Terms and Conditions of Use
PLEASE READ THESE ONLINE TERMS AND CONDITIONS OF USE (THE
"AGREEMENT") CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING
MATERIALS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE
TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE
THIS WEBSITE.
Ownership of Website
JBC Property
Management, Inc. (the "Company") is the owner of this website
(the "Website"). This Website contains information, including,
without limitation, all text, graphics, photographs, graphs,
sounds, data, images, audio, page headers, software (including
HTML and other scripts), buttons, video, and other icons, and
the arrangement and compilation of this information
(collectively, the "Information") that is either owned or
licensed by Company. You may download, view, copy and print the
Information incorporated into this Website solely for your
non-commercial use.
Use Restrictions
As a condition of your
use of this website, you will not use this website for any
purpose that is unlawful or prohibited by these Terms and
Conditions of Use or to facilitate unfair competition with the
Website. You may not use this Website in any manner that could
damage, disable, overburden, or impair any Company server, or
the network(s) connected to any Company server, or interfere
with any other party's use and enjoyment of this Website. You
may not attempt to gain unauthorized access to any portions of
this Website, other accounts, computer systems or networks
connected to any Company server, 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 this Website. You agree to
use the Website and Information for lawful purposes only. You
agree not to post or transmit any information through the
Website which (1) infringes the rights of others or violates
their privacy or publicity rights, (2) is unlawful, threatening,
abusive, defamatory, libelous, vulgar, obscene, profane,
indecent or otherwise objectionable, (3) is protected by
copyright, trademark or other proprietary right without the
express written permission of the owner of such right, (4) which
is used to unlawfully collude against another person in
restraint of trade and competition, (5) contains unauthorized or
malicious software such as viruses. You shall be solely liable
for any damages resulting from any infringement of copyright,
trademark or other proprietary right, or any other harm
resulting from your use of the Website or Information.
Linking
You may not use any of
Company's proprietary logos, marks, or other distinctive
graphics, video, or audio material in your links, without the
Company’s express written permission, which the Company may
withhold in its sole discretion. You may not link in any manner
reasonably likely to 1) imply affiliation with or endorsement or
sponsorship by Company; 2) cause confusion, mistake, or
deception; 3) dilute Company's trademarks or service marks; or
4) otherwise violate state or federal law. In addition, you may
only link to the home page of the Website, unless otherwise
authorized in writing by Company. This Website may contain
links to other Websites. These links are provided for
informational purposes only, and Company does not sponsor or
affiliate with any linked entity unless expressly stated.
Company makes no representations and assumes no responsibility
for your use of links provided on the Website.
Passwords
You may be issued an account number and password or other
positive identifier to utilize certain portions of this Website.
You are entirely responsible for maintaining the
confidentiality of your password. Furthermore, you are entirely
responsible for any and all activities that occur under your
account. You agree to notify Company immediately of any
unauthorized use of your account or any other breach of
security. Company will not be liable for any loss that you may
incur as a result of someone else using your password, either
with or without your knowledge. However, you could be held
liable for losses incurred by Company or another party due to
someone else using your password.
Delays in Services
The Company shall not
be liable for any loss or liability resulting, directly or
indirectly, from delays or interruptions due to electronic or
mechanical equipment failures, telephone interconnect problems,
defects, weather, strikes, walkouts, fire, acts of God, riots,
armed conflicts, acts of war, or to other like causes beyond the
reasonable control of Company. Company shall have no
responsibility to provide you access to the Website while
interruption of the Website due to any such cause shall
continue.
Termination
Termination or
cancellation of this Agreement shall not affect any right or
relief to which Company may be entitled, at law or in equity.
Upon termination of this Agreement, all rights granted to you
will terminate and revert to Company. This Agreement shall
remain in full force and effect unless terminated or canceled
for any of the following reasons; 1) upon thirty (30) days
written notice by either party of its intent to terminate this
Agreement; 2) immediately by Company for any unauthorized access
or use by you, including, without limitation: (i) concurrent
access to a restricted portion of the Website with identical
account numbers; (ii) permitting another person or entity other
than the person to whom the account number and password was
assigned by Company to use your account number and password to
access the Website; or (iii) any other access or use of the
Website except as expressly provided in this Agreement; 3)
immediately by Company if you assign or transfer (or attempt the
same) any rights granted to you under this Agreement; 4)
immediately, if you fail to abide by the rules and regulations
relating to the use of, or tamper with or alter any of the
Information contained in, or accessed through, the Website; 5)
immediately, if you transmit or receive any Information using
the Website (or cause the same) in violation of this Agreement
(Company, at its sole discretion, shall determine whether any
information transmitted or received violates this provision); or
6) immediately, if you violate any of the other terms and
conditions of this Agreement.
Monitoring
You acknowledge that
Company reserves the right to, and may from time to time,
monitor any and all Information transmitted or received through
the Website. Company, at its sole discretion and without
further notice to you, may (but is not obligated to) review,
censor or prohibit the transmission or receipt of any
Information which Company deems inappropriate or that violates
any term or condition of this Agreement. During monitoring,
Information may be examined, recorded, copied, and used for
authorized purposes. Use of the Website, authorized or
unauthorized, constitutes consent to such monitoring.
Limited Warranty
You acknowledge that
the Information and links provided through the Website are
compiled from sources which are beyond the control of Company.
Though such Information is recognized by the parties to be
generally reliable, the parties acknowledge that inaccuracies
may occur, and that Company and its licensors do not warrant the
accuracy or suitability of the Information. FOR THIS REASON,
YOU ACKNOWLEDGE THAT THE WEBSITE AND INFORMATION ARE PROVIDED TO
YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. COMPANY AND ITS
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY
VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED
WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, COMPANY AND
ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR
INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR
NEEDS. Under this Agreement, you assume all risk of errors
and/or omissions in the Website and Information, including the
transmission or translation of Information. YOU HEREBY ASSUME
ALL RESPONSIBILITY (AND THEREBY HOLD COMPANY HARMLESS), BY
WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR
DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR
FUNCTION.
Limitation
of Liability
You assume full responsibility for implementing sufficient
procedures and checks to satisfy your requirements for the
accuracy and suitability of the Website and Information, and for
maintaining any means which you may require for the
reconstruction of lost data or subsequent manipulations or
analyses of the Information provided under this Agreement. YOU
AGREE THAT COMPANY AND ITS LICENSORS (INCLUDING ITS AND THEIR
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES OR CONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE
FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR
ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITY
SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH
LIABILITY IS AND SHALL BE LIMITED TO $50.00 AS LIMITED DAMAGES
AND NOT AS A PENALTY EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY
SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Indemnification
YOU SHALL RELEASE AND
SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS LICENSORS
AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND REPRESENTATIVES (THE "COMPANY PARTIES") FROM AND AGAINST ANY
AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES,
FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S
FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND,
CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT
ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS
AGREEMENT OR YOUR ACCESS OR USE OF THE WEBSITE OR INFORMATION,
EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR
CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR
OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY,
INCLUDING BUT NOT LIMITED TO THE COMPANY PARTIES.
Privacy
The Company Website
does not collect any personally identifying information about
you except when you expressly provide it. You agree that
Company can use your personal identifying information for
editorial, promotional, or marketing purposes, unless you
request that your information not be used in such manner.
Please see our Privacy Policy for more details.
Modification
Company reserves the
right to modify the terms and conditions of this Agreement.
Such modifications may include, without limitation,
implementation of user priorities, implementation of rules for
use by you, and discontinuance of functional aspects of the
Website. Company may also add, withdraw or modify Information
within the Website or services provided through the Website at
any time in its sole discretion. All such modifications shall
be displayed online, and such display shall constitute effective
notice under this Agreement on the day Company places them on
the Website. You agree to review the terms and conditions of
this Agreement periodically to be aware of such revisions.
No
Conflicting Terms
If there is any conflict between this Agreement and any help
text, manuals, or other documents, this Agreement shall govern,
whether such other documents are prior to or subsequent to this
Agreement, or are signed or acknowledged by any member of the
Company Parties.
Attorney's Fees
If Company takes
action (by itself or through its representatives) to enforce any
of the provisions of this Agreement, including collection of any
amounts due hereunder, Company shall be entitled to recover from
you (and you agree to pay), in addition to all sums to which it
is entitled or any other relief, at law or in equity, reasonable
and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue
This Agreement shall
be governed by the laws of the State of Michigan, excluding any
rule or principle that would refer to and apply the substantive
law of another state or jurisdiction. To the extent allowed by
applicable law, any claims or causes of action arising from or
relating to your access and use of the Website or Information
contemplated by this Agreement must be instituted within two (2)
years from the date upon which such claim or cause arose or was
accrued. Further, any such claim or cause of action shall be
brought exclusively in the state or federal courts located in
Macomb County, Michigan, and you agree to submit to the
exclusive personal jurisdiction of such courts and hereby
appoint the Secretary of State of Michigan as your agent for
service of process. You agree to waive any objection that the
state or federal courts of Macomb County, Michigan, are an
inconvenient forum.
Severability
Whenever possible,
each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if
any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity without invalidating
the remainder of such provision or the remaining provisions of
this Agreement. Any unenforceable provision will be replaced by
a mutually acceptable provision which comes closest to the
intention of the parties at the time the original provision was
agreed upon.
Copyright, Patent and Trademark Notice
Copyright 2008-2024
JBC Property Management, Inc. All rights reserved. The Website
and Information is the valuable, exclusive property of Company
or its licensors and nothing in this Agreement shall be
construed as transferring or assigning any such ownership rights
to you or any other person or entity. The Information is
protected by contract law and various intellectual property
laws, including domestic and international copyright laws.
Except as permitted in this Agreement, you may not copy, adapt,
distribute, commercially exploit, or publicly display the
Information or any portion thereof in any manner whatsoever
without Company's prior written consent. You may not remove,
alter or obscure any copyright, legal or proprietary notices in
or on any portions of the Information. Company, and its
associated logos, and all page headers, custom graphics,
buttons, and other icons are service marks, trademarks,
registered service marks, or registered trademarks of JBC
Property Management, Inc. All other product names and
company logos mentioned on the Website or Information are
trademarks of their respective owners.
Assignments
You may not assign any of your rights, obligations, privileges,
or performance hereunder without the prior written consent of
Company. Any assignment by you shall be null and void for all
purposes.
Notice and Procedure for Copyright Infringement Claim
Company, 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 the Website
or Information 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. Company 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), Company has implemented procedures for
receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. Company’s
designated agent to receive notification of claimed infringement
is:
JBC Property Management, Inc.
Attn: Legal Department
13486 Canal Road
Sterling Heights, MI 48313
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark
or other proprietary right, should be sent to the Company
designated agent, listed above, and must include the following
information:
(a)
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.
(b)
Identification of the copyrighted work claimed to have
been infringed.
(c)
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 us to locate the material.
(d)
Information to enable us to contact you, such as your
address, telephone number, and/or electronic mail address.
(e)
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.
(f)
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.
Entire Agreement
THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE
TO IT BY ACCESSING OR USING THE WEBSITE OR INFORMATION. THIS
AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES,
AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND
COMPANY.
Trademarks
The trademarks,
service marks and logos listed below (the "JBC Marks") are the
property of JBC Property Management, Inc. No license or right
to use any of the JBC Marks is granted whether by implication or
otherwise, and use of any of the JBC Marks is strictly
prohibited unless authorized in writing by JBC Property
Management, Inc. All inquiries regarding the JBC Marks or
whether any other name, trademark, service mark or logo is the
property of JBC Property Management, Inc. should be directed to
JBC Property Management, Inc., Attn: Legal Department,
13486 Canal Road, Sterling Heights, MI 48313. Other brands, product
names, trademarks, service marks and logos appearing on this
Website are the property of their respective owners.
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