Urban Science Web Site Terms of Use

The Urban Science web site (the "Site") is offered to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.

Overview

Your use of this Site constitutes your agreement to all such terms, conditions, and notices. Please read them carefully. By using this Site, you agree to these Terms of Use (these "Terms of Use"), as well as any other terms, guidelines or rules that are applicable to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible via the Site.

Restrictions on Use of the Site

You may use the Site, the Content (as hereinafter defined), and/or the products or services available through the Site only in accordance with these Terms of Use, any applicable Additional Terms (as hereinafter defined), and all applicable laws and regulations. You further agree that you will not:

  • Without the prior written consent of Urban Science, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any Content;
  • Other than for your use of the Site, access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
  • Submit, display, or transmit any User Content (as hereinafter defined) via the system or services on which the Site is hosted, in violation of any proprietary rights of, or your contractual obligation to, any third party, or in violation of applicable, law, rules, and regulations;
  • Submit, display, or transmit any User Content that exceeds Urban Science's capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;
  • Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
  • Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site;
  • Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
  • Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
  • Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
  • Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or
  • Restrict or prevent any other user from using the Site and/or any products or services offered through the Site.

Modification of the Site and These Terms & Conditions

Urban Science reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered including the Terms of Use and the services, features, links, content, information and any other materials offered via this Site at any time and from time to time without notice or further obligation to you. By your continued use of the Site following such changes, modifications, alterations or updates, you agreed to be bound by such changes, modifications, alterations or updates.

Copyright

Everything on this Site is copyrighted, unless otherwise noted, and may not be used except with the express written consent of Urban Science. Unless otherwise agreed in writing by Urban Science, you may not copy, display, or post any content, text, images or other materials (hereinafter collectively the "Content") offered via this Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site. To notify Urban Science of claimed copyright infringement in accordance with Section 512 of the Copyright Act, please contact:

Michelle Lund, Global Marketing Manager
313-568-8975
200 Renaissance Center
Suite 1800
Detroit, MI 48243
email: marketing@urbanscience.com

Trademark

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Urban Science, or other respective owners. You may not display or reproduce the Marks other than with the prior written consent of Urban Science, and you may not remove or otherwise modify any trademark notices from any Content offered or received through the Site.

Links to Third Party Sites

The Site may contain links to web sites operated by third parties other than Urban Science. Such links are provided for your reference only. Urban Science does not control such web sites, and is not responsible for the content of such web sites. Urban Science's inclusion of links to such web sites does not imply any endorsement of the content on such web sites. If you decide to access any third party web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such web sites.

Privacy

Urban Science respects the privacy of users of its Site. Please refer to Urban Science's Privacy Policy for information on users' rights and responsibilities with respect to information disclosed to Urban Science by clicking here.

Forms, Registrations, and Passwords

If any of the services or Content provided via this Site require you to open an account, register, or provide certain information, you agree to complete the account initiation, registration, or other process by providing Urban Science with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Urban Science is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Urban Science.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Urban Science immediately of any unauthorized use of any Password that is not issued directly to you or approved by Urban Science. You acknowledge and agree that Urban Science, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.

Urban Science cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

Monitoring

Urban Science has no obligation to monitor this Site or any portion thereof. However, Urban Science reserves the right to review any content, text, images, files, information, or other materials submitted to or posted on this Site ("User Content"), and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Urban Science has no obligation to display or post any User Content. Urban Science reserves the right to disclose, at any time and from time to time, any information or User Content that Urban Science deems necessary or appropriate to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Urban Science shall have no liability in connection with any content, text, images, files, information or other materials submitted, transmitted via, or displayed on this Site, regardless of whether provided by Urban Science or any other party

DISCLAIMER

ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, URBAN SCIENCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY URBAN SCIENCE OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, URBAN SCIENCE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.

Governing Law

These Terms of Use and the relationship between you and Urban Science shall be governed by the laws of the State of Michigan as if you signed these Terms of Use in Michigan. The provisions of these Terms of Use that conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. The parties agree to submit to the courts in Detroit, Michigan for exclusive jurisdiction of any dispute hereunder.

Indemnification

You agree to indemnify, defend, and hold harmless Urban Science, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees. resulting from: (1) your use of the Site, including without limitation, any User Content submitted or transmitted by you via the Site; (2) any use of any Password chosen by or issued to you; or (3) any violation by you of: (a) these Terms of Use; (b) any other terms, guidelines or rules applicable to the Site; (c) any rights of any other person or entity; or (d) any applicable laws, rules, or regulations.

LIMITATION OF LIABILITY

URBAN SCIENCE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF URBAN SCIENCE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PROVISION OF THE INFORMATION, SERVICES, PRODUCTS, AND/OR MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND/OR MATERIALS ARE PROVIDED BY URBAN SCIENCE OR ANY THIRD PARTY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Personal & Non-Commercial Use Limitations

This Site is for your personal and non-commercial use. Except with the prior written consent of Urban Science, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any Content, information, software, products, or services obtained from this Site. The Content available through this Site is the sole property of Urban Science or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws. Except as otherwise explicitly agreed in writing, Urban Science-owned Content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Urban Science as a result of these Terms of Use, any Additional Terms, the Privacy Policy or use of the Site, the Content, or any products and/or the services available through the Site. Urban Science's performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms or the Privacy Statement is in derogation of Urban Science's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Urban Science with respect to such use. These Terms of Use, the Privacy Statement and any Additional Terms constitute the entire agreement between you and Urban Science with respect to the Site, the Content, and/or the products or services available through the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Urban Science with respect to the Site, the Content, and/or the products or services available through the Site. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the products or services available through the Site, or any Content, the Additional Terms shall control with respect to their subject matter. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We welcome your feedback. Any comments or questions should be sent by e-mail to marketing@urbanscience.com.

©2006 Urban Science, Inc. All rights reserved.

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