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Website Terms of Use PDF Print E-mail

This Terms of Use Agreement (this "Agreement") is executed by and between user ("you" or "your") and The Arts Alliance ("Arts Alliance" or "we") and governs the use of www.A3Arts.org ("Website"). Arts Alliance maintains this Website as a service to our customers and the general public. Please review the following terms and conditions carefully. By clicking "I Accept", below, you are accepting and agreeing to be bound by each of the terms and conditions contained in this Agreement. If you do not agree to these terms and conditions, please do not use or access this Website.

Arts Alliance offers you access to this Website based strictly on the terms and conditions contained in this Agreement. You understand and acknowledge that Website may modify this Agreement and/or any of its terms and conditions at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and Arts Alliance.

I. COPYRIGHT & TRADEMARKS: All of the content included on this website, including the text, graphics, logos, music, sound, photographs, graphics, icons, screens and configurations, messages or other materials displayed or made available through the Website is and shall remain the sole property of Arts Alliance or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this website is the property of Website or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights in and to any content, document or other materials viewed through the Website, and you do not acquire any ownership rights by printing, posting or downloading any information or using this Website. The posting of information on the Website does not constitute a waiver of any right in such information and materials. Any use of the content or software on this Website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

II. ORDERING INFORMATION: By placing an order through this Website, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current, complete and true. Your order is not final until it has been accepted by Website through an e-mail acceptance notice to your e-mail address. Arts Alliance or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or to the Website as a whole, and you agree to pay all such fees and charges. You (and not Arts Alliance) are solely responsible for the payment of any applicable taxes that may arise from your order. Arts Alliance reserves the right to change the amount of, or basis for determining to amount of, any fees and to institute new fees effective upon prior notice to you. If you provide credit, debit or charge card information relating in any way to your use of this Website, upon registration or other, or in connection with the purchase of any product or service offered for sale through the Website, you agree to give Arts Alliance permission to charge all fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Arts Alliance for any reason, including charge back, Arts Alliance reserves the right to either suspend or terminate your account . You acknowledge that any order placed with a third party through website is a transaction with that third party and not with Website

III. PRIVACY: All information you provide in accessing and using this Website may be used by Website and Arts Alliance as described in our Privacy Policy , which is included and made a part of this Agreement.

IV. PROHIBITED ACTIVITIES: This Website provides you an opportunity to provide feedback and share your ideas. Arts Alliance strives to provide an enjoyable online experience for our users, so we reserve the right, in our sole discretion, to screen any content submitted by you and to edit, move, delete, and/or refuse to accept any content on the Website.

A. You may not place any content on this Website that, in Arts Alliance's sole determination, is:
• Fraudulent, false or misleading
• Harassing
• Illegal, abusive or threatening
• Infringing of the copyrights and trademarks of others
• Sexually explicit
• Obscene or pornographic
• Defamatory or libelous
• Is or may be harmful to minors
• SPAM
B. You may not use this Website for any commercial or political advertisements, solicitations or
Promotions, other than approved postings related to art in Washtenaw County.
C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any
other actions to harm this Website or Arts Alliance.
D. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Website.
E. You may not solicit passwords or other personal information from any other uses of this Website, nor may you use the password or other personal information of another user.

Arts Alliance does not warrant and does not guarantee that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) apparent statements of fact will be authenticated.

V. LINKS: As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Website is not endorsing any of the other sites and Website has no responsibility for the content of third party site. You expressly agree to access linked sites at your own risk.

VI. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY ARTS ALLIANCE ON AN "AS IS" BASIS AND THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK ARTS ALLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARTS ALLIANCE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VII. LIMITATION OF LIABILITY: NEITHER ARTS ALLIANCE NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL ARTS ALLIANCE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU HEREBY EXPRESSLY AGREE TO RELEASE ARTS ALLIANCE AND ANY OF ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEBSITE NEGLIGENCE. IN ANY EVENT, ARTS ALLIANCE'S LIABILITY TO YOU IS LIMITED TO $100.00. WEBSITE SHALL NOT BE LIABLE FOR ANY TRANSACTIONS BETWEEN THIRD PARTIES TAKING PLACE ON THIS WEBSITE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VIII. INDEMNIFICATION: You agree to indemnify Arts Alliance and its officers, directors, owners, independent contractors, employees, agents, licensors and affiliates, and to defend and hold each of them harmless, for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website; and (c) any violation of this Agreement.

IX. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the exclusive jurisdiction and venue for the institution and maintenance of any and all actions for judicial relief brought to enforce the rights and obligations in or arising from this Agreement shall be in either the State courts located in Washtenaw, County, Michigan or the United States District Court for the Eastern District of Michigan (Southern Division). You hereby waive any claim that such court does not have personal jurisdiction over it or is an inconvenient forum. You agree to waive any claim against Website that is not brought within one (1) year after such claim arises.

X. FORCE MAJEURE: Website will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the reasonable control of Website.

XI. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Arts Alliance and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

 
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This Terms of Use Agreement (this "Agreement") is executed by and between user ("you" or "your") and The Arts Alliance ("Arts Alliance" or "we") and governs the use of www.A3Arts.org ("Website"). Arts Alliance maintains this Website as a service to our customers and the general public. Please review the following terms and conditions carefully. By clicking "I Accept", below, you are accepting and agreeing to be bound by each of the terms and conditions contained in this Agreement. If you do not agree to these terms and conditions, please do not use or access this Website.

Arts Alliance offers you access to this Website based strictly on the terms and conditions contained in this Agreement. You understand and acknowledge that Website may modify this Agreement and/or any of its terms and conditions at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and Arts Alliance.

I. COPYRIGHT & TRADEMARKS: All of the content included on this website, including the text, graphics, logos, music, sound, photographs, graphics, icons, screens and configurations, messages or other materials displayed or made available through the Website is and shall remain the sole property of Arts Alliance or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this website is the property of Website or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights in and to any content, document or other materials viewed through the Website, and you do not acquire any ownership rights by printing, posting or downloading any information or using this Website. The posting of information on the Website does not constitute a waiver of any right in such information and materials. Any use of the content or software on this Website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

II. ORDERING INFORMATION: By placing an order through this Website, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current, complete and true. Your order is not final until it has been accepted by Website through an e-mail acceptance notice to your e-mail address. Arts Alliance or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or to the Website as a whole, and you agree to pay all such fees and charges. You (and not Arts Alliance) are solely responsible for the payment of any applicable taxes that may arise from your order. Arts Alliance reserves the right to change the amount of, or basis for determining to amount of, any fees and to institute new fees effective upon prior notice to you. If you provide credit, debit or charge card information relating in any way to your use of this Website, upon registration or other, or in connection with the purchase of any product or service offered for sale through the Website, you agree to give Arts Alliance permission to charge all fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Arts Alliance for any reason, including charge back, Arts Alliance reserves the right to either suspend or terminate your account . You acknowledge that any order placed with a third party through website is a transaction with that third party and not with Website

III. PRIVACY: All information you provide in accessing and using this Website may be used by Website and Arts Alliance as described in our Privacy Policy , which is included and made a part of this Agreement.

IV. PROHIBITED ACTIVITIES: This Website provides you an opportunity to provide feedback and share your ideas. Arts Alliance strives to provide an enjoyable online experience for our users, so we reserve the right, in our sole discretion, to screen any content submitted by you and to edit, move, delete, and/or refuse to accept any content on the Website.

A. You may not place any content on this Website that, in Arts Alliance's sole determination, is:
• Fraudulent, false or misleading
• Harassing
• Illegal, abusive or threatening
• Infringing of the copyrights and trademarks of others
• Sexually explicit
• Obscene or pornographic
• Defamatory or libelous
• Is or may be harmful to minors
• SPAM
B. You may not use this Website for any commercial or political advertisements, solicitations or
Promotions, other than approved postings related to art in Washtenaw County.
C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any
other actions to harm this Website or Arts Alliance.
D. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Website.
E. You may not solicit passwords or other personal information from any other uses of this Website, nor may you use the password or other personal information of another user.

Arts Alliance does not warrant and does not guarantee that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) apparent statements of fact will be authenticated.

V. LINKS: As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Website is not endorsing any of the other sites and Website has no responsibility for the content of third party site. You expressly agree to access linked sites at your own risk.

VI. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY ARTS ALLIANCE ON AN "AS IS" BASIS AND THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK ARTS ALLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARTS ALLIANCE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VII. LIMITATION OF LIABILITY: NEITHER ARTS ALLIANCE NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL ARTS ALLIANCE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU HEREBY EXPRESSLY AGREE TO RELEASE ARTS ALLIANCE AND ANY OF ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEBSITE NEGLIGENCE. IN ANY EVENT, ARTS ALLIANCE'S LIABILITY TO YOU IS LIMITED TO $100.00. WEBSITE SHALL NOT BE LIABLE FOR ANY TRANSACTIONS BETWEEN THIRD PARTIES TAKING PLACE ON THIS WEBSITE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VIII. INDEMNIFICATION: You agree to indemnify Arts Alliance and its officers, directors, owners, independent contractors, employees, agents, licensors and affiliates, and to defend and hold each of them harmless, for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website; and (c) any violation of this Agreement.

IX. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the exclusive jurisdiction and venue for the institution and maintenance of any and all actions for judicial relief brought to enforce the rights and obligations in or arising from this Agreement shall be in either the State courts located in Washtenaw, County, Michigan or the United States District Court for the Eastern District of Michigan (Southern Division). You hereby waive any claim that such court does not have personal jurisdiction over it or is an inconvenient forum. You agree to waive any claim against Website that is not brought within one (1) year after such claim arises.

X. FORCE MAJEURE: Website will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the reasonable control of Website.

XI. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Arts Alliance and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

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This Terms of Use Agreement (this "Agreement") is executed by and between user ("you" or "your") and The Arts Alliance ("Arts Alliance" or "we") and governs the use of www.A3Arts.org ("Website"). Arts Alliance maintains this Website as a service to our customers and the general public. Please review the following terms and conditions carefully. By clicking "I Accept", below, you are accepting and agreeing to be bound by each of the terms and conditions contained in this Agreement. If you do not agree to these terms and conditions, please do not use or access this Website.

Arts Alliance offers you access to this Website based strictly on the terms and conditions contained in this Agreement. You understand and acknowledge that Website may modify this Agreement and/or any of its terms and conditions at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and Arts Alliance.

I. COPYRIGHT & TRADEMARKS: All of the content included on this website, including the text, graphics, logos, music, sound, photographs, graphics, icons, screens and configurations, messages or other materials displayed or made available through the Website is and shall remain the sole property of Arts Alliance or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this website is the property of Website or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights in and to any content, document or other materials viewed through the Website, and you do not acquire any ownership rights by printing, posting or downloading any information or using this Website. The posting of information on the Website does not constitute a waiver of any right in such information and materials. Any use of the content or software on this Website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.

II. ORDERING INFORMATION: By placing an order through this Website, you represent and warrant that you are 18 years of age or older and that all the information you are providing, including your e-mail address, is accurate, current, complete and true. Your order is not final until it has been accepted by Website through an e-mail acceptance notice to your e-mail address. Arts Alliance or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or to the Website as a whole, and you agree to pay all such fees and charges. You (and not Arts Alliance) are solely responsible for the payment of any applicable taxes that may arise from your order. Arts Alliance reserves the right to change the amount of, or basis for determining to amount of, any fees and to institute new fees effective upon prior notice to you. If you provide credit, debit or charge card information relating in any way to your use of this Website, upon registration or other, or in connection with the purchase of any product or service offered for sale through the Website, you agree to give Arts Alliance permission to charge all fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Arts Alliance for any reason, including charge back, Arts Alliance reserves the right to either suspend or terminate your account . You acknowledge that any order placed with a third party through website is a transaction with that third party and not with Website

III. PRIVACY: All information you provide in accessing and using this Website may be used by Website and Arts Alliance as described in our Privacy Policy , which is included and made a part of this Agreement.

IV. PROHIBITED ACTIVITIES: This Website provides you an opportunity to provide feedback and share your ideas. Arts Alliance strives to provide an enjoyable online experience for our users, so we reserve the right, in our sole discretion, to screen any content submitted by you and to edit, move, delete, and/or refuse to accept any content on the Website.

A. You may not place any content on this Website that, in Arts Alliance's sole determination, is:
• Fraudulent, false or misleading
• Harassing
• Illegal, abusive or threatening
• Infringing of the copyrights and trademarks of others
• Sexually explicit
• Obscene or pornographic
• Defamatory or libelous
• Is or may be harmful to minors
• SPAM
B. You may not use this Website for any commercial or political advertisements, solicitations or
Promotions, other than approved postings related to art in Washtenaw County.
C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any
other actions to harm this Website or Arts Alliance.
D. You may not send unsolicited e-mail messages, including junk mail and chain letters, to any other user of this Website.
E. You may not solicit passwords or other personal information from any other uses of this Website, nor may you use the password or other personal information of another user.

Arts Alliance does not warrant and does not guarantee that: (1) the Website, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) apparent statements of fact will be authenticated.

V. LINKS: As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Website is not endorsing any of the other sites and Website has no responsibility for the content of third party site. You expressly agree to access linked sites at your own risk.

VI. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY ARTS ALLIANCE ON AN "AS IS" BASIS AND THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK ARTS ALLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ARTS ALLIANCE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VII. LIMITATION OF LIABILITY: NEITHER ARTS ALLIANCE NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL ARTS ALLIANCE OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU HEREBY EXPRESSLY AGREE TO RELEASE ARTS ALLIANCE AND ANY OF ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM WEBSITE NEGLIGENCE. IN ANY EVENT, ARTS ALLIANCE'S LIABILITY TO YOU IS LIMITED TO $100.00. WEBSITE SHALL NOT BE LIABLE FOR ANY TRANSACTIONS BETWEEN THIRD PARTIES TAKING PLACE ON THIS WEBSITE. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

VIII. INDEMNIFICATION: You agree to indemnify Arts Alliance and its officers, directors, owners, independent contractors, employees, agents, licensors and affiliates, and to defend and hold each of them harmless, for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website; and (c) any violation of this Agreement.

IX. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the exclusive jurisdiction and venue for the institution and maintenance of any and all actions for judicial relief brought to enforce the rights and obligations in or arising from this Agreement shall be in either the State courts located in Washtenaw, County, Michigan or the United States District Court for the Eastern District of Michigan (Southern Division). You hereby waive any claim that such court does not have personal jurisdiction over it or is an inconvenient forum. You agree to waive any claim against Website that is not brought within one (1) year after such claim arises.

X. FORCE MAJEURE: Website will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the reasonable control of Website.

XI. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and Arts Alliance and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.

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ann arbor - chelsea - dexter - manchester - milan - saline - ypsilanti

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