Effective Date: July 1, 2023

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

INTRODUCTION AND OVERVIEW

Welcome! You have arrived at www.ilitchnewshub.com (“Ilitch News Hub” or “Website”) and/or are otherwise interacting with our Service (defined below), which is owned and operated by Ilitch Holdings, Inc., and/or related or affiliated entities (collectively “IHI,” “we,” “us,” or “our”). These Terms of Service (“General Terms”) govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms (“Site”), except when we refer only to our mobile apps (in which case an “App”), and also applies to all features, widgets, plug-ins, applications, content, downloads and other services that we own and control and make available through a Site, and/or that post or link to these Terms (collectively, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. These Terms do not apply to sites or services of third parties that may interact with our Service or that operate IHI branded sites under license and contract to which we may link.

By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By using the Service, and subject to applicable law, you further agree that IHI may change, alter, or modify the settings or configurations on your Device (defined below) to allow for or optimize your use of the Service.

You should read these entire Terms; but here is a partial list of some of the terms. Capitalized terms have the meanings given to them as defined in these Terms.

• Each time you use the Service, these Terms, and any applicable Additional Terms (defined below), then posted apply (subject to Section 16, so you should check back each time you return for any updates).
• You may only use the Content (defined below) on the Service in connection with your permitted activities on the Service and not in an offline environment or in connection with another site or service. (Section 1 and Section 3). You grant us a broad license to any User-Generated Content (defined below in Section 2).
• Except as set forth in the Privacy Policy that applies to the Service, you and we do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Service or your communications to us through or related to the Service. (Section 2)
• You consent to our Privacy Policy and our practices detailed in it.
• Subject to applicable law, many types of disputes that may arise in connection with your access to and use of the Service may be subject to mandatory arbitration – which includes your waiver of a right to a jury trial and to class action relief. (Section 12)
• We are providing the Service to you on an “as-is” basis, without any warranty of any kind, and our liability to you in connection with your use of the Service is very limited. Many other limitations and disclaimers relate to your use of the Service. (Section 13 and Section 14)

If you want to use the Service, then carefully read these entire Terms, as they constitute a written agreement between you and us and they affect your legal rights and obligations. If you are under the age of majority, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.

Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with the Terms and any Additional Terms (defined below) then posted (subject to Section 16). Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Service’s Privacy Policy, which you accept by using the Service.

1. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
2. CONTENT

The Service contains a variety of: (i) materials and other items relating to IHI and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of IHI (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).

1. OWNERSHIP

The Service (including past, present, and future versions) and the Content are owned or controlled by IHI and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of IHI or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. IHI owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.

1. LIMITED LICENSE

Subject to your strict compliance with these Terms and the Additional Terms, IHI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (i) to download (temporary storage only of web site and a single Device download and storage of the mobile app), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of your User-Generated Content (“IHI Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the IHI Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such IHI Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in IHI’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or IHI Licensed Elements, subject to certain Additional Terms.

1. RIGHTS OF OTHERS

In using the Service, you must respect the intellectual property and other rights of IHI and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. IHI respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 5 and Section 6 below.

2. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
3. USER-GENERATED CONTENT

(I) GENERAL

IHI may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding any content and/or IHI Licensed Elements included therein, “User-Generated Content”). IHI may allow you to do this through forums, blogs, message boards, social networking environments, content creation tools, game play, social communities, contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

(II) NON-CONFIDENTIALITY OF YOUR USER-GENERATED CONTENT

Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) IHI does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon IHI’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.

In your communications with IHI, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, IHI retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. IHI’s receipt of your Unsolicited Ideas and Materials is not an admission by IHI of their novelty, priority, or originality, and it does not impair IHI’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(III) LICENSE TO IHI OF YOUR USER-GENERATED CONTENT

Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you hereby grant to IHI, and you agree to grant to IHI, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sub license (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. To further effect the rights and license that you grant to IHI to your User-Generated Content, you also hereby grant to IHI, and agree to grant to IHI, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, or remuneration for any of the rights granted in this Section 2(A)(iii).

(IV) EXCLUSIVE RIGHT TO MANAGE OUR SERVICE

IHI may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and IHI may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 2(B). Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display (see Section 17(K).

(V) REPRESENTATIONS AND WARRANTIES RELATED TO YOUR USER-GENERATED CONTENT

Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant IHI the rights to it that you are granting by these Terms and any Additional Terms, all without any IHI obligation to obtain consent of any third party and without creating any obligation or liability of IHI; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to IHI’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

(VI) ENFORCEMENT

IHI has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at IHI’s cost and expense, and to the extent permitted under applicable law, you hereby consent and irrevocably appoint IHI as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

1. COMMUNITY USAGE RULES

As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).

(I) NATURE OF RULES

Your participation in the Communities is subject to all the Terms, including these Rules:

• Your User-Generated Content. All your User-Generated Content either must be original with you or you must have all necessary rights in it from third parties to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to IHI. (For example, if someone has taken a picture of you and your friend, and you submit that photo to IHI as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
• No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
• Act Appropriately. All your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
• Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
• Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
• Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security or social insurance number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by IHI and with the consent of that other person.
• Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.

If you submit User-Generated Content that IHI reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.

(II) YOUR INTERACTIONS WITH OTHER USERS; DISPUTES

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all your other online activities.

1. ALERTING US OF VIOLATIONS

If you discover any content that violates these Terms, then you may report it to us via email at NewsHub@IlitchHoldings.com. For alleged infringements of intellectual property rights, see Section 5 and Section 6 below.

3. SERVICE AND CONTENT USE RESTRICTIONS
4. SERVICE USE RESTRICTIONS

You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products), provided that this is not intended to limit the use of our Service by our franchisees for express purposes the Service is made available to them; (ii) use any metatags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to IHI; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, IHI, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.

1. CONTENT USE RESTRICTIONS

You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the IHI Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of IHI or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

1. AVAILABILITY OF SERVICE AND CONTENT

IHI may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in IHI’s sole discretion, and without advance notice or liability.

1. RESERVATION OF ALL RIGHTS NOT GRANTED AS TO CONTENT AND SERVICE

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by IHI and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

4. ACCOUNTS AND PROFILES
5. ACCOUNTS

IHI may now or in the future allow or require you to create an account or profile to access the Service or certain features of the Service. The Service’s practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Policy. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Service or submit personal information to us.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that (1) is already in use, (2) may impersonate another person, (3) belongs to another person, (4) violates the intellectual property or other right of any person or entity, or (5) is offensive, and we may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, continuously and promptly update such information to ensure that it is at all times, accurate, current, and complete; (iii) you are solely responsible for all activities (including purchases and redemptions) that occur under your account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your account, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security (See Section 7); and (vi) you will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

1. PROFILES

You may be provided the opportunity to create a user profile (“Profile”) on our Service, or parts of it. Profiles are treated as User-Generated Content, may be publicly available to other users, and are not allowed to include any form of prohibited User-Generated Content, as outlined in Section 2(A) above and in our Rules. Without limiting the foregoing, Profiles may not be used to offer anything for sale or conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests or other promotions absent our prior written consent. We may offer you the ability to set preferences relating to your Profile, or Service activities, (e.g., choices about what is displayed to whom) but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for users’ Profile material.

Profiles may only be set up by an authorized representative of the individual that is the subject of the Profile. We do not review Profiles to determine if they were created by an appropriate party, and we are not responsible for any unauthorized Profiles on the Service. If there is any dispute as to whether a Profile has been created or is being maintained by an authorized representative of the individual who is the subject of that Profile, then we will have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to accounts, Profiles, or any portion thereof, at any time without notice.

5. PROCEDURE FOR ALLEGING U.S. COPYRIGHT INFRINGEMENT
6. DMCA NOTICE

IHI will respond appropriately to notices of alleged U.S. copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a U.S. copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) U.S. copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:

• a legend or subject line that says: “DMCA Copyright Infringement Notice”;
• a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
• your full name, address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
• your electronic or physical signature.

IHI will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

• By Mail: 2211 Woodward Ave, Detroit, MI 48201
• By E-Mail: NewsHub@IlitchHoldings.com
• By Fax: (313) 471-6490

It is often difficult to determine if your copyright has been infringed. IHI may elect to not respond to DMCA Notices that do not substantially comply with all the foregoing requirements, and IHI may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting IHI’s other rights, IHI may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by IHI.

1. COUNTER-NOTIFICATION

If access on the Service to a work that you submitted to IHI is disabled or the work is removed because of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, e-mail address, and the username of your account;
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Michigan), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

6. PROCEDURE FOR ALLEGING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY
7. INFRINGEMENT NOTICE

If you own intellectual property other than a U.S. copyright and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:

• a legend or subject line that says: “Intellectual Property Infringement Notice”;
• a description of the intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
• your full name, address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
• your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to IHI regarding any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

1. COUNTER-NOTIFICATION

If access on the Service to a work that you submitted to IHI is disabled or the work is removed because of an infringement notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a counter notification to the addresses above. Your counter notification should contain the following information:

• a legend or subject line that says: “Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, e-mail address, and the username of your account;
• for persons who are not a resident of Quebec, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Eastern District of Michigan), and that you will accept service of process from the person who provided notification to us or an agent of such person; and
• your electronic or physical signature.

Please note that if you knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a counter notification, then we may replace the material that we removed (or stop disabling access to it). You should also be aware that we may forward the counter notification to the party who sent us the infringement notice.

7. NOTICES, QUESTIONS, COMPLAINTS AND CUSTOMER SERVICE

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) to the extent permitted under applicable law, we may contact you by mail or e-mail sent to the address provided by you. All legal notices to us must be sent to: 2211 Woodward Ave, Detroit, MI 48201

If you have a question or complaint regarding using the Service, you may contact IHI by sending an e-mail to NewsHub@IlitchHoldings.com or by mail sent to: 2211 Woodward Ave, Detroit, MI 48201. You acknowledge that the provision of customer support is at IHI’s sole discretion and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and may pass your inquiries to our franchisee and/or corporate stores to respond to you.

8. TYPOGRAPHICAL ERRORS

We do our best to describe every offer made on this Service as accurately as possible. However, we are human, and therefore we do not warrant that the content on the Service is complete, accurate, reliable, current, or error-free. We reserve the right to change, add to or withdraw content on the Service.

9. LINKS BY YOU TO THE SERVICE

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with IHI or cause any other confusion, and (c) the links and the content on your website do not portray IHI or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to IHI. IHI reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

10. THIRD-PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES; TERMS APPLICABLE FOR APPLE IOS
11. THIRD-PARTY CONTENT AND SITES; ADVERTISEMENTS

The Service may contain third party plug-ins and/or applications, and/or links to third-party platforms, websites or other services that are not owned, controlled or operated by IHI, and the Service may also include links to third-party ads on the Service or otherwise, and to or from third-party websites and other services (collectively, “Third-Party Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with IHI. IHI may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and IHI does not assume any obligation to review any Third-Party Services. IHI does not necessarily endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, IHI is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services. Finally, IHI will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. IHI disclaims all liability in connection therewith.

1. DEALINGS WITH THIRD PARTIES

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements or the provision of delivery services) are solely between you and the third party, even if IHI collects any fee on behalf of such third parties. This includes issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like. IHI disclaims all liability in connection therewith. If you have a complaint about any interaction, correspondence, transaction, or other dealing you had with any third parties found on or through the Service, you may contact IHI via email at NewsHub@IlitchHoldings.com. IHI may, in its sole discretion, attempt to resolve the complaint, but IHI is under no obligation to resolve any issues between you and any third party.

1. TERMS APPLICABLE FOR APPLE IOS.

If you are accessing or using the Service through an Apple Device, Additional Terms and conditions located here apply and are incorporated into the Terms by this reference.

1. To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and IHI and, that Apple, Inc. ("Apple") is not a party to these Terms other than as third-party beneficiary as contemplated below.
2. The license granted to you in Section 1 of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
3. You acknowledge that IHI, and not Apple, is responsible for providing the Service and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and IHI, IHI, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
9. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
10. Your use of real time route guidance on the Service is at your sole risk. Location data may not be accurate.
11. WIRELESS ACCESS, MESSAGES, LOCATION-BASED FEATURES AND DEVICE ACCESS AND SETTINGS
12. WIRELESS FEATURES

The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”).

1. TERMS OF WIRELESS FEATURES

You agree that as to the Wireless Features for which you are registered for, or that you otherwise download, enable or use, to the extent permitted by applicable law, we may send communications via such features or apps to your wireless Device regarding us or other parties (e.g., chat, push notifications and in-Service messaging). Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify IHI of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. If the Service includes push notifications or other mobile communication capability, to the extent permitted by applicable law, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your Device through your Device settings, if available. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.

1. E-MAIL MESSAGES

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions; if your unsubscribe request or opt-out is limited to certain types of emails, the unsubscribe request or opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to unsubscribe or opt-out from receiving our marketing communications.

1. LOCATION-BASED FEATURES

If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us via an App by uninstalling the App. The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, personal injury, or severe physical or property damage. Location-based / geo-location services are used at your own risk and location data may not be accurate.

1. DEVICE ACCESS AND SETTINGS

By using the Service, you agree that IHI may change, alter, or modify the settings or configurations on your Device to allow for or optimize your use of the Service. For instance, our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device; saving App images, sound files and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network. You consent to these activities by installing the App or otherwise using the Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.

12. DISPUTE RESOLUTION

Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act. You and IHI agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 12 can only be amended by mutual agreement. All matters arising under or related to this Section 12 shall be conducted exclusively in the English language.

1. FIRST – TRY TO RESOLVE DISPUTES AND EXCLUDED DISPUTES

If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of IHI’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 12.D, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 12.A. Your notice to us must be sent to: 2211 Woodward Ave, Detroit, MI 48201. For a period of sixty (60) days from the date of receipt of notice from the other party, IHI and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or IHI to resolve the Dispute or Excluded Dispute on terms with respect to which you and IHI, in each of our sole discretion, are not comfortable.

1. FORUMS FOR ALTERNATIVE DISPUTE RESOLUTION

(I) ARBITRATION

If we cannot resolve a Dispute as set forth in Section 12.A within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section 12.B. If we cannot resolve an Excluded Dispute as set forth in Section 12.A within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and IHI consent, in a writing signed by you and an Officer or legal representative of IHI, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section 12.B.

Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has acclaimed value of more than $250,000, or if IHI elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and IHI do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section 12.B(i), then this paragraph and the remainder of this Section 12.B will not apply to the Excluded Dispute.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of IHI consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:

AAA: 800.778.7879           JAMS: 949.224.1810

http://www.adr.org/           http://www.jamsadr.com/

(II) NATURE, LIMITATIONS, AND LOCATION OF ALTERNATIVE DISPUTE RESOLUTION

In arbitration, as with a court, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident, or nearest to your place of residence at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require IHI to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then IHI will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.

1. LIMITED TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 12.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

1. INJUNCTIVE RELIEF

The foregoing provisions of this Section 12 will not apply to any legal action taken by IHI to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or IHI’s intellectual property rights (including such IHI may claim that may be in dispute), IHI’s operations, and/or IHI’s products or services.

1. SMALL CLAIMS MATTERS ARE EXCLUDED FROM ARBITRATION REQUIREMENT

Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 12.G.

1. NO CLASS ACTION MATTERS

Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 12.B(i) holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 12.G.

1. FEDERAL AND STATE COURTS IN DETROIT

Except to the extent that arbitration is required in Section 12.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Detroit, MI. Accordingly, you and IHI consent to the exclusive personal jurisdiction and venue of such courts for such matters.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by applicable law, Ilitch Holdings, Inc. and its subsidiaries and affiliated entities, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “IHI Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

1. a) the Service (including the Content and the User-Generated Content);
2. b) the functions, features, or any other elements on, or made accessible through, the Service;
3. c) security associated with the transmission of your User-Generated Content transmitted to IHI or via the Service;
4. d) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
5. e) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
6. f) whether any defects to or errors on the Service will be repaired or corrected;
7. g) whether your access to the Service will be uninterrupted;
8. h) whether the Service will be available at any particular time or location; and
9. i) whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A IHI PARTY, IHI PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FORGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (i) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY IHI PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD OR PROVIDED BY IHI PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (ii) LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY IHI PARTIES TO THE EXTENT NOT WAIVABLE UNDER APPLICABLE LAW; OR (iii) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST IHI PARTIES THAT IS NOT WAIVABLE UNDER APPLICABLE LAW.

14. LIMITATIONS OF OUR LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY IHI PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

1. a) the Service (including the Content and the User-Generated Content);
2. b) your use of or inability to use the Service, or the performance of the Service;
3. c) any action taken in connection with an investigation by IHI Parties or law enforcement authorities regarding your access to or use of the Service;
4. d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
5. e) any errors or omissions in the Service’s technical operation; or
6. f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if IHI Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IHI PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID IHI IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

FOR PURPOSES OF CLARITY, THIS SECTION DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT TERMS THAT ARE PROVIDED TO YOU BY IHI PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD OR PROVIDED BY IHI PARTIES TO YOU OR LIABILITY FOR DIRECT DAMAGES FOR PERSONAL INJURY CAUSED BY A PHYSICAL PRODUCT SOLD OR PROVIDED BY IHI PARTIES TO YOU.

15. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY IHI (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF IHI.

16. UPDATES TO TERMS

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, governs such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement will continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you given us (if applicable), both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

17. GENERAL PROVISIONS
18. IHI’S CONSENT OR APPROVAL

As to any provision in these Terms or any Additional Terms that grants IHI a right of consent or approval, or permits IHI to exercise a right in its “sole discretion,” IHI may exercise that right in its sole and absolute discretion. No IHI consent or approval may be deemed to have been granted by IHI without being in writing and signed by an officer of IHI.

1. APPLICABLE LAW

These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of Michigan in the United States of America, without regard to its conflicts of law provisions.

1. INDEMNITY

You agree to, and you hereby, defend, indemnify, and hold IHI Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any IHI Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) IHI Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by IHI Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, IHI Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. IHI Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a IHI Party.

1. OPERATION OF SERVICE; AVAILABILITY OF PRODUCTS AND SERVICES; INTERNATIONAL ISSUES

IHI controls and operates the Service from its U.S.-based offices in the U.S.A., and IHI makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

1. EXPORT CONTROLS

Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into(or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls, including as set forth in subsections (i) – (iii) above.

1. SEVERABILITY; INTERPRETATION

If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and do not limit the full Terms.

1. ELECTRONICCOMMUNICATIONS AND CONTRACTING

When you communicate with us electronically, such as via email, you consent to receive communications from us electronically. We will try to promptly respond to all inquiries, but we are not obligated to do so. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically agree, consent or transact with us via the Service, that act will be deemed to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Service, other than to read the Terms and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.

1. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT; TERMINATION; SURVIVAL

You agree that IHI has the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) use and/or disclose any information obtained by IHI in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to IHI under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from IHI, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to IHI in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

1. ASSIGNMENT

IHI may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of IHI.

1. NO WAIVER

No failure or delay by IHI in exercising any of its rights, powers or remedies will operate as a waiver of that or any other right, power or remedy, and no waiver or modification of these Terms or any Additional Terms will be effective as to IHI unless in writing and signed by IHI.

1. CALIFORNIA CONSUMER RIGHTS AND NOTICES

California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 800.952.5210 or (916) 445-1254. Their website is located at: http://www.dca.ca.gov.

Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at 2211 Woodward Ave, Detroit, MI 48201 making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

1. CONNECTIVITY

You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service providers, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.