Terms of Service

LAST UPDATED

April 14, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Forest Hills Cooperative, 2351 Shadowood Drive, Ann Arbor, MI 48108.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service or Services refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Website refers to Forest Hills Cooperative, accessible from https://foresthillscoop.org/
  • You or Your means the individual accessing or using the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Services and tells You about Your privacy rights and the choices You have associated with that. Please read Our Privacy Policy carefully before using Our Service.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the Content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine– or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation to refuse or remove Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.

As the Company cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property

The Service and its original Content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability & Indemnification

You agree that the Company, its officers, employees, agents, and assigns, are not liable to You for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages, (including without limitation, loss of profits, data, use, goodwill, work stoppage, computer failure or malfunction, interruption of business, or other intangible losses), resulting in any way from or in connection with (i) your Content; (ii) the Service including any errors or omissions in the technical operation or content of the Service; (iii) Your access to or use of or inability to access or use the Service; (iv) any conduct or content of any third party on the Service; (v) any content obtained from the Service; and (vi) unauthorized access, use or alteration of your transmissions or Content, regardless of whether or not We have been informed of the possibility of such damage.
You agree to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and assigns from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Your use of the Services, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

"AS IS" and "AS AVAILABLE" Disclaimer

You expressly agree that Your use of the Service is at Your sole risk. Neither Company, its officers, employees, agents nor assigns warrant that this Service will be uninterrupted or error-free; nor make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, completeness, reliability, security, or currency of the Services. The Services may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the Services. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Services. The Company may make any other changes to the Services at any time without notice. The Services are provided on an “As Is”, “Where Is”, “Where Available” and with all faults and defects without warranty of any kind basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Services, the content, or information, of the Services. To the fullest extent permissible under applicable law, Company expressly disclaims all warranties, express or implied, of any kind, with respect to the Services, the content or information on this Website or Your use of the Services generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purposes and non-infringement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. These Terms constitute a binding agreement between You and the Company and is accepted by You upon Your use of the Services. By using the Services You represent that You are capable of entering into a binding agreement, and that You agree to be bound by these Terms.

Severability and Waiver

Severability

If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver

The failure to exercise or enforce any right or provision shall not effect Company’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By mail: 2351 Shadowood Drive, Ann Arbor, MI 48108