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Terms of Use

Terms of Use

Last revised as of August 7, 2024

Please read these Terms of Use carefully before you start to use this Website and any related sub-pages. These Terms of Use will, among other things:

  • Outline your legal rights regarding this Website,
  • Explain the rights you give to us when you use this Website, and
  • Establish how disputes or lawsuits regarding this Website will be handled, and includes waivers and limitations regarding your ability to bring claims against us relating to this Website.

By using the Website you agree to be bound and abide by these Terms of Use and consent to having your personal information collected and processed in accordance with our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

These Terms of Use compose of:

  1. Acceptance of the Terms of Use
  2. Changes to the Terms
  3. Governing Law and Jurisdiction
  4. Dispute Resolution
  5. Limitation on Time to File Claims
  6. Permitted and Non-Permitted Uses of the Website
  7. Intellectual Property Rights
  8. Trademarks
  9. Monitoring and Enforcement; Termination
  10. Reliance on Information Posted and Links to Other Sites
  11. Information About You and Your Visits to the Website
  12. Service Limitations
  13. Linking to the Website and Social Media Features
  14. Accessibility of the Website
  15. Marketing and Promotional Communications
  16. Disclaimer of Warranties
  17. Limitation on Liability
  18. Indemnification
  19. Waiver and Severability
  20. Assignment
  21. Entire Terms
  22. Contact Us

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and the Monroe Community Mental Health Authority (“MCMHA,” “we,” “our,” or “us”) by your use of the Website. The following terms and conditions, together with any documents that they expressly incorporate by reference shall be referred to as the “Terms” and shall govern your access to and use of the MCMHA Website, including the below “Website”:

  • https://www.monroecmha.org/

including any content and functionality of the Website.

When we refer to “you” or “your,” we mean the person who is visiting and using the Website. If you are accessing the Website on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization, if applicable.

2. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Arbitration sections will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

4. Dispute Resolution

Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court and participate in a class action.

At MCMHA’s sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER. Except as otherwise provided in these Terms, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and MCMHA specifically agree to do so in writing following initiation of the arbitration.  

5. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

6. Permitted and Non-Permitted Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm MCMHA, its users and customers, or expose any of the same to liability.
  • To violate (or help or encourage others to violate) these Terms or our other policies.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Accessing or using the Website via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Website is permitted only via individual users and materials may not be collected via automated or robotic methods. The Website and materials contained therein may not be used by you for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool, including any and all training, self-improving, or machine learning software, models, algorithms, hardware or other artificial intelligence tools or aids of any kind . Artificial intelligence tools include, but are not limited to, systems that characterize structured or unstructured data; generate summaries, inferences, or decisions; or generate text or images, including within any generative artificial intelligence solution.

7. Intellectual Property Rights

The Website, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“MCMHA Content”) are owned by MCMHA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The MCMHA Content is not sold or transferred to you, and MCMHA and its licensors retain ownership of all copies of the MCMHA Content.

8. Trademarks

MCMHA’s name, the MCMHA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MCMHA or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

9. Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any reason, including for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through the Website.

10. Reliance on Information Posted and Links to Other Sites

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the MCMHA Website, or by anyone who may be informed of any of its contents.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

11. Information About You and Your Visits to the Website

All information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including the disclosure of your personal information or any information or data you provide to MCMHA through the Website to third parties, including our service providers and vendors.

This Website may contain links to other independent third-party sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, MCMHA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites, including by reviewing the applicable terms of use or privacy policies of such Linked Sites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

12. Service Limitations

We shall make reasonable efforts to keep the Website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand, agree, and accept that MCMHA will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Website, or to provide all or any specific content through the Website.

13. Linking to the Website and Social Media Features

You may link to our homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice.

14. Accessibility of this Website

MCMHA works to make its Website accessible to all individuals, including those with disabilities.  If you are having difficulty accessing our Website, please contact us using the contact information described at the end of these Terms. We will work to provide our products and services to you through alternative means.

15. Marketing and Promotional Communications

If you provide us your e-mail through the Website, you agree to receive marketing and promotional messages from us. You may opt-out of these marketing and promotional messages, if those messages are powered by us, by following the instructions in those messages. If you decide to opt-out, you may still receive non-marketing communications that are necessary in the performance of services that you have requested from us.

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MCMHA NOR ANY PERSON ASSOCIATED WITH MCMHA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MCMHA NOR ANYONE ASSOCIATED WITH MCMHA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MCMHA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MCMHA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless MCMHA, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

19. Waiver and Severability

No waiver by MCMHA of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MCMHA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Assignment

MCMHA may assign these Terms, and any of its rights under the Terms, in whole or in part, and MCMHA may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

21. Entire Terms

The Terms constitute the sole and entire agreement between you and MCMHA regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

22. Contact Us

The Website is operated by:

MCMHA
1001 S Raisinville Road
Monroe, MI 48161-0726

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: aellerman@monroecmha.org

 

105963.000001  4857-1639-3941.3

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