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Terms of Use - William Davidson Institute Terms of Use - William Davidson Institute

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

The http://wdi.publishing.com site (the “Site”) is owned and operated by the William Davidson Institute at the University of Michigan (“WDI”) for your personal use and information.  By accessing the Site, you agree to be legally bound and to abide by these Terms of Use (“Terms and Conditions” or “Agreement”) in their entirety, just as if you had signed this Agreement.  If you do not agree, please do not use the Site.  WDI may amend or modify this Agreement or impose new conditions at any time without notice.  Your continued usage of the Site following the posting of any changes to the Agreement will mean you accept those changes.  You should revisit this page periodically to review the Terms and Conditions to which you are bound.

 

Conditions of Use

By creating an account or profile on this Site, you specifically agree to the following:

 

Price and Payment

 Product prices are quoted in U.S. dollars.  You must pay in the currency in which the product price is quoted.  If you do not hold an account in the relevant currency, you may pay by debit or credit card or PayPal (or any other method of payment WDI may introduce) and your card company should exchange the amount charged to the currency of your country at their current rate.

 

Privacy Policy

When registering an account on the Site, you may be asked to enter your name, e-mail address, mailing address, phone number, the name of institution, and other personal information.  A registered account is necessary in order to purchase products from the Site.  You may, however, visit the Site anonymously to browse limited content.

We use personal information only for transaction purposes, to improve our website or customer support, and/or to personalize your experience.  Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.  Upon request, WDI will remove your registered account from the Site or from its email lists.

WDI implements a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information, including offering a secure server.  All sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into WDI’s payment gateway provider’s database, only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.

After a transaction, your private information (credit cards numbers, etc.) will not be stored on WDI’s servers.

WDI may use cookies to help it know that you are logged on, provide you with features based on your preferences, understand when you are interacting with our Site, and compile other information regarding use of the Site.

WDI respects the privacy of users visiting our sites and will abide by all applicable laws concerning the release of personal information.  On occasion, WDI may use certain directory information that we collect from you to send you information, via direct mail or email, about products and services, or updates and other information that WDI thinks may be of interest to you.  If you tell WDI that you do not wish to have this information used as a basis for further contact with you, WDI will respect your wishes. Please contact WDI to request that your name and address should be removed from WDI’s lists.  If you do not want to receive e-mails from WDI, please submit a request to have your e-mail address unsubscribed by emailing us at info@wdi-publishing.com.

 

Electronic Communications

When you utilize the Site or send email to WDI, you are communicating with WDI electronically.  You consent to receive communications from WDI electronically.  Although WDI may choose to communicate with you by regular mail, WDI may also choose to communicate with you by email or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications that WDI provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Mobile Devices

If WDI provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.

 

Proprietary Rights

You acknowledge that the Site contains text, information, original works of authorship, images, photographs, graphics, icons, trademarks, trade names and other viewable material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or subsequently developed.  This Site and its Content are the sole and exclusive property of WDI or of its licensors (unless otherwise noted) and are protected by United States and international copyright laws.  While WDI makes the Content available to all users of the Site, WDI expressly retains all copyright and related proprietary rights in the Content.  Accordingly and in consideration of your using the Site, you agree that without the express prior written permission of WDI, you will not, directly or indirectly, in any manner whatsoever: copy or distribute by any means the Content or any portion of it; mirror or include the Content or any portion of it on your own, or another, server or documents; or modify or re-use any portion of the Content.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.  WDI, wdi-publishing.com, the WDI Publishing logo and related marks are all registered and unregistered trademarks of WDI and are the valuable property of WDI.  You agree that you will not reproduce any trademark of, or imply any endorsement or relationship with, WDI or its licensors.  Other product and company names and logos mentioned or appearing on the Site might be the trademarks or service marks of their respective owners.  Nothing contained herein shall be construed as conferring any license or right under any of WDI’s copyright, patent, trademark or proprietary rights, or those of any third party, whether expressly or by implication, estoppel, or otherwise.  All rights not expressly granted herein are reserved to WDI and its licensors.

 

Intellectual Property Policy

WDI respects the intellectual property of others and expects users of the Site to do the same.  At its discretion and in appropriate circumstances, WDI may terminate the accounts of users or prevent access to the Site by users who infringe upon the intellectual property rights of others.  WDI makes no claims that the Content is appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  WDI will remove any material or Content that infringes the copyright or other intellectual property right of any person.  If you believe that your intellectual property right is infringed by any Content on the Site please write to WDI at the address displayed on the Site setting out the particulars of your claim.

 

Third Party Sites and Hotlinks

Clicking on certain links within the Site will cause you to exit the Site.  WDI provides these links to you only as a convenience, and does not endorse the content on any third party websites, or any site linked to a third party website.  The linked sites may not be under WDI’s control.  Accordingly, WDI is not responsible for the content of linked third-party sites, sites framed within WDI’s Site, or any third party advertisements.  WDI does not make any representations regarding the accuracy, legality, decency or any other aspect of the content of such sites.  These sites may contain information or material that some people may find inappropriate or offensive.  WDI is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever.  Your use of third-party websites is at your own discretion and subject to the terms and conditions of use for such sites.  WDI shall not be liable for any damages or costs arising out of or in any way connected with your use of any third party websites accessed through this Site.

 

Disclaimer of Warranties

While WDI uses reasonable efforts to include accurate and up-to-date information on this Site and in the Content, it makes no representations as to the truth, accuracy, reliability, usefulness, timeliness and completeness of that information, and you should not rely upon it.  WDI does not guarantee that the Content provided will be sufficient or appropriate for every individual or situation.  The Site and the Content are provided on an “as is, as available” basis, and you use this Site at your own discretion.  The Content may include technical inaccuracies or typographical errors.  The information provided may not be suitable or appropriate for you.  WDI strongly urges you to contact a representative of WDI before relying on any of the information provided on the Site or in the Content.  When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of WDI.  Accordingly, WDI assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.  WDI makes no warranty or representation that the Site will be available at any particular time or location, or that any defects or errors will be corrected.  WDI disclaims all liability for any computer viruses or other disabling computer code that may be loaded into user’s computers when they download documents from this Site.  You are strongly advised to obtain and use appropriate anti-virus and security software.  To the fullest extent permitted by law, WDI disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose nor does WDI make any warranty as to the results that may be obtained from the Site or the Content.

 

Limitation of Liability

In no event whatsoever shall WDI, its licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of (or inability to use) the Site, the Content, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site.  This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not WDI is advised of the possibility of such damages.  You hereby waive any and all claims against WDI and its affiliates, agents, representatives and licensors arising out of your use of the Content, the Site, and the information available on it.  You acknowledge that without these limitations, WDI could not provide access to the Site or the Content.  Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages.  Consequently, the above exclusion or limitation may not apply to you.  In such jurisdictions, WDI’s liability shall be limited to the maximum extent permitted by law.

 

Arbitration

You agree that, to the fullest extent permitted by law, any dispute or claim arising out of or relating to this Agreement or the Content, either based on contract or tort or otherwise, including any claim against WDI as well as its officers, directors or employees, shall be submitted to arbitration pursuant to the Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”).  Claims subject to arbitration shall include contract claims, tort claims, as well as claims based on any federal, state, or local law, statute, or regulation.  The arbitrator shall apply the same substantive law, with the same statutes of limitations and remedies that would apply if the claims were brought in a court of law.  The arbitrator shall also prepare a written decision containing the essential findings and conclusions on which the decision is based.  The costs and fees of the arbitrator shall be borne by the parties 50/50.  An arbitration award rendered pursuant to this section shall be final and binding on the parties and may be submitted to any court of competent jurisdiction for entry of a judgment thereon.  Each party shall pay its own costs and attorneys’ fees, unless a party prevails on a statutory claim and the statute provides that the prevailing party is entitled to payment of its attorneys’ fees.  In that case, the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party as provided by law.  THE PARTIES UNDERSTAND AND AGREE THAT THIS AGREEMENT CONSTITUTES A WAIVER OF THEIR RIGHTS TO A TRIAL BY JURY OF ANY OF THE ABOVE MENTIONED CLAIMS OR CONTROVERSIES.

 

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.  You expressly agree that any action arising out of or relating to this Agreement shall be filed only in a court located in Michigan and you irrevocably and absolutely consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.

 

Integration, Severability, and Waiver

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between WDI and/or its representatives and you.  If any provision of these Terms and Conditions is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Survival of Terms

These Terms and Conditions apply while you are accessing the Site and while you are in possession, in any form whatsoever, of any Content or any portion thereof.  Notwithstanding the foregoing, the provisions set out in this Agreement relating to Proprietary Rights, Use of Site, Intellectual Property Policy, Disclaimer of Warranties and Limitation of Liability shall survive the termination of this Agreement and shall survive thereafter in perpetuity.