If you have any questions please feel free to contact us at 734-996-2730.
We are firmly committed to the privacy of our users.
2. USE OF SITE.
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited license to access, display and use our Site and its Contents, as defined below. Our Site exists to provide you with information related to our provision of supply-chain management services. We authorize you to display, copy, distribute, download and print the information contained on our Site, including all images, designs, photographs, writings, graphs, data, and other materials (“Contents“) for your personal and non-commercial purposes only. The Contents may not be modified or reposted to other sites or for any other purpose whatsoever. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of our Site and prevent unauthorized copying of its Contents. Except as provided in this Agreement, we do not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.
3. PROHIBITED USE OF SITE.
Any use of our Site other than that stated in Section 2 is prohibited. Furthermore, you shall not use any features of this Site that permit communications to post, transmit, display or otherwise communicate:
a) any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
b) any advertisement, solicitation, spam, chain letter or other similar type information;
c) any encouragement of illegal activity;
d) unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others; or
e) any materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
4. COPYRIGHT AND TRADEMARK.
The Contents, as well as the collection, arrangement and assembly of the Contents, are the exclusive property of Above the Treeline, LLC and is protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. The trademarks on our Site may not be used in connection with any other product or service. Any use of the Contents, other than as set forth in Section 2, including reproduction for purposes of modification, distribution, or republication, without our prior written consent, is strictly prohibited. We acknowledge the rights of third parties whose trademarks or registered trademarks are referenced at our Site.
You expressly agree that use of our Site is at your sole risk. Neither we, nor our affiliates, nor any of our officers, directors, employees, agents, third-party content or service providers, or licensors (collectively, “Providers“), represent or warrant that this site will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security or currency of the Contents.
THE SITE AND THE CONTENTS, PRODUCTS AND SERVICES ASSOCIATED THEREWITH ARE PROVIDED ON AN “AS IS,” â€œWHERE AVAILABLEâ€ BASIS. WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND OUR PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY CONTENTS, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE SITE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITIES.
YOU AGREE THAT NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE CONTENT, OR OTHER PRODUCTS DERIVED FROM OUR SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL WE, OR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR ANY OF OUR PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, PRODUCTS, OR INFORMATION ON OUR SITE OR ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON OUR SITE, YOUR USE OF, OR INABILITY TO USE, OUR SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY OF THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR, INCLUDING OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS, AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU RELATED TO THE CONTENTS, PRODUCTS OR SERVICES DESCRIBED ON THIS SITE.
NEITHER WE NOR OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR PROVIDERS TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS US AND OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PROVIDERS, AND THE PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
As a condition of use of this Site, you agree to indemnify, defend and hold us and our members, officers, directors, employees, affiliates and providers harmless from and against any and all threatened or actual claims, causes of action, suits, costs, damages and expenses (including reasonable attorneys’ fees) arising out of or related in any way to your use of our Site, the Contents, the products described therein, violation of this Agreement, or of any law or regulation, or violation of any proprietary or privacy right.
8. LIMITATIONS ON CLAIMS.
Any claim, suit, or cause of action you may have with respect to your use of our Site, the products described thereupon, or the Content found thereon must be commenced within one (1) year after the claim, suit, or cause of action arises.
9. LINKS TO THIRD PARTIES.
This Site may contain links to Sites maintained by third parties. Such links are provided for your convenience and reference only. If you use these links you will leave our Site. Conversely, Sites operated by entities other than us may contain links to our Site. The linked and linking sites are not under our control and we are not responsible for the contents, software, products or services available on any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. We provide links as a convenience only. The existence of any link on our Site does not mean that we endorse, support or accept any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. We reserve the right to discontinue any linked site at any time without prior notice. Please contact the web masters of any linked sites concerning any information, goods and/or services appearing thereon.
a. Disputes. This Agreement will be governed, construed and enforced in accordance with the laws of the United States of America and the State of Michigan, without regard to its principles of the conflict of laws. Any and all litigation arising from or relating to this Agreement or the Site or the Content, the products and services offered and described thereupon will be filed and prosecuted before any court of competent subject matter jurisdiction in the State of Michigan. The parties hereto consent to the jurisdiction of such courts over them, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts. The parties further agree to the service of process by overnight courier or electronic means, including without limitation, e-mail.
b. Entire Agreement. This Agreement constitutes the entire agreement between you and Above the Treeline, LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Above the Treeline, LLC with respect to your use of our Site and information, products and services associated with them. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding anything in this Section 10(b) to the contrary, this Agreement is subordinate to, and does not supercede, any other past, present or future agreement between you and Above the Treeline, LLC including without limitation, any click-through agreement to which you assent; to the extent that this Agreement conflicts with any such agreement, then the terms of this Agreement shall be reformed so as to be consistent with such agreement.
c. Term and Termination. Without limiting its other remedies, Above the Treeline, LLC may immediately discontinue, suspend, terminate or block your and any userâ€™s access to this site at any time in our sole discretion.
d. Modifications to Agreement. We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to our Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Above the Treeline, LLC does not and will not assume any obligation to notify you of the changes.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
|Name of Agent Designated to Receive Notification Of Claimed Infringement:||NAME|
|Full Address of Designated Agent to Which Notification Should be Sent:||ADDRESS|
|Telephone Number of Designated Agent:||Phone|
|Facsimile Number of Designated Agent:||Fax|
|Email Address of Designated Agent:|
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), the Notification must include the following:
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.