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Terms & Conditions

Urban Science Web Site Terms of Use

Effective date: August 16, 2012

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 (“Additional Terms”), without limitation or qualification.  Together, the Terms of Use and any Additional Terms (collectively, “Terms”) constitute a legally binding agreement between you and Urban Science.  If you do not agree to these Terms, 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 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 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.  We will post the modified Terms on this Site.  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.

Proprietary Rights in Website

This Site contains copyrighted material, trademarks and other proprietary material belonging to Urban Science, its licensors and others, including but not limited to text, data, photos, graphics and other images, software, specifications, audio and video files (“Content”) that are protected by patent, copyright and other intellectual property laws.  You should assume that everything you see or read and everything available on this Site is protected by these laws and, except as provided in the Terms, may not be used without the written permission of Urban Science.  You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site.

Copyright Infringement

We expect users of this Site to respect the intellectual property rights of others.  We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer.  If you believe a work protected by a U.S. copyright you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
  1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner
  2. Identification of the copyrighted work or works claimed to have been infringed
  3. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
  4. Your name, mailing address, telephone number and e-mail address
  5. A statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law
  6. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

To notify Urban Science of claimed copyright infringement, please contact:

Rod Wright, Chief Operating Officer
400 Renaissance Center
Suite 2900
Detroit, MI 48243
313.748.7529

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, whether registered or unregistered.  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 will 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.  You agree to the use of your data in accordance with our Privacy Policy.

Forms, Registrations and Passwords

If any of the products, services or Content provided via this Site require you to open an account, register, or provide certain information, you must be eighteen (18) years of age or older and 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 current, complete and accurate information in connection with any inquiry, quote request, or other request for information, and will promptly update that information to keep it current, complete and accurate.  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 used 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.  You are responsible for all activities that occur using your Password, whether or not authorized by you.  Urban Science will not be responsible for any damages resulting from the unauthorized use of your Password.

Termination of Access and Use

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 of any portion of this Site at any time, with or without notice to you.

User Content – Ownership and Use

By submitting, uploading or transmitting any e-mail, blog posts, feedback, information, ideas, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content and otherwise use it for your intended purpose.  You hereby grant Urban Science an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, publicly display, transmit or otherwise exploit all or any portion of your User Content, for any purpose, in any and all media now known or later developed.  You waive all rights to any claim against Urban Science for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content, and you acknowledge and agree that you are not entitled to receive any compensation for any User Content you submit, upload or transmit in connection with this Site.

Material Posted by Third Parties

Urban Science does not endorse or guarantee the accuracy, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Site by parties other than Urban Science.  You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party material is at your own risk.  Urban Science has no obligation to monitor use of this Site or any portion thereof.  However, Urban Science reserves the right to review any User Content, , and remove, delete, redact or otherwise modify such User Content, in its sole discretion, at any 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, 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 User Content, submitted to, transmitted via, or displayed on this Site, by any other party.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL CONTENT AND LINKS CONTAINED ON THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, URBAN SCIENCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH CONTENT AND LINKS, 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 ERRORS OR OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, 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.

Governing Law

These Terms 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 in Michigan.  The provisions of these Terms 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, licensors and third party partners from and against all claims, 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; (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

NEITHER URBAN SCIENCE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF URBAN SCIENCE HAS BEEN 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 OR INABILITY TO USE THIS SITE, OR 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

The Content available through this Site is the sole property of Urban Science or its licensors.  You may download, display and print such Content only for your personal, non-commercial use.  Except with the prior written consent of Urban Science, you may not modify, copy, distribute, transmit, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any Content, products or services obtained from this Site.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Urban Science as a result of these Terms, the Privacy Policy or use of the Site, the Content, or any products and/or services available through the Site.  Urban Science’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms or the Privacy Policy is in derogation of Urban Science’s right or obligation 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 Termsand the Privacy Policy 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 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 and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms 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.

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