3. AMO and its licensors grant to you a personal, non-exclusive, non-transferable license to (a) access, view, download, print, copy, use and display the audio and visual information, images, photographs, video, text, documents, products and other materials contained or displayed in or made available through the Site (the 'Content'); and (b) use the tools and software on the Site; solely for your own personal use. All rights not expressly granted by AMO to you are retained by AMO, and you may not use any Content in any manner or for any purpose not expressly authorized by these TOU.
4. You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Content, or the resale of the Content, is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign this license, or the Content to any third party. You also shall not create an Internet 'link' to the Site or 'frame' or 'mirror' any Content contained on, or accessible from, the Site on any other server or Internet-based device.
5. Except for the licenses granted herein, you have no right, title or interest in or to the Site or any Content of AMO, its licensors, or its information providers. AMO has and retains all proprietary rights, title and interests, including all intellectual property rights, in and to the Site and Content, including, without limitation, stories, articles, text, images, and other multimedia data.
6. 'Archived Memorials Online' and all other AMO marks and logos used in association with the Site and/or Content are trademarks of AMO. Without AMO's prior express written consent, you agree not to display, copy, redistribute or use the AMO trademarks in any manner. The names or marks of other companies and products mentioned on the Site or with the Content may be the trademarks of those companies, and AMO grants you no license, permission or authorization to reproduce or use such companies' marks.
7. In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Site. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. AMO shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any third-party.
8. AMO is not affiliated with, and AMO does not endorse or sponsor, any sites on the Internet that are linked through or to the Site. AMO provides any such links to you only as a matter of convenience, and in no event shall AMO be responsible or liable for any content, products, or other materials on or available from or through such sites.
9. You agree to abide by all applicable local, state, and federal laws, regulations, statutes, rules and ordinances, in connection with your use of the Site and Content. Without limiting the foregoing, you shall not use the Site or Content to:
(a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses;(c) transmit through or post on the Site unlawful, harassing, libelous, abusive, tortuous, defamatory, threatening, harmful, invasive of anotherï¿½s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;(d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity;(e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots;(f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;(g) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through password mining or any other means; or(h) harass or interfere with another user's use and enjoyment of the Site.
You shall indemnify, defend and hold AMO, its licensors and information
providers, and each such party's parents, subsidiaries, affiliates,
directors, employees, attorneys, and agents, harmless from and against
any and all claims, actions, proceedings, costs, damages, losses,
and expenses (including attorneys' fees and costs) arising out of or in
connection with (a) your use of the Site and/or Content; and/or
(b) your breach of these TOU and/or (c) your violation of any applicable law or right of a third party.
12. Because AMO is not and cannot be a party in your communications, interactions and/or transactions with advertisers, sponsors, third-party content providers, other users or other third parties on or through the Site, in the event that you have a dispute with one or more such third parties, you acknowledge that your sole and exclusive remedies are against such third parties. You expressly covenant not to sue AMO in association with such disputes, and hereby release AMO, its subsidiaries, affiliates, officers, directors, agents, and employees from any and all claims, demands, suits, expenses, fees (including attorneysï¿½ fees), judgments, penalties, fines and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. The site and content are provided to you on an 'as is' basis, without any representation or warranty of any kind or nature. WITHOUT LIMITING THE FOREGOING, NEITHER AMO, ITS LICENSORS NOR ANY INFORMATION PROVIDERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE AND/OR CONTENT, OR THAT THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
14. ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AMO, ITS LICENSORS, AND INFORMATION PROVIDERS. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
15. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL AMO, ITS LICENSORS OR INFORMATION PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, IN ASSOCIATION WITH THESE TOU, YOUR USE OF THE SITE AND/OR CONTENT, YOUR RELIANCE ON THE INFORMATION AND/OR MATERIALS CONTAINED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE AND/OR CONENT, AND/OR THE ACTIONS OR OMISSIONS OF AMO, REGARDLESS OF WHETHER AMO IS AWARE OF THEIR POSSIBILITY.
16. In order to ensure consistency in the interpretation and enforcement of these TOU and AMO'S rights in the Site, Content and other proprietary materials, these TOU will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between the parties related, in any way, to these TOU, the Site, the Content and/or any and all disputes, actions, claims, or causes of action related thereto shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
17. If any provision of these TOU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these TOU shall remain in full force and effect.
18. The failure of AMO to enforce any right or provision in these TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AMO in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these TOU.
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