Website Usage Agreement This Jones MFG Internet Web Site Agreement (the "Agreement") is between you and Jones MFG llc ("Jones MFG") with a principal place of business in Ann Arbor, Michigan. Use of the Jones MFG Internet Web site (the "Jones MFG Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement: (1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS Jones MFG WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Jones MFG Web Site. (2) Jones MFG may monitor your use of this Jones MFG Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Jones MFG Web Site for any lawful reason or purpose. (3) Jones MFG reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Jones MFG Web Site. (4) The Jones MFG Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Jones MFG Web Site are only for your personal, non-commercial use. All materials contained on the Jones MFG Web Site are protected by copyright, and are owned or controlled by Jones MFG or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Jones MFG Web Site.You may download and make five (5) copies of the Content and other downloadable items displayed on this Jones MFG Web Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Jones MFG or the copyright holder identified in the individual Content's copyright notice. Jones MFG may change, suspend or discontinue any aspect of the Jones MFG Web Site at any time, including the availability of any Jones MFG Web Site feature, database, or Content. Jones MFG may also impose limits on certain features and services or restrict your access to parts or all of the Jones MFG Web Site without notice or liability. You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Jones MFG Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the Jones MFG Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You hereby agree to indemnify, defend and hold Jones MFG, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Jones MFG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Jones MFG. The Jones MFG Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Jones MFG Web Site. Links to and from Jones MFG Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Jones MFG or any of its subsidiaries or affiliates of any third party resources, or their contents. Jones MFG does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Jones MFG Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Jones MFG reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Jones MFG Web Site. Jones MFG does not and cannot review all materials posted to the Jones MFG Web Site by users, and Jones MFG is not responsible for any such materials posted by users. However, Jones MFG reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Jones MFG's sole discretion are objectionable or in violation of this Agreement. THE Jones MFG WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Jones MFG WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Jones MFG AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE Jones MFG WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE Jones MFG WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Jones MFG WEB SITE OR ANY LINKED SITE. FURTHER, Jones MFG AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Jones MFG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Jones MFG WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILl BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Jones MFG WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Jones MFG AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE Jones MFG WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Jones MFG Web Site, you hereby grant to Jones MFG a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Jones MFG for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that transmission to and from this Jones MFG Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Jones MFG, no confidential, fiduciary, contractually implied or other relationship is created between you and Jones MFG other than pursuant to this Agreement. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MICHIGAN. This Agreement constitutes the entire agreement between Jones MFG and you with respect to your use of the Jones MFG Web Site. Any cause of action you may have with respect to your use of the Jones MFG Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Jones MFG disclaims any and all responsibility for content contained in any third party materials provided through links from the Jones MFG Internet site. Our Privacy Policy Jones MFG llc ("Jones MFG") is committed to protecting the privacy of our customer's personal information. This statement applies with respect to the information that we collect from the Jones MFG Web site, located at www.jonesmfgmusic.com. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance thereof. I. INFORMATION COLLECTED We collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. We may also ask you to provide certain non-personally identifiable information about yourself, such as your age, household income, buying preferences, etc. We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by, for example, filling out a survey or registration form. The types of information that may be requested include your name, address, e-mail address, and telephone number. II. USE OF INFORMATION In general, we will only use the information you provide to us for the purpose for which such information was provided. We may also use this information to deliver to you information about our Jones MFG and promotional material from some of our partners, trend analysis, pattern detection, and site administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future mailings from Jones MFG and other entities by following the instructions set forth in the opt-out section below. Non-personal demographic and profile data is used to tailor your experience at our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis. III. USE OF IP ADDRESSES We use your IP Address to help diagnose problems with our server, and to administer our Web site. IV. USE OF COOKIES When you view our Web site we might store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Web site as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection. We use an outside advertisement server Jones MFG to display ads on our site. These ads may contain cookies. The advertisement server Jones MFG may collect cookies received with outside banner ads. We do not have access to information that would confirm the use of cookies by the advertisement server Jones MFG. V. SECURITY Our site has industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to insure the safety of your personal information. VI. OTHER WEB SITES; LINKS Our Web site contains links to other Web sites. XYZ is not responsible for the privacy practices or the content of such Web sites. VII. CORRECT; UPDATE Jones MFG allows its users the option to change or modify information previously provided. This may be done through the following methods: (1) e-mail the information to info@jonesmfgmusic.com Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. We will use all reasonable efforts to ensure that your information is removed from or corrected in our records. VIII. CHOICE; OPT OUT You may opt-out of receiving communications from our partners, and from us, by the following means: (1) send an e-mail to info@jonesmfgmusic.com IX. PUBLIC FORUMS This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Contacting us: If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at info@jonesmfgmusic.com. |
