Disclaimer

Butzel Long

Disclaimer and Terms of Use

The Butzel Long web site (“Site”) was prepared by Butzel Long for informational purposes only. The materials contained herein (“Materials”) are not intended to, and do not constitute legal advice. Internet subscribers and online readers should not act upon this information without seeking professional counsel. You should not send any confidential information to the firm until you have received a written agreement from the firm to perform legal services on your behalf. Unless you have received such a written agreement, we will not consider any correspondence you send us as confidential. Even if you receive such an agreement, you should note that e-mail may be intercepted by others. You may wish to consider using other means to send sensitive or confidential information.

User Submissions, Site Security and Conduct

We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access.  Any unauthorized commercial use of the Site or its Materials is expressly prohibited.  You agree to comply with all applicable local, state, national and international laws and regulations and with these Terms of Use (“Terms”).  Further, by way of example and not as a limitation, you agree not to:

• use the Site in connection with chain letters, junk e-mail, SPAM or any duplicative or unsolicited messages (commercial or otherwise);
• use the Site for any spoofing, or phishing activities that would harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• upload or post unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
• upload or post any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
• upload or post any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, or any other harmful or deleterious programs;
• violate any U.S. law regarding the transmission of technical data or software exported from the United States;
• interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or
• interfere with another user’s use and enjoyment of the Site.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability.  We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.  You must take reasonable security precautions when accessing the Internet and participating in interactive websites.  You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights

The content we own, the look and feel of the Site and User Materials displayed on or through the Site are protected by intellectual property laws.  Any reproduction, modification, creation of derivative works from or redistribution of the Site, its content or the Materials posted on the Site is prohibited without our express written consent.  You further agree not to reproduce, duplicate or copy Materials without the express written consent of the owner(s) of such Materials, and agree to abide by any and all copyright notices displayed on the Site.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.

We do not undertake to examine or review messages or Materials which are accessible through, pass through, or reside on the Site. If we are informed of an alleged copyright or trademark infringement on the Site, we will attempt to notify the affected Subscriber(s) of those allegations and secure a response.  We may, at our sole discretion, remove on a temporary or permanent basis, Materials that we believe may create, constitute, or contribute to copyright or trademark infringements.  You agree not to assert any claims against us for any such removal.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at:

butzelinfo@butzel.com

Please provide the following information:

• Identify the material on the Site that you claim is infringing in sufficient detail so that can find it;
• Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;
• Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

We will remove the infringing posting(s) according to the procedures outlined in the Digital Millennium Copyright Act.

Endorsement

You acknowledge that the opinions and recommendations contained in this Site are not necessarily ours or endorsed by us.  We may provide links on the Site to other websites which are not under our control.  In general, any website which has an address (or URL) which does not contain “Butzel.com” is such a website.  These links are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Disclaimer of Warranty

WE MAKE NO WARRANTIES OF ANY KIND REGARDING THIS SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR ANY WARRANTY THAT ITS WEB PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.  WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SITE.  NO ORAL ADVICE OR INFORMATION GIVEN BY US OR OUR EMPLOYEES SHALL CREATE A WARRANTY.

Indemnity

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available on the Site, your violation of the Terms, or your violation of any rights of another person or entity.

Limitation of Liability

You agree that use of the Site is at your own risk.  UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.

Consequences of Violation of Terms

We may without notice to you, suspend your access to the Site or remove any Materials transmitted via the Site if it discovers facts that lead it to reasonably believe the Site is being used in violation of its Terms.  You must cooperate with our reasonable investigation of any suspected violation of these Terms.  We will attempt to contact you prior to suspension, however, prior notification is not assured.

Jurisdiction

This Site (excluding linked sites) is controlled by us and is headquartered in the State of Michigan.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these jurisdictions has laws that may differ from those of Michigan or the United States, by accessing this Site you agree that the statutes and laws of the State of Michigan, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site.  You agree that any dispute or claim arising out of or relating to your use of this Site or your compliance with these Terms (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.  We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with these Terms.

Amendment

The Internet continues to evolve, and the ways in which the Internet may be abused are also still evolving.  Therefore, we may from time to time amend this disclaimer and these Terms in accordance with such use and abuse.  Revised Terms are binding on you as soon as they are posted. If you do not wish to continue subscribing to Butzel.com under any revised Terms, inform butzelinfo@butzel.com at once, and your account will be closed.