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Conditions of Use

© 2007 Michigan Geocaching Organization 
All rights reserved.

No portion of this web site or its pictured products may be reproduced in any form, or by any means, except as authorized below, without prior written permission.

(Terms of Use last updated October 20, 2007)

1. Acceptance of Terms Through Use

WELCOME TO OUR WEB SITE. BY ACCESSING THIS WEB SITE ("SITE"), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF USE." THE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND THE MICHIGAN GEOCACHING ORGANIZATION AND ARE INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THEY HAD BEEN SIGNED BY THE PARTIES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that Michigan Geocaching Organization reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, Michigan Geocaching Organization reserves the right to seek all remedies available in law and equity for such violations.

2. Title and Ownership

All right, title and interest in and to the Site and to the content and other information and materials available on this Site (collectively the "Materials") are proprietary to Michigan Geocaching Organization and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by Michigan Geocaching Organization and its suppliers.

3. Limited License to Use Site

The Materials at this Site are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out or download on a single computer, one copy of the Materials found on the Site for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Michigan Geocaching Organization in writing or as allowed by any license terms which accompany or are provided with individual Materials. The above notwithstanding, if you are a commercial user of Michigan Geocaching Organization products you may print out and use a reasonable number of copies of Materials related to those specific Michigan Geocaching Organization products solely in connection with your authorized use of such products.  This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

4. Termination of this License

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site.

5. Products and Services

Michigan Geocaching Organization's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Michigan Geocaching Organization through this Site that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.  The return / replacement of defective items is covered under our shipping and returns policy.

6. Password-Protected Areas and Access

Certain services available through this Site may be accessed from password-protected areas only. Access to and use of any such service from a password protected area is restricted to authorized users only who have met the qualifications required by Michigan Geocaching Organization, in its sole discretion, for use thereof. Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such password-protected area. In the event of a conflict between these Terms of Use and provisions contained in any such separate agreement applicable to a specific service available through this Site, you agree that the latter shall be controlling. Distribution of a password to any person or entity not authorized to use the password is prohibited and will result in immediate removal of the password holder's rights to access this Site in whole or in part.

7. Copyright and Trademark Information

All graphics of coins on this site are Copyright Michigan Geocaching Organization and/or its partners and subsidiaries.  Any questions concerning their use, or whether a trademark that does not appear on this list is a trademark of Michigan Geocaching Organization should be referred to our support department at store@mi-geocaching.org

8. General Disclaimer and Limitation of Liability

Although Michigan Geocaching Organization has attempted to provide accurate information on this Site, Michigan Geocaching Organization assumes no responsibility for the accuracy of the information or Materials; nor does Michigan Geocaching Organization warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. Michigan Geocaching Organization may change the Materials or products mentioned at any time without notice. Mention of non-Michigan Geocaching Organization products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL MICHIGAN GEOCACHING ORGANIZATION OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY MICHIGAN GEOCACHING ORGANIZATION PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GCC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. User Communications

Michigan Geocaching Organization does not wish to receive confidential or proprietary information from you through our Site, except as may be necessary to enable us to provide products or services requested by you. Please note that other than personal identifying information required for such purposes, use of which is governed by Michigan Geocaching Organization's online Privacy Statement, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. By submitting User Communications to this Site you: (i) agree that Michigan Geocaching Organization and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, unless Michigan Geocaching Organization has by another writing agreed to limit its use thereof; (ii) agree that Michigan Geocaching Organization is free to use any ideas, concepts, know-how or techniques that you send us for any purpose; and (iii) warrant and represent that the public posting and use of your User Communications by Michigan Geocaching Organization will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.

10. Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

Michigan Geocaching Organization reserves the right to remove Materials or discontinue services available on this Site with or without notice. Michigan Geocaching Organization further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

11. Links to Third Party Sites

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. Michigan Geocaching Organization does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. Michigan Geocaching Organization provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

12. Linking to the Michigan Geocaching Organization Web Site

Generally, Michigan Geocaching Organization does not require third parties to request permission to place a link on their Web site to a Michigan Geocaching Organization Web page. Michigan Geocaching Organization does not ordinarily object to such links if you refer to our company name or product names in a plain text font and format, follow our general trademark guidelines, and use appropriate wording such as "Visit The Michigan Geocaching Organization" or "Checkout the MiGO Store" .  By placing a link on your web site to a Michigan Geocaching Organization web page, however, you agree to promptly remove such link at Michigan Geocaching Organization's request. The link may only connect web pages, and shall not connect to individual text files (e.g., PDF, DOC) or graphics. Framing is not permitted. You may not use the Michigan Geocaching Organization corporate logo or any other Michigan Geocaching Organization logo, graphic or trademark to link to Michigan Geocaching Organization, except as part of a Michigan Geocaching Organization authorized linking and logo use program, or as otherwise agreed to in writing by Michigan Geocaching Organization. For information on Michigan Geocaching Organization authorized linking and logo use programs, you may contact store@mi-geocaching.org

13. Indemnification

Upon a request by Michigan Geocaching Organization, you agree to defend, indemnify, and hold harmless Michigan Geocaching Organization and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. Michigan Geocaching Organization reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Michigan Geocaching Organization in asserting any available defenses.

14. International

This Site is administered by Michigan Geocaching Organization from its offices in the United States of America. Michigan Geocaching Organization makes no representation that Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

15. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan and applicable United States federal law, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the County of Oakland; and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

16. General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and Michigan Geocaching Organization with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and Michigan Geocaching Organization with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by Michigan Geocaching Organization. The failure of Michigan Geocaching Organization to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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