1. Carpman Grant Associates LLC, a Michigan Limited Liability Corporation (“CGA”) is the owner and developer of this Website. By accessing this Website, you are agreeing to be bound by these Terms and Conditions of Website Use (“Terms of Use”).
2. These Terms of Use may be occasionally updated, so please refer back to them in the future. By using this Website you agree to be bound by the then current version of these Terms of Use.
Intellectual Property Obligations
3. All of the information, content, services and software displayed on, transmitted through, or used in connection with this Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this Website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this Website (collectively, “Website Information”), are protected under applicable copyrights and other proprietary (including, without limitation, intellectual property) rights and are the intellectual property of CGA. CGA actively protects its rights to the Website Information to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of the Website, including the removal or alteration of advertising, except for limited rights of use granted in these Terms of Use, is strictly prohibited.
4. The Website Information includes logotypes, trademarks and service marks (collectively “Marks”) owned by CGA, and Marks owned by other information providers and third parties. No Marks may be used in any manner without CGA’s advance written permission.
5. You are permitted to use this Website for your own personal, non-commercial, non-business use and to print and download Website Information from this Website provided that you do not modify any Website Information without CGA’s written permission. You are also free to bookmark and share links directing others to this Website. Website Information must not otherwise be reproduced or republished, either online or offline, without CGA’s advance written permission.
Site Availability
6. From time to time websites encounter downtime for various reasons, including, without limitation, maintenance, server or technical issues. Therefore CGA will not be liable, in any manner, if this Website is unavailable at any time.
Visitor Conduct
7. Unless agreed to in writing by CGA, any material you send or post to this Website or send or otherwise communicate to CGA shall be considered non-proprietary and not confidential. By posting content to this Website you agree CGA will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
8. When using this Website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or
(c) which is harmful in nature including without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
9. CGA will fully cooperate with any law enforcement authorities or court order requiring it to disclose the identity or other details of any person posting material to this website in breach of paragraph 8 of these Terms of Use.
10. By posting content to this Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
11. You agree to indemnify and hold CGA, its principals, directors, officers, employees, and agents (collectively “CGA Parties” or individually “CGA Party”) harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this Website, any content you supply to this Website, or your violation of these Terms of Use or the rights of another.
Links to and From Other Sites
12. Any links to third party websites located on this Website are provided for your convenience only. CGA has not reviewed each third party website and has no responsibility for such third party websites or their content. CGA does not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, doing so is at your own risk.
13. Links to other websites may contain affiliate links. If so, we may receive a payment or commission if you purchase a particular product or take a particular action.
14. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that CGA is endorsing any services or products unless this has been specifically agreed in writing by CGA;
(b) you do not misrepresent your relationship with CGA or present any false information about CGA;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws.
15. If you choose to link to this Website in breach of these Terms of Use, you shall fully indemnify CGA for any loss or damage suffered as a result of your actions.
Disclaimer of Warranty
16. Except as expressly set forth herein, this Website and the Website Information is provided “as is” and “as available.” CGA does not warrant that the Website, the Website Information or the functions contained in the Website will be uninterrupted or error-free, that defects in the Website will be corrected, that the Website Information will meet any particular criteria of performance or quality, or that the Website, including forums or the server(s) on which the Website is operated, are free of viruses or other harmful components.
17. To the fullest extent permissible by law, CGA disclaims all express or implied warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose (whether or not the purpose has been disclosed), compatibility, security, accuracy, or non-infringement.
Limitation of Liability
18. Use of the Website and the Website Information is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of the Website Information (including without limitation software and files) accessed through or obtained by means of the Website. 19. Under no circumstances shall any CGA Party be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Website, even if any CGA Party has been advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory.
20. The total liability of any CGA Party or Parties shall be limited to the amount, if any, actually paid by you for purchase of the books “Directional Sense” and/or “Design that Cares”. You hereby release the CGA Parties, individually and collectively, from any and all obligations, liabilities and claims in excess of this limitation.
21. This Website is for informational purposes only and we do not guarantee the correctness or completeness of Website Information. We may make changes to the Website information at any time and without notice. The Website Information may be out of date, or occasionally incorrect. CGA makes no commitment to ensure that the Website Information is correct or up to date.
22. The Website Information constitutes general information and commentary only. This information does not take into account your specific circumstances and in no way constitutes wayfinding, legal, business or other advice to you.
23. You understand that all content posted to this Website is the sole responsibility of the individual who originally posted the content. You also understand that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as a representative of Website or any CGA Party.
Termination of Use
24. You agree that we may, in our sole discretion, terminate or suspend the Website or your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms.
Governing Jurisdiction
25. This Website (excluding linked sites) is controlled by CGA from its office within Michigan. The laws of Michigan, without regard to its conflicts of laws principles, apply to all matters relating to use of this Website and the Website Information. You agree to submit to the exclusive personal jurisdiction and venue of the appropriate court in Michigan to resolve any dispute concerning your use of this Website.
26. These Terms of Use, together with any other terms you agree to in connection with your use of the Website, shall constitute the entire agreement between you and CGA concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
27. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision, and CGA’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.