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Terms and Conditions
Terms & Conditions of Use
Thank you for visiting the State of Michigan's Business One Stop System (System). Access and use of the System is subject to these terms and conditions (Agreement), as well as all applicable laws and other Michigan.gov policies. By accessing and using this System, you agree to be bound by this Agreement.
Registration Access to the System is limited to registered users. You agree that any information you provide will be complete and accurate, that you will not register under the name of, nor attempt to enter the System under the name of another person, and that you will not adopt a user name that the State, in its sole discretion, deems offensive, illegal, or infringing.
Modifications Please note that these Terms and Conditions are subject to change. Your continued use of the System after any such changes constitutes your acceptance of the new terms.
Conduct You agree to access and use the System only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the System.
You agree that you will not:
1.Use the System to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
2.Use the System to commit an offense or encourage others to engage in any conduct that would give rise to civil liability.
3.Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
4.Use the System to impersonate other parties or entities;
5.Use the System to knowingly upload, disseminate or transmit any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the State's information technology system;
6.Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
7.Alter, damage, or delete or attempt to alter, damage or delete any information posted on the System or contained in the State's information technology system;
8.Disrupt the normal flow of communication in any way;
9.Claim a relationship with or represent any business, associa tion, or other organization with which you are not authorized to claim such a relationship or represent;
10.Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
11.Post any material that infringes upon or violates the intellectual property rights of another; or
12.Collect or store personal information about others.
Information The State reserves the right to monitor, delete, move, or edit any information that you provide, but is not obligated to do so. You agree that your use of any posted information is at your own risk, including any reliance on the accuracy, completeness, or usefulness of posted information. If you provide information, you agree that the State may copy, distribute, display, publish, modify or translate any information for any purpose and in any medium without any obligation to compensate you or any third party in any way.
Accessibility Policy We are committed to providing access to all individuals, disabled or not, seeking information on Michigan's Business One Stop. For additional information reference the State of Michigan's Accessibility Policy at: http://www.michigan.gov/som/0,1607,7-192-26913-2090--,00.html
Security The State has taken a number of steps to prevent unauthorized access to information. For additional information reference the complete Security Policy at: http://www.michigan.gov/som/0,1607,7-192-26916-2301--,00.html
Other Site Links The State of Michigan has links to other web sites outside of state government which are not controlled by this Agreement. For additional information reference the complete Link Policy at: http://www.michigan.gov/som/0,1607,7-192-26915-2089--,00.html
Confidentiality/Password Protection You may create an account name and password. You are responsible for maintaining the confidentiality of your password and account information and are responsible for any actions taken using this account name and password. You must promptly notify us of any unauthorized use of your account name and password.
Termination of Use The State may, in its sole discretion, terminate or suspend your access to and use of the System without notice and for any reason, including a violation of this Agreement or other conduct which the State, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the System, and the State may use any means possible to enforce this termination. This will not prevent you from contacting the appropriate department or agency performing the regulatory function.
Indemnity To the extent permitted by law, you agree to indemnify, defend and hold harmless the State from liability, including all claims and losses, and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties), accruing or resulting to any person, firm or corporation that may be injured or damaged by you and that is attributable to the negligence or tortious acts of you or any of your subcontractors, or by anyone else for whose acts you may be liable.
Disclaimer of Warranty THE STATE OF MICHIGAN DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED, PROBLEM-FREE, FREE OF OMISSIONS, OR ERROR-FREE. THE CONTENT AND FUNCTION OF THE SYSTEM ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE STATE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability THE STATE SHALL NOT BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SYSTEM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES.
Accuracy of Data The System was developed as a service to help assist Michigan Businesses with State transactions. The State will attempt to maintain the accuracy of all information presented as of the date of publishing. If you need specific advice (for example, medical, legal, financial, or risk management) please seek a professional who is licensed or knowledgeable in that area. If you encounter an error, please contact the State at firstname.lastname@example.org
On-Line Transactions - Electronic Payment By utilizing the System, you confirm that your electronic payment will be honored by your financial institution. Payments returned for insufficient funds or any other reason will result in a hold being placed on your License, Registration, Permit, or Certification of Credential available for purchase or renewal through the System. You may be liable for any fines and/or penalties issued by the State.
Notice and Communication The State may provide e-mail notification for transaction status updates, License, Permit and Registration Renewals and other communication that are deemed appropriate to be done electronically.
By providing your e-mail address in your business profile, you are authorizing the State to send notices instead of, or in addition to, other communication methods. You are responsible for ensuring that your e-mail address is kept up to date and that messages from the State will be allowed into your e-mail account. You expressly agree to accept any notification of a data breach via your submitted e-mail address.
For security purposes, e-mail notifications will only direct users to log-in to the System for additional detail and will not contain attachments or documents.
Third Party Beneficiaries Nothing express or implied in this Agreement is intended to confer, nor will anything confer, upon any other person, any rights, remedies, obligations or liabilities. Reformation and Severability Each provision of the Agreement shall be deemed to be severable from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be declared invalid, the remaining provisions of the Agreement shall remain in full force and effect.
No Waiver of Default The failure of the State to insist upon strict adherence to any term of the Agreement shall not be considered a waiver or deprive the State of the right to insist upon strict adherence to that term, or any other term, of the Agreement.
Governing Law The Agreement shall in all respects be governed by, and construed in accordance with, the substantive laws of the State of Michigan without regard to any Michigan choice of law rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent with, or pre-empted by federal law.
Jurisdiction Any dispute arising from the Agreement shall be resolved in the State of Michigan. You consent to venue in Ingham County, Michigan, and irrevocably waive any objection you may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise.
Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, whether written or oral, with respect to such subject matter.
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