Terms of Service
Richard DeVos Tribute Website
Your use of this Site constitutes your agreement to comply with this Agreement. This Site is owned or licensed by RDV Corporation (“RDV,” “we” or “us”). If you do not agree to this Agreement, then you may not access or use the Site. We may change, edit, delete or revise portions of the site at any time without notice.
1. SITE USE GENERALLY.
1.1 Limited License. RDV hereby grants you a limited, revocable license to access and make use of the Site for your personal use only. Except where otherwise indicated on the Site, You may download, copy or print contents from the Site for your personal, non-commercial use, including research, teaching, and private study, provided that You keep all copyright or other proprietary notices intact. The Site and its material may not be modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Site content without our express written consent; (iv) taking any action that imposes an unreasonable or disproportionately large load on the Site or its network infrastructure or that adversely affects the Site and other users; and (v) using any meta tags or any other ‘hidden text’ that uses our name or any of our trademarks or services mark. We may terminate this license and your rights to use the Site for any reason at any time.
1.2 Links to Other Materials. Unless otherwise expressly indicated, linked sites are not under the control of RDV and RDV is not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
2. USER CONTENT
2.1 Submission; License. You may be permitted to post reviews, comments, photos, and submit comments, ideas, and other content (collectively “Content”). If You do post or submit Content, and unless we indicate otherwise, You hereby grant to RDV and its affiliates a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which RDV may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image) in advertising and other marketing communications promoting RDV and its products and services; and (b) adapt, modify, re-format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant RDV and sublicensees the right to use the name that you submit in connection with such Content, RDV’s rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.
2.2 Content Violation. As between You and RDV, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party’s proper or improper use of the Content. RDV reserves the right to expel You and prevent Your further access to the Site for violating this Agreement or the law and the right to remove Content that is abusive, illegal, or disruptive. RDV may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for RDV.
2.3 Content Warranty. You represent and warrant to RDV that (i) You have the rights to grant RDV the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
3. DISCLAIMER OF WARRANTIES.
RDV (and its third party suppliers and licensors) provide the Site on an “as is,” as available, basis, with all faults, and hereby disclaim all warranties and conditions, either express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, compatibility of software programs, integration, or those warranties that may arise by course of dealing, or course of trade. Also, there is no warranty of lack of viruses or other disabling code or condition, lack of negligence or lack of workmanlike effort. The entire risk arising out of the use, quality, accuracy, effort, or performance of the Site is with You, the user.
4. LIMITATION OF LIABILITY AND REMEDIES.
4.1 Exclusion. To the maximum extent permitted by applicable law, in no event will RDV be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Site, even if RDV knows of, or should have known of, the possibility of such damages. If you are dissatisfied with any portion of the Site, or with any of the terms of this Agreement, your sole and exclusive remedy is to discontinue using the Site. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
4.2 Indemnification. You agree to defend, indemnify and hold RDV harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which RDV may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any term or provision of this Agreement.
5. GENERAL TERMS.
5.1 Modification. RDV reserves the right at any time and in RDV’s sole discretion to amend or change this Agreement (including any of the policies that may be applicable to Your use of the Site) by posting such revisions to the Terms link located at [insert hyperlink]. Your continued use of the Site following the posting of changes will constitute your acceptance of the changes. Although RDV may attempt to notify You when major changes are made to this Agreement, You should visit the Terms link from time to time to review current versions of this Agreement. Moreover RDV reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event You or RDV terminate this Agreement, You must immediately stop using the Site. You agree that RDV will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
5.2 Jurisdiction. You and RDV agree that the substantive laws of the State of Michigan, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND RDV CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN KENT COUNTY, MICHIGAN, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SITE. Except as otherwise required by law, including Michigan laws relating to consumer transactions, any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of this Agreement and conditions, including without limitation this section.
5.3 Entire Agreement. This Agreement embodies the entire agreement and understanding between RDV and you with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements and understandings relating to the subject matter of this Agreement. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement.