Pewabic and its affiliates (“Pewabic”) provide its Website, www.pewabic.org (the “Website”), and its related services to you subject to the following notices, terms and conditions (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the Website. Your continued access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you must not use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Pewabic and shall be of no force or effect.

Any rights not expressly granted herein are reserved to Pewabic.

Modifications and Update

CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THESE TERMS OF USE. PEWABIC MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE AT ANY TIME AND AT ITS SOLE DISCRETION.

The most current version of these terms can be reviewed by clicking on the “Terms & Conditions” link located at the bottom of each page of Pewabic’s Website. These notices, terms and conditions are subject to change in the sole and absolute discretion of Pewabic. All updates, enhancements, new features and/or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Website constitutes your continued acceptance to all such notices, terms and conditions as modified.

Use of Website

Pewabic may, in its sole discretion and without notice, deny any person access to the Website or any portion of the Website. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden or impair any Pewabic server or interfere with any other party’s use or enjoyment of the Website and services offered through the Website. You may not attempt to gain unauthorized access to other’s accounts, information, computer systems or networks connected to the Pewabic server or to any of the services or products offered via the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

This Website, any portion of this Website and any information, software, products or services may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Pewabic. Pewabic reserves the right to refuse service, terminate account(s) and/or take other actions in its discretion, including, without limitation, if Pewabic believes that conduct violates applicable law, is harmful to the interests of Pewabic or its affiliates for any other reason. Pewabic further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

You agree that you will not:

  1. permit any third party to use the Website,
  2. use the Website in the operation of a service bureau, or
  3. sublicense the use of the Website to third parties.

Availability of this Website or particular information or services is subject to change without notice.

Validity and Accuracy Of Data

PEWABIC DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY PEWABIC IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. PEWABIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION.

THE WEBSITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. PEWABIC DOES NOT ASSUME THE RESPONSIBILITY TO MONITOR OR EDIT SUCH POSTINGS. PEWABIC DISCLAIMS ALL RESPONSIBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD PEWABIC RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.

Children Under 18

Pewabic does not collect seek to collect information from or provide information or services to people under the age of 18. If you are under 18, you may use the Website only with involvement of a parent or guardian. Pewabic reserves the right to refuse service, terminate accounts, remove or edit content, or take other actions in its sole discretion.

Inappropriate Content

While Pewabic may provide a mechanism for “tagging” adult or other inappropriate content in both files and links, Pewabic assumes no responsibility for the accuracy or completeness of such tagging, nor does this Website feature imply any obligation on the part of Pewabic to censor such content either automatically or manually. While Pewabic respects the right of individuals to free expression, Pewabic cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.

Content License

When you provide Pewabic any content, including, but not limited to, articles, photographs and videos, you grant Pewabic the right to use that content for all purposes. You agree that if you provide Pewabic with your name and/or image of yourself that Pewabic shall have the right to use your name and/or image in connection with promoting, advertising or marketing Pewabic’s services associated with the Website. You agree that Pewabic is under no obligation to:

  1. maintain any of your materials in confidence;
  2. to pay to you or any user any compensation for any such materials; or
  3. to respond to any of your or any other user’s materials. You represent and warrant to Pewabic that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to Pewabic.

If you provide Pewabic with any articles to be posted on the Website (“Work Product”), then you grant a license to Pewabic to display and use all Work Product without charge.

Links to Third Party Sites

Pewabic may contain links to other websites (“Linked Sites”). If you go to any Linked Sites, you may be leaving the Website. Unless otherwise indicated, Pewabic is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Pewabic and Pewabic is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Pewabic does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Pewabic is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Pewabic. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.

Linking to Pewabic

Linking to Pewabic from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Pewabic’s content. A Linking Site shall not create a frame, browser or border environment to Pewabic’s content and a Linking Site shall not imply that Pewabic is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Pewabic, shall not provide false information about Pewabic’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Pewabic or others. Linking Sites shall abide by any and all applicable laws.

Limitation Of Warranties

THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PEWABIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, PEWABIC AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PEWABIC DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.

Limitation of Damages

IN NO EVENT SHALL PEWABIC AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM PEWABIC THROUGH THIS WEBSITE.

Limitation of Liability

PEWABIC’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).

Release and Indemnification

You release Pewabic (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Website. If you are a California resident, you waive California Civil Code §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.” You will indemnify and hold Pewabic (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

Copyright

All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Pewabic, are the property of Pewabic and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY PEWABIC IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Pewabic and is protected by United States and international copyright laws. All software used on this site is the property of Pewabic or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Pewabic pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.

Copyright Infringement Policy

You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Pewabic, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Pewabic accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Pewabic has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Pewabic in a written complaint that complies with the requirements below and is delivered to Pewabic’s designated agent to receive notification of claimed infringement:

By mail:

Pewabic
10125 E Jefferson Ave
Detroit, MI 48214

By phone:

(313) 626-2000

Contact Pewabic by e-mail by filling out the contact form.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

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

Information reasonably sufficient to permit Pewabic to contact you, such as your address, telephone number, and/or electronic mail address.

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 or other proprietary right owner, its agent, or the law.

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 or on behalf of the person defamed.

Trademarks

“PEWABIC” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website is the sole property of Pewabic. Pewabic’s trademarks may not be used in connection with any product or service that is not owned by Pewabic in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pewabic. Any trademarks not owned by Pewabic that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Pewabic or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

Severability

If any provision of these terms, conditions and notices is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all remaining provisions will remain in full force.

Resolution of Disputes

These Terms of Use shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions. You and Pewabic agree that Pewabic will resolve any claim or controversy at law or equity that arises out of your use of the Website (a “Claim”) in accordance with one of the subsections below or as you and Pewabic otherwise agree in writing.

Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website.
Arbitration Option
For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
  2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All Claims you bring against Pewabic must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Pewabic may recover actual attorneys’ fees and costs.

Privacy

See Pewabic’s Privacy Policy relating to the collection and use of your information.