Intellectual Property Rights
(A) AMERIT-IT Consulting LLC’s Limited License to You.
This Site and all the materials contained on it are our
property and/or the property of our affiliates or licensors,
and are protected by copyright, trademark, and other
intellectual property laws. We provide the Site for personal
noncommercial use only. You may only use this Site and the
materials on it as authorized by us. You may not use this
Site or the materials on it in any manner that violates the
privacy rights, publicity rights, copyrights, trademark
rights, patent rights, contract rights, or any other rights
belonging to us or a third party. We reserve the right, at
any time and without notice, to suspend, cancel, or
terminate your right to use the Site (or any portion of the
Site) for violation (whether repeated or not) of copyrights
or any other rights belonging to us or a third party. Unless
authorized in these Terms of Service or by the owner of the
materials, you may not modify, copy, reproduce, republish,
upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium
(including by e-mail or other electronic means) any material
from the Site. Information about permission to reproduce or
distribute materials from the Site can be obtained by
e-mailing
info@amerit-itllc.com.
(B) Your License to AMERIT-IT Consulting LLC.
By posting or submitting any material (including, without
limitation, text, photos, and videos) to the Site, you
represent and warrant:that you are the owner of the
material, or that the owner of the material has consented to
your use; and (ii) that you are thirteen years old or older.
You will be solely responsible for any damages resulting
from any infringement of copyrights, proprietary rights, or
any other harm resulting from any uploading, posting, or
submission.
When you submit or post material, you grant to us the
royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform, and display it (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media,
or technology. This grant shall include the right to exploit
any proprietary rights in any such material. You also grant
us, and anyone authorized by us, the right to identify you
as the author of any of your postings or submissions by
name, e-mail address, or Member name, as we deem
appropriate.
(C) Notice of Copyright Infringement.
If you are a copyright owner who believes your copyrighted
material has been reproduced, posted, or distributed via the
Site in a manner that constitutes copyright infringement,
please report the violation to our designated copyright
agent by sending written notice by U.S. Mail to AMERIT IT
LLC, 3217 Hanover Dr., Milford, MI 48380-3235, Attn:
Corporate Counsel, or by email to
CorporateCounsel@amerit-itllc.com. Please note that the
contact information provided in this paragraph should only
be used for reporting suspected copyright infringement.
Contact information for other matters is provided elsewhere
in these Terms of Service or on the Site.
Please include the following information in your written
notice:
(1) a detailed description of the copyrighted work that is
allegedly infringed;
(2) a description of the location of the allegedly
infringing material on the Site;
(3) your contact information, including your address,
telephone number, and, if available, e-mail address;
(4) your statement that you have a good-faith belief that
the allegedly infringing use is not authorized by the
copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming
that the information in your notice is accurate and that you
are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright
owner or someone authorized on the owner’s behalf to assert
infringement of copyright and to submit the statement.
(D) Restrictions on Linking and Framing.
You may establish a hypertext link to the Site, provided
that the link does not state or imply any sponsorship of
your site by AMERIT-IT LLC. However, you may not frame or
inline link to any of the content of the Site, or
incorporate into another Web site or other service any of
our material or intellectual property without the written
permission of AMERIT.
(E) Message Boards and Other Interactive Features of the
Site
This Site may include interactive features, including, but
not limited to, message boards, web logs, e-mail services,
and areas that allow uploading of user-generated content
(the “Interactive Features”). You are responsible for any
material that you post on message boards or provide through
any other Interactive Features on the Site. We do not
control the messages, information, or files that you or
others may provide through the Site. This Site, including
its Interactive Features, shall be used for lawful purposes
only; you shall not:
• Engage in any conduct that, in our sole judgment,
restricts or inhibits any other user from using or enjoying
the Site.
• Post or transmit any material that violates our rights or
the rights of others, including, without limitation, privacy
rights, publicity rights, copyrights, trademark rights,
patent rights, contract rights, or any other right.
• Use the Site to impersonate any person or entity, or
falsely state or otherwise misrepresent your affiliation
with a person or entity.
• Interfere with or disrupt any servers or networks used to
provide the Site or its features, or disobey any
requirements, procedures, policies, or regulations of the
networks we use to provide the Site.
• Use the Site in an unlawful, threatening, or abusive
manner, including without limitation, to promote racism,
bigotry, hatred, or physical harm of any kind against any
group or individual.
• Gain unauthorized access to the Site, or any account,
computer system, or network connected to this Site, by means
such as hacking, password mining, or other illicit means.
• Obtain or attempt to obtain any materials or information
not intentionally made available through this Site.
• Use the Site to post or transmit any vulgar, obscene, or
otherwise objectionable information of any kind, including
without limitation, any transmissions that encourage conduct
that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any law.
• Use the Site to post or transmit any information,
software, or other material that contains a virus or other
harmful component.
• Use the Site to post, transmit, or in any way exploit any
information, software, or other material for commercial
purposes, or that contains advertising.
• Engage in advertising or commercial solicitation of any
product or service, or to solicit donations of any kind on
the Site, without our written consent.
• Gather for marketing purposes any e-mail addresses or
other personal information that has been posted by other
users of the Site.
We shall have the right, but no obligation, to monitor the
content of the message boards or other Interactive Features
to determine compliance with this Agreement and any other
operating rules we establish. We shall have the right in our
sole discretion to edit, refuse to post, or remove any
material submitted to or posted on the message boards or
other Interactive Features of the Site.
Notwithstanding this right, users shall remain solely
responsible for the content of their messages. We neither
endorse nor are responsible for the accuracy or reliability
of any opinion, advice, or statement on the message boards
or other Interactive Features of the Site, whether it is
provided by us, our employees, or a third party. Under no
circumstances will we be liable for any loss or damage of
any kind caused by reliance on information obtained through
postings on the message boards or other Interactive Features
of the Site. We are not responsible for any offensive,
defamatory, or obscene posting made on the message boards or
other Interactive Features of the Site.
We reserve the right at all times to disclose any
information we believe necessary to satisfy any law,
regulation, or governmental request, or to refuse to post or
to remove any information or materials, in whole or in part,
that in our sole discretion are inappropriate, objectionable
or in violation of these Terms of Service. We also reserve
the right to deny access to the Site or any features of the
Site to anyone who violates these Terms of Service, or who,
in our sole judgment, interferes with the ability of others
to enjoy our Web site or infringes the rights of others.
Neither we nor any third-party content provider shall assume
or have any liability for any action or inaction by us or
any third-party content provider with respect to any
conduct, communication, or posting on the message boards or
other interactive features of the Site.
(F) Registration and Passwords
To access certain features of the Site, we may ask you to
provide personally identifiable information such as your
name, e-mail address, ZIP code, and date of birth. You will
provide true, accurate, current, and complete information
about yourself for any registration form located on the
Site. If we suspect that information you provide is untrue,
inaccurate, or incomplete, we may, in our sole discretion,
suspend or terminate your account and refuse all current or
future use of the Site. Our use of any personally
identifiable information you provide to us as part of the
registration process is governed by the terms of our Privacy
Policy.
You may need a username and password to use certain features
of the Site. By registering on the Site, you agree that you
will not (i) select or use a member name or e-mail address
of another person with the intent to impersonate that
person; (ii) use a user name or e-mail address subject to
the rights of any person without authorization; (iii) use a
member name in violation of the intellectual property rights
of any person; or (iv) use a member name that we, in our
sole discretion, deem inappropriate or offensive.
You are responsible for maintaining the confidentiality of
the password and account, and are responsible for all
activities (whether by you or by others) that occur under
your password or account. You will notify us immediately of
any unauthorized use of your password or account or any
other breach of security. We assume no liability for any
loss or damage arising from any unauthorized use of your
password or account by a third party.
(G) Use of Directories
The information contained in any directories that may be
provided on the Site is provided for visitor information
only and is not to be used for marketing or telemarketing
applications. This information may not be copied or
redistributed and is provided “AS IS” without warranty of
any kind. Neither we, nor our suppliers, will be liable in
any way with regard to such information.
(H) Disclaimers
The Site may provide links to Web sites maintained by third
parties. Any information, products, software, or services
provided on or through third-party sites are controlled by
the operators of such sites and not by us or our subsidiary
companies. When you access these third-party sites, you do
so at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE
BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY
DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE
MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH EACH USER. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS,
ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR
THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR
THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO
CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.
You must provide and are solely responsible for all hardware
and/or software necessary to access the Site. You assume the
entire cost of and responsibility for any damage to, and all
necessary maintenance, repair or correction of, that
hardware and/or software. Any financial information provided
on the Site is for informational purposes only, and is not
intended for trading or investing purposes, or for
commercial use. The Site should not be used in any high-risk
activities where damage or injury to persons, property,
environment, finances, or business may result if an error
occurs. You assume any and all risk for your use of
financial information provided on the Site.
(I) Third-Party Sites
Certain sections of the Site may provide links to sites of
third parties, where you may be able to purchase online many
different types of products and services that are provided
by third parties. We are not responsible for the quality,
accuracy, timeliness, reliability, or any other aspect of
any product or service offered or provided by a third party.
If you make a purchase from a merchant on a site linked to
by the Site, the information obtained during your visit to
that merchant’s online store or site, and the information
that you give as part of the transaction, such as your
credit card number and contact information, may be collected
by the merchant. A merchant that offers or sells products or
services through the Site may have privacy and data
collection practices that are different from ours. We have
no responsibility or liability for these independent
policies. For more information about a merchant, its online
store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant’s Web site
and click on its information links or contact the merchant
directly. You agree that neither we nor our affiliates are
responsible for any damages that you incur, and you will not
assert any claims against us or them, arising from your
purchase or use of any products or services made available
by third parties through the Site.
(J) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS
MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN
IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR
AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE
LIMITED UNDER SUCH STATE LAW.)
IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED
ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER
INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS,
PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
(K) Termination
We may, at any time and without notice, suspend, cancel, or
terminate your right to use the Site (or any portion of the
Site). In the event of suspension, cancellation, or
termination, you are no longer authorized to access the part
of the Site affected by such suspension, cancellation, or
termination. In the event of any suspension, cancellation,
or termination, the restrictions imposed on you with respect
to material downloaded from the Site, and the disclaimers
and limitations of liabilities set forth in these Terms of
Service, shall survive.
(L) Other Terms
This agreement constitutes the entire agreement between us
and you with respect to the subject matter contained in this
agreement and supersedes all previous and contemporaneous
agreements, proposals, and communications, written and/or
oral. You also may be subject to additional terms and
conditions that may apply when you purchase and/or use the
products or services of a third party that are provided on
or through the Site. In the event of any conflict between
any such third-party terms and conditions and these Terms of
Service, these Terms of Service shall govern. This agreement
shall be governed by and construed in accordance with the
laws of the State of Michigan without giving effect to any
principles of conflicts of law. If any provision of this
agreement shall be found unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions. The foregoing
provisions of these Terms of Service are for our benefit and
the benefits of our affiliates, third party content
providers and licensors, and each shall have the right to
assert and enforce such provisions directly on its own
behalf.
