web Site Manager, 306 S. Washington, Suite
500, Royal Oak, MI 48067. The email address is webmaster@migemailmarketing.com.
Any notice to you shall be given by email or by postal
delivery using an address given by you. MIG is not responsible
if the notice does not arrive, nor is MIG responsible
for determining if an address you give is correct. Notice
shall be deemed given within three (3) days after the
date of the postal mailing, if such an address is used;
otherwise within twenty-four (24) hours if given by
MIG only by email.
User Privacy. MIG may use Information you provide,
including your name, mailing address, and email address,
and information obtained through your use of this Web
Site, for its internal business and marketing purposes,
and may disclose the information to third parties for
such purposes consistent with the terms of MIG's Privacy
Policy. This Web Site will be applying for certification
by TRUSTe, an organization committed to promoting trust
and the World Wide Web through the disclosure of information
practices by web site members.
Severability. If any provision of the Agreement
is held by a court of competent jurisdiction to be invalid
or unenforceable, then such provision shall be enforced
to the maximum extent permissible so as to effect the
intent of the Agreement, and the remainder of the Agreement
shall continue in full force and effect.
Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim or
cause of action brought by you arising out of or related
to the use of the Services, including accessing this
Web Site, or any Information must be filed within one
(1) year after such claim or cause of action arises,
or be forever barred.
Waiver. The failure of MIG to exercise or enforce
any right or provision of the Agreement will not be
deemed a waiver of such right or provision. No waiver
of any term of the Agreement shall be deemed a further
or continuing waiver of such term or any other term.
General. Captions are for reference purposes
only and do not define, limit, construe or describe
the extent or scope of any section.
Contacting MIG. If you have any questions about
the Agreement, the practices of this Web Site or your
dealings with this Web Site, you may contact:
Web-site Manager
MIG
306 S. Washington Ave., Suite 500
Royal Oak, MI 48067
248.544.9100
email: webmaster@migemailmarketing.com
Copyright © 2000-2002, MIG Email Marketing. All
Rights Reserved. The Net Neighborhood, Your Net Neighborhood,
Your Net Neighborhood logo, Localized Permission Email
, Localized Email, Email Club, No Tech Net, Shop Pass,
Buddy Banner, and Instant Sign Up, are the trademarks
and service marks of MIG Email Marketing. Other trademarks
and service marks used herein are the property of their
respective owners.
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