SITE CONTENTS AND OWNERSHIP
The information contained on this
site, including all images, designs, photographs, writings, graphs,
data, and other materials (“Materials”) are the property
of eRATHSBURG, LLC and are protected by copyrights, trademarks,
trade secrets, or other proprietary rights. Permission is granted
to display, copy, distribute, download, and print portions of this
site solely for the purposes of using this site for the authorized
uses described above. You must retain all copyright and other proprietary
notices on all copies of the Contents. You shall comply with all
copyright laws worldwide in your use of this Web site and prevent
unauthorized copying of the Contents. Except as provided in this
Notice, eRATHSBURG, LLC does not grant you any express or implied
right in or under any patents, trademarks, copyrights, or trade
secret information.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Web site
is at your sole risk. Neither eRATHSBURG, LLC, its affiliates,
nor any of their officers, directors, employees, agents, third-party
content providers, or licensors (collectively, “Providers”),
or the like, warrant that this site will be uninterrupted or error-free;
nor do they make any warranty as to the results that may be obtained
from the use of this site, or as to the accuracy, completeness,
reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated
information. Further, eRATHSBURG, LLC does not warrant reliability
of any statement or other information displayed or distributed through
the site. eRATHSBURG, LLC reserves the right, in its sole discretion,
to correct any errors or omissions in any portion of the site. eRATHSBURG,
LLC may make any other changes to this site, the Materials and the
products, programs, services, or prices (if any) described in this
site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND
MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE
AVAILABLE” BASIS. eRATHSBURG, LLC MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, eRATHSBURG,
LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION
ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED,
SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY,
INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION,
QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE
EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
YOU AGREE THAT eRATHSBURG, LLC AND ITS PROVIDERS SHALL
NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING
OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS,
CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY
IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING,
WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL eRATHSBURG, LLC OR ANY
OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION
OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS,
CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES,
OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE
OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT, REGARDLESS OF WHETHER eRATHSBURG, LLC OR ANY
OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless eRATHSBURG,
LLC, its affiliates, agents, employees, and licensors from and against
any and all claims and expenses, including reasonable attorney fees,
arising out of or related in any way to your use of the site, violation
of this Agreement, violation of any law or regulation, or violation
of any proprietary or privacy right.
PRIVACY POLICY
Click here to
access eRATHSBURG, LLC’s Privacy Policy governing the use
of information that eRATHSBURG, LLC obtains from you through your
use of this Web site.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your
use of this site must be commenced within one (1) year after the
claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies,
eRATHSBURG, LLC may immediately discontinue, suspend, terminate,
or block your and any user’s access to this site at any time
in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may
provide on this site links to Web sites operated by other entities
(collectively the “Linked
Sites”). If you use any Linked Sites, you will leave this site.
If you decide to visit any Linked Site, you do so at your own risk
and it is your responsibility to take all protective measures to
guard against viruses or other destructive elements. Linked Sites,
regardless of the linking form (e.g., hotlinks, hypertext links,
IMG links) are not maintained, controlled, or otherwise governed
by eRATHSBURG, LLC. The content, accuracy, opinions expressed, and
other links provided by Linked Sites are not investigated, verified,
monitored, or endorsed by eRATHSBURG, LLC. eRATHSBURG, LLC does not
endorse, make any representations regarding or warrant any information,
goods, and/or services appearing and/or offered on any Linked Site,
other than linked information authored by eRATHSBURG, LLC. Links
do not imply that eRATHSBURG, LLC or this site sponsors, endorses,
is affiliated or associated with, or is legally authorized to use
any trademark, trade name, logo, or copyright symbol displayed in
or accessible through the links, or that any Linked Site is authorized
to use any trademark, trade name, logo or copyright symbol of eRATHSBURG,
LLC or any of its affiliates or subsidiaries. Except for links to
information authored by eRATHSBURG, LLC. eRATHSBURG, LLC is neither
responsible for nor will it be liable under any theory based upon
(i) any Linked Site; (ii) any information and/or content found on
any Linked Site; or (iii) any site(s) linked to or from any Linked
Site. If you decide to visit any Linked Sites and/or transact any
business thereon, you do so at your own risk. eRATHSBURG, LLC reserves
the right to discontinue any Linked Site at any time without prior
notice. Please contact the Web masters of any Linked Sites concerning
any information, goods, and/or services appearing thereon.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed
in accordance with the laws of the State of Michigan, U.S.A., without
reference to its conflicts of laws provisions. eRATHSBURG, LLC makes
no representation that the materials are appropriate or available
for use outside the United States. If you access this site from outside
the United States, you will be responsible for compliance with all
local laws. You agree to comply with all laws and regulations applicable
to your use of this site. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts located within
Oakland County, Michigan for any disputes with eRATHSBURG, LLC arising
out of your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between
eRATHSBURG, LLC and you with respect to this Web site, and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and eRATHSBURG, LLC with
respect to this Web site. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. If for any reason a court of competent jurisdiction finds any
provision of this Agreement or portion thereof to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of this Agreement, and the remainder of
this Agreement shall continue in full force and effect. No waiver
by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree
to be bound by the revised Agreement. Any such modifications will
become effective upon the date they are first posted to this site.
It is your responsibility to return to this Agreement from time to
time to review the most current terms and conditions. eRATHSBURG,
LLC does not and will not assume any obligation to notify you of
changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation,
assent, or agreement you transmit through this Web site, including
but not limited to any consent you give to receive communications
from eRATHSBURG, LLC solely through electronic transmission. You
agree that when in the future you click on an “I agree,” “I consent,” or
other similarly worded “button” or entry field with your
mouse, keystroke, or other computer device, your agreement or consent
will be legally binding and enforceable and the legal equivalent
of your handwritten signature.