GREAT LAKES BAY PRIDE WEBSITE TERMS OF USE

This website is owned and operated by Great Lakes Bay Pride (“we”, or “us”). These Terms of Use apply to the Great Lakes Bay Pride website, https://greatlakesbaypride.org/, and its related sites (the “Site”).

You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and Great Lakes Bay Pride. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE OR PROVIDE US WITH YOUR INFORMATION.

Amendments to Terms of Use

We reserve the right to change the terms and conditions of these Terms of Use and any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Use of Site, Materials, and Services

Through the Site, Great Lakes Bay Pride may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, the “Materials”); and (b) various services and functionality (collectively, the “Services”). Great Lakes Bay Pride and its licensors grant to you a personal, non-exclusive, non-transferable license to use the Services and access, view, download, print, use and display Materials solely for your own informational use. In these Terms of Use, all references to the “Site” shall be deemed to include all Materials and Services unless otherwise expressly indicated. All rights not expressly granted by Great Lakes Bay Pride to you are retained by Great Lakes Bay Pride, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Great Lakes Bay Pride, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Great Lakes Bay Pride’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to Great Lakes Bay Pride by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Great Lakes Bay Pride.

Great Lakes Bay Pride and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

Eligibility

Great Lakes Bay Pride may, in its sole discretion, refuse to offer this Site or the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site or Services is revoked in such jurisdictions.

Prohibited Behaviors

Your ability to use this Site, including listing in its Online Inclusive Directory, depends on your compliance with community standards and the conduct guidelines set forth in these Terms of Use, as well as Great Lakes Bay Pride’s partner criteria, if applicable. If you fail to conduct yourself appropriately, Great Lakes Bay Pride may revoke your privileges to use all or a portion of this Site, including listing on our Online Inclusive Directory, and/or take other appropriate measures to enforce these community standards and conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:

  • engage in any offensive activities, such as harassment, or that are otherwise inappropriate, false, misleading, inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy;
  • harvest or collect any information about or regarding other members or Site users, including, without limitation, any personal data or information;
  • send unsolicited commercial email or spam. This includes unethical marketing, advertising, chain letters or any other practice that is in any way connected with spam such as sending mass email to recipients who haven't requested email from you;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • use this Site for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of the Services that exceed the scope of your use rights.

User Content

You represent and warrant that all information you submit to Great Lakes Bay Pride is accurate and truthful. In certain portions of the Site, partners may be allowed to submit information and/or other materials (individually and collectively, "Content"). All Content is the sole responsibility of the person by whom the Content was submitted or posted. Great Lakes Bay Pride does not control the Content posted on or through this Site and, therefore, Great Lakes Bay Pride does not guarantee the accuracy, integrity or quality of such Content.

You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms of Use or any other applicable policy (including our Statements of Inclusion) or is otherwise objectionable. You warrant that you have the right to disclose such Content and agree that you must evaluate, and bear all risks associated with, the use of any Content.

We do not want to receive any confidential or proprietary information from you through this Site and will have no obligation to protect any such information. Unless otherwise agreed in writing by an authorized Great Lakes Bay Pride employee, any material, information or idea you transmit to Great Lakes Bay Pride or the Site by any means may be disseminated or used by Great Lakes Bay Pride without compensation or liability to you for any purpose whatsoever, including, but not limited to, development and marketing purposes.

Third Party Information and Sites

When you visit the Site, you could be directed to other sites that are beyond Great Lakes Bay Pride’s control. Great Lakes Bay Pride is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Great Lakes Bay Pride reserves the right to terminate any link or access to third party listing at any time. Great Lakes Bay Pride provides such links and content only as a convenience to you and for informational purposes only.

Great Lakes Bay Pride may provide you information from third parties as part of its Online Inclusive Directory. Great Lakes Bay Pride has not endorsed, tested or verified any information, programs, companies, products or services for the third parties to which it links. Great Lakes Bay Pride does not guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by such third parties. You agree that Great Lakes Bay Pride is not responsible for third party information accessible through this Site, including products and services, opinions, advice, or statements. If you decide to access any third party sites linked to this Site, provide such third party with personally identifiable information, or use such third party’s products or services, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.

Online Orders

The prices and availability of products on our Site are listed in US dollars and are subject to change without notice. If we discover an error in either pricing or availability, we will seek to correct it. We reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). Pricing for our products are listed without applicable tax, which may be calculated at the time of order. Payments for orders placed on our Site are processed by our third party service provider, Stripe, and are subject to its terms (available here).

Feedback

If you provide us with any comments, suggestions or other feedback with respect to the Site or any component thereof (collectively, “Feedback”), we, without any restrictions, have the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into our products or the Site, without obligation to you. We will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Great Lakes Bay Pride resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.

Privacy

Your use of our Site is subject to the Great Lakes Bay Pride Privacy Policy. Please read the Privacy Policy to understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY GREAT LAKES BAY PRIDE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUED AVAILABILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE GREAT LAKES BAY PRIDE, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND GREAT LAKES BAY PRIDE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. GREAT LAKES BAY PRIDE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, CONTENT, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO THIRD PARTIES AND THEIR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

LIMITATIONS OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL GREAT LAKES BAY PRIDE, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) DIRECT DAMAGES IN EXCESS OF $50.00 U.S. DOLLARS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. Great Lakes Bay Pride SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING FROM CAUSES OUTSIDE OF GREAT LAKES BAY PRIDE’S CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Nothing in Terms of Use is meant to exclude, restrict or modify any liability of Great Lakes Bay Pride under any law under any jurisdiction in which the Site is accessed, which law prohibits, restricts or modifies any portion of the limitation of liability or disclaimer of warranties set forth herein.

Termination

Great Lakes Bay Pride may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Great Lakes Bay Pride may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. You agree that we will not be liable to you or any third-party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Great Lakes Bay Pride’s rights in the Site, these Terms of Use will be governed exclusively by the laws of the state of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Great Lakes Bay Pride related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, and/or the Circuit Court of the County of Midland, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. The failure of Great Lakes Bay Pride to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Great Lakes Bay Pride in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will effect the other provisions of these Terms of Use.

Indemnity

You agree to indemnify and hold Great Lakes Bay Pride, and its affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to: your use of this Site; your violation of these Terms of Use or any other applicable policy; your violation of any rights of another; or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

Third Party Service Providers

Great Lakes Bay Pride may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Great Lakes Bay Pride. All references to Great Lakes Bay Pride are deemed to include its agents and service providers. All agents and service providers of Great Lakes Bay Pride will be authorized to use your personal information only for the purpose for which they are hired.

Questions and Complaints

If you have any questions or wish to report any violation of these Terms of Use, please contact Great Lakes Bay Pride at:

Great Lakes Bay Pride
P.O. Box 1525
Midland, MI 48641

Email: info@greatlakesbaypride.org

Effective Date: 8/10/2021