Terms Of Use

Welcome to Michiana Yellow Pages By using Michiana Yellow Pages, services , you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service").  We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.

1. USE OF SERVICES

Michiana Yellow Pages, its subsidiaries and affiliated companies offer Michiana Yellow Pages services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Michiana Yellow Pages services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Michiana Yellow Pages of any unauthorized use of your password or account or any other breach of security. Michiana Yellow Pages cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. 

2. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Michiana Yellow Pages reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via Michiana Yellow Pages services. You understand that by using Michiana Yellow Pages services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Michiana Yellow Pages services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Michiana Yellow Pages services and for any consequences thereof. You agree to use Michiana Yellow Pages services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Michiana Yellow Pages services or servers or networks connected to Michiana Yellow Pages services.

In addition to this agreement, your use of some specific Michiana Yellow Pages services is governed by the policies or guidelines that are presented to you when you sign up for or access those services and which are specifically incorporated into this Terms of Service. 

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

3. MICHIANA YELLOW PAGES PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at http://www.michianayellowpages.net/ppolicy.html.  By using Michiana Yellow Pages services, you acknowledge and agree that Michiana Yellow Pages may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Michiana Yellow Pages, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of Michiana Yellow Pages services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. PROPRIETARY RIGHTS

Michiana Yellow Pages Rights

You acknowledge and agree that Content contained in sponsor advertisements or presented to you through Michiana Yellow Pages services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Michiana Yellow Pages or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Michiana Yellow Pages services content in whole or in part.

Your Rights

Michiana Yellow Pages claims no ownership or control over any Content submitted, posted or displayed by you on or through Michiana Yellow Pages services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Michiana Yellow Pages services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Michiana Yellow Pages services which are intended to be available to the general public, you grant Michiana Yellow Pages a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on Michiana Yellow Pages services solely for the purpose of displaying, distributing and promoting Michiana Yellow Pages services. This license terminates when such Content is removed from the Michiana Yellow Pages service to which you originally submitted. Michiana Yellow Pages reserves the right to syndicate Content submitted, posted or displayed by you on or through Michiana Yellow Pages services and use that Content in connection with any of the services offered by Michiana Yellow Pages.  Michiana Yellow Pages furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

5.  POLICIES REGARDING COPYRIGHT AND TRADEMARKS

It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. Any use of Michiana Yellow Pages trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with Michiana Yellow Pages then current Brand Feature use guidelines,

6.  GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Michiana Yellow Pages has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Michiana Yellow Pages services.

7. MODIFICATIONS TO SERVICE

Michiana Yellow Pages reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Michiana Yellow Pages services (or any part thereof) with or without notice. You agree that Michiana Yellow Pages shall not be liable to you or to any third party for any modification, suspension or discontinuance of Michiana Yellow Pages.

8. TERMINATION

You may discontinue your use of Michiana Yellow Pages services at any time.  You agree that Michiana Yellow Pages may at any time and for any reason, including a period of account inactivity, terminate your access to Michiana Yellow Pages services, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Michiana Yellow Pages services, your account or any files or other content contained in your account. 

9. LINKS

Michiana Yellow Pages services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Michiana Yellow Pages has no control over such sites and resources, you acknowledge and agree that Michiana Yellow Pages is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Michiana Yellow Pages shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. INDEMNITY

You agree to hold harmless and indemnify Michiana Yellow Pages, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Michiana Yellow Pages services, violation of this Terms of Service or any other actions connected with use of Michiana Yellow Pages services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Michiana Yellow Pages will provide you with written notice of such claim, suit or action.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF MICHIANA YELLOW PAGES SERVICES IS AT YOUR SOLE RISK. MICHIANA YELLOW PAGES  SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICHIANA YELLOW PAGES  EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. MICHIANA YELLOW PAGES  DOES NOT WARRANT THAT (i) MICHIANA YELLOW PAGES  SERVICES WILL MEET YOUR REQUIREMENTS, (ii) MICHIANA YELLOW PAGES  SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MICHIANA YELLOW PAGES  SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MICHIANA YELLOW PAGES  SERVICES WILL MEET YOUR EXPECTATIONS.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MICHIANA YELLOW PAGES  SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHIANA YELLOW PAGES  OR THROUGH OR FROM MICHIANA YELLOW PAGES SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MICHIANA YELLOW PAGES  SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MICHIANA YELLOW PAGES  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MICHIANA YELLOW PAGES SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MICHIANA YELLOW PAGES SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MICHIANA YELLOW PAGES SERVICES; OR (v) ANY OTHER MATTER RELATING TO MICHIANA YELLOW PAGES SERVICES.

13. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that Michiana Yellow Pages may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Michiana Yellow Pages services.

15. GENERAL INFORMATION

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Michiana Yellow Pages and govern your use of Michiana Yellow Pages services, superceding any prior agreements between you and Michiana Yellow Pages for the use of Michiana Yellow Pages services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Michiana Yellow Pages services, affiliate services, or third-party content.

Choice of Law and Forum. The Terms of Service and the relationship between you and Michiana Yellow Pages shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and Michiana Yellow Pages agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Elkhart, Indiana.

Waiver and Severability of Terms. The failure of Michiana Yellow Pages to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Michiana Yellow Pages services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.