Welcome to the Find Web Professionals Community, where Find Technology Group, L.L.C., (the “Company”) provided access to information and services to you subject to the following conditions. If you visit, download information or purchase services at the website (hereinafter referred to as “Site”), you hereby accept and are legally bound by all of these terms and conditions for the use of this Site. Please read them carefully.
By using this website located at the Site, you signify your Agreement to all terms, conditions and notices contained or referenced within this Site Use Agreement. If you do not agree with the terms and conditions of this Site Use Agreement, please do not use this Site.
Please be sure to check the Site Use Agreement periodically for changes, as we reserve the right to update or revise any terms or conditions herein at any time in our sole discretion.
If you use this Site, please note that you are at all times responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept full responsibility for any and all activities that occur under your account(s) or password.
The Site provides information and services to adults who can purchase with a credit card or by other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a duly authorized parent or guardian.
We reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel purchases in our sole discretion. Specific to the offering for sale, purchase, delivery and use of services, the Site does not employ or operate any office or other place of business other than those exclusively located within the State of Michigan with respect to the services offered hereby. Neither does the Site allow, or permit the temporary or permanent employment, or services of any agents, affiliates, affiliate partners, or similar such third parties, either directly or indirectly, in any other state.
Please review our Privacy Notice, which also governs your Site use in order to best understand our practices.
When you visit the Site or communicate with us electronically without limitation, you therefore consent to receive communications from us electronically without limitation.
We will communicate with you by e-mail or by posting notices on this Site. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications shall at all times be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without any limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of the Site and its Community based services.
This license strictly prohibits any resale or commercial use of this Site or its contents; any collection and use of any community member listings, descriptions, pricing information; or any derivative use of this Site or its contents; as well as any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Find Technology Group, L.L.C., who conducts business at the Site.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site without our express written consent.
You may not use any Meta Data, Micro Data, Computer Code, or any other “hidden text” utilizing the Site name, derivative names or marks, without the express written consent of a duly appointed officer of the Company.
Any unauthorized site use terminates the permission or license granted by this Site Use Agreement. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray the Site, its products or services, in a false, misleading, critical, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic or trademark as part of the link, or otherwise, without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
The Site is owned and operated by Find Technology Group, L.L.C., a Limited Liability Company domiciled within the United States of America, (otherwise referred to as “Site”, “Company”, “we,” “us,” and, “our” herein.). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by the Site only.
No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Site copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited.
Except as otherwise indicated on the Site, and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to the Site.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you as an authorized user under this Site Use Agreement.
We hereby reserve all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you, and also retain full and complete title to the Software, and all intellectual property rights therein to you.
You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of a duly appoint Company officer.
RFP’s, REVIEWS, COMMENTS, COMMUNICATIONS, AND CONTENT
Site visitors may submit and receive requests for proposals (“RFP’s”), reviews, comments and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hereby reserve the right (but not the obligation) to remove or edit such content, as it does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you hereby grant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Further, you grant us the right to use the name that you submit in connection with such content, in perpetuity. You also hereby represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you hereby indemnify the Company for any and all claims resulting from content you post or supply.
We further reserve the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility or assumes any liability for any content posted by you or any third party.
The Site attempts to be as accurate as possible in creating service descriptions. However, we do not warrant such services descriptions, nor any other content of this Site as accurate, complete, reliable, current, or error-free. We shall in no event be liable to any party with respect to any information or services provided or hereby delivered.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION, MATERIALS AND SERVICES MADE AVAILABLE IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU HEREBY ASSUME THE ENTIRE COST OF ANY AND ALL DISCOVERY ACTIVITIES AND RESULTING NECESSARY CORRECTIVE ACTIONS, IF ANY. APPLICABLE LAW MAY OR MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will the Company be liable to any party, including your state or local taxing authorities, for any direct, indirect, special, incidental or consequential fees, taxes, penalties or damages for any losses associated with the Use of the Site, the purchase of goods or services, or for any textual information, images, data, files, software or materials found within the Site, including, without limitation, any lost revenues, penalties, taxes, profits, business interruption, loss of programs or other data, even if we are expressly advised of the possibility of such damages.
RISK OF LOSS
Any and all services purchased from the Site are offered on a best efforts basis. To the extent you receive services from the Site, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, we reserve the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from the Site, of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
Any and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as “Site Content”), are the property of the Company and are protected by United States and international copyright laws.
The compilation of all content on this Site is also the exclusive property of the Site which are protected by U.S. and international copyright laws.
In addition to the copyright protection rights afforded under Federal law, the Company, together with its successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of its service or word marks.
This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of the Company, which shall not be used in any manner or form without the express written consent of a duly authorized officer or Director of Find Technology Group, L.L.C.,.
PROHIBITED USES OF SITE
Competing Businesses, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as “Commercial Entities”), are prohibited from using the Site for any purpose prohibited herein, or accessing or purchasing services for purposes of decompiling the intellectual property of the Site, as a result of Use of the Site.
Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold the Company harmless for any and all losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and Court costs, resulting from any Prohibited Site Use of any information, photos, images, data, pages, goods or services obtained through the Use of the Site.
It is explicitly understood that the Company hereby reserves its right to seek and obtain immediate, temporary or permanent injunctive relief orders against any Commercial Entity Prohibited Site Use through a Court of Competent jurisdiction so selected by Find Technology Group, L.L.C.,, without imposition of bond, at any time.
The Company further reserves it’s right to seek any appropriate additional consequential damages sustained through (i) the prohibited Use of the Site, (ii) any alleged act or acts deemed to constitute tortuous business interference, or, (iii) any other contractual breach deemed to in any way harm Find Technology Group, L.L.C., ability to engage in commerce or to sell any services.
Any dispute relating in any way to your visit to the Site, or from services purchased through Site, shall be submitted to Find Technology Group, L.L.C., choice of Small Claims Court, Civil Court or confidential arbitration in the judicial venue within or nearest to the 5th District Court of Michigan, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or its domains, trademarks, copyrights, or other similar intellectual property rights, the Company exclusively reserves its right to seek injunctive or other appropriate relief in any state or federal Court(s) as set forth herein, and you consent to exclusive jurisdiction and venue in such Courts.
The Company further reserves the exclusive right, in its sole discretion, to select either binding Arbitration, State or Federal Court venues under the Terms and Conditions of this Site Use Agreement. If selected by Find Technology Group, L.L.C., Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to the Company.
TAXATION, APPLICABLE LAW AND SEVERABILITY
The Company conducts its business exclusively from its headquarters located in the State of Michigan. As a resident business of the State of Michigan, the Company reserves the right to collect Michigan Sales Taxes in the amount of 7% on applicable transactions made by residents or business located within the Stet of Michigan.
By visiting or purchasing services from the Site, you agree that the laws of the State of Michigan, without regard to principles of conflict laws, which will at all times govern the terms and conditions of Site Use Agreement, and any dispute of any sort that might arise between you and the Company. In addition, you hereby agree that as a customer of the Site not residing in the State of Michigan, any applicable taxes will at all times remain your responsibility to timely remit payment to local, state or federal governmental taxing authorities, as applicable.
If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable by a Court of competent jurisdiction, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
The Company controls the Site from its offices located within the State of Michigan, United States of America. Thus, you further agree that any legal action, proceeding or other matters relating to your access to or Use of the Site or its materials shall be governed by applicable U.S. Federal law or the laws of the State of Michigan. In the event of any legal action arising hereunder, you also agree that Find Technology Group, L.L.C., reserves the exclusive right to submit such legal actions within the jurisdiction and venue of any Arbitration forum, Federal or State Court within the area of the 5th District Court of Michigan, as selected by the Company and as applicable under this Agreement.