Section 1. Introduction.
Welcome to the official website of the Detroit Athletic Club (the “DAC”). We maintain this website as a
service to our members and guests. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not utilize
this Site.
Section 2. Acceptance of Website Use Policy.
You agree to the terms and conditions outlined in this Website Use Agreement (“Agreement”) with
respect to the DAC website (the “Site”). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, operation, reliability, products or services
provided by or through the Site, and any other subject matter covered by this Agreement. This Agreement
may be amended at any time by us at our sole discretion without advance notice to you. The current Agreement
will be posted on the Site and should be reviewed by you prior to using the Site. The terms “our,” “us” or “we”
in this Agreement shall mean the Detroit Athletic Club. All users of the Site specifically acknowledge and agree
to the following terms and conditions of Site use and participation:
2.1. Copyright and ownership. All electronic communications and data created, stored, sent, accessed or received
using the Site constitutes our property. The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are owned solely by us and are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership
rights to, or interest in, any content, document or other materials viewed through or contained in the Site, whether posted
by us or any Site user.
2.2. Limited Right to Use. The viewing, printing or downloading of any content, graphic form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use, and not for resale or redistribution.
2.3. Editing, Deleting and Modification. We reserve the absolute right in our sole discretion to edit or delete any documents, information or other content posted or appearing on the Site, whether originated by us or any Site user.
2.4. Indemnification. You agree to indemnify, defend and hold us and our employees, members, officers, board of directors and individual board members, committees, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, damages and expense, including reasonable attorney’s fees, related to your violation of this Agreement or prohibited usage of the Site.
2.5. Nontransferable Right. Your right to use the Site is not transferable. Any password or right given to you to access the Site or to obtain information or documents from the Site is not transferable.
2.6. Disclaimer of Warranties and Liability. THE OPERATION AND FUNCTION OF THE SITE AND ALL INFORMATION OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SITE, INFORMATION AND SERVICES AVAILABLE ON THE SITE OR LINKED SITES MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE TO ANY SITE USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN, BETWEEN US AND YOU. THIS SITE AND THE INFORMATION AVAILABLE ON THE SITE WOULD NOT BE PROVIDED WITHOUT THIS DISCLAIMER OF WARRANTIES AND LIABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE OR ANY LINKED SITES, FILES, MEDIA OR DATA OR DOCUMENT IS DISCLAIMED UNDER THE TERMS OF THIS DISCLAIMER OF WARRANTIES AND LIABILITY. WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY KIND THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE OUR SITE.
2.7. Use of Information. We reserve the right, and you authorize our reservation of right, to any use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
2.8. Privacy Policy. Our Privacy Policy, as it may change from time to time, is incorporated by reference in and made a part of this Agreement. Except as provided in the Privacy Policy, communications created, sent, received, stored, posted or accessed using the website are not private and are subject to monitoring to ensure compliance with this Agreement.
2.9. Links to Other Web Sites. The Site contains links to other websites. We are not responsible for the content, accuracy, security, safety of, or opinions expressed in, linked websites. Linked websites are not investigated, monitored or checked for accuracy, safety, security or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
2.10. Information and Press Releases. The Site may from time to time contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information from entities or organizations other than us contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
Section 3. Site Usage Rules.
In addition to the terms and conditions of Section 2, you agree to abide and be bound by the usage rules of this Section 3. These rules may from time to time be amended or revoked at our sole discretion and without prior notice, but amendments will be posted on the Site as of effective date of the amended rules. The following usages of the Site, DAC Exchange, and e-mail are prohibited:
3.1 Use for solicitation or commercial purposes.
3.2 Political activity or electioneering for federal, state, or local offices or DAC elections.
3.3 Use that involves discrimination or harassment (for example, statements, images or conduct based on race, gender, religion, national origin or any other classifications prohibited by federal state or local law), or defamation.
3.4 The display or communication of any obscene or offensive statements, images, symbols, or gestures.
3.5 Use in violation of the Club’s by-laws or house rules. This prohibition includes any use or display of the logo or name of the DAC that is not authorized by the Club or violates the by-laws or house rules of the Club.
3.6 Anonymous messages or messages sent under an alias.
3.7 Distribution or e-mail chain letters.
3.8 Copyright, intellectual property, or license violations.
3.9 Activities that violate federal, state, or local laws and regulations.
3.10 Transmission or distribution of blast e-mails, bulk e-mail or spam. This rule does not prohibit blast or bulk e-mails by authorized representatives of Clubs within the Club that otherwise comply with this Agreement.
3.11 E-mail or e-mail attachments in excess of 3 MB in size.
3.12 Distribution of member e-mail addresses to non-members of the DAC.
3.14 Hacking into the Site or circumvention of Site security safeguards.
3.15 Allowing non-member use of the Site or member passwords.
Violations of this Agreement will be investigated and reviewed by the House Committee. Appropriate sanctions, possibly including suspension or termination of Site usage privileges, will be implemented at the sole discretion of the House Committee in accordance with Article XXIII of the Club Bylaws.
Section 4. Notice and Complaint Procedure.
Any complaints of violation of this Website Use Agreement and notices of claimed infringement of copyright, under Title 17 of the United States Code, Section 512,17 U.S.C. 512, must be made to the Site’s web administrator designated by the DAC as its agent to receive such notifications as follows:
Web Administrator: Gerry Phillips
Mailing Address: 241 Madison Avenue
Detroit, Michigan 48226
Telephone Number: 313-963-9200
Facsimile Number: 313-442-1047
E-Mail Address
Section 5. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Detroit, Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any legal proceeding initiated by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the events giving rise to the cause of action occurred or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in any state or federal court of proper jurisdiction in Detroit, Michigan. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall be controlling. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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