USER AGREEMENT

This website, located at www.jporlewicz.com, which includes all subdomains and top-level domain redirects, including https://www.sites.google.com/ is maintained by its owners, operators, and affiliates (collectively, the "Operator"). This website is composed of various individual web pages (collectively, the "Site") and is intended solely for general informational purposes.

This Site is offered to you on these Terms & Conditions, which constitute the User Agreement (the "Agreement"), which may be updated from time-to-time without notice, so it your responsibility to review this Agreement each time you access the Site. The Agreement then in effect at the time of your access shall apply to such access. Your use of this Site constitutes consideration for your acceptance of this Agreement.

1. IMPORTANT LEGAL DISCLAIMER

NOTHING ON THIS SITE IS INTENDED TO CONSTITUTE LEGAL ADVICE OR ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. YOU ARE ADVISED TO SPEAK DIRECTLY TO YOUR ATTORNEY FOR THE PROVISION OF LEGAL ADVICE AND SERVICES.

2. APPROVED USES

This Site may only be used for lawful purposes by individuals who are legally permitted to access this Site. This Site is not intended for use by those under thirteen (13) years of age or audiences outside of the United States. If outside the United States, you are wholly responsible for complying with the laws and regulations of your applicable jurisdiction and this Site and its Operator expressly disclaim any and all liability for compliance with your local rules. Any use of this Site that may cause harm to or impair the Site or cause harm to third parties is strictly prohibited.

Web crawlers and the like are permitted to the extent that they are permitted by this Site's web services providers and to the extent that they do not interfere with or unduly burden the Site and that any such use does not otherwise violate this Agreement. Improper use of this Site as determined by its Operator, in its sole discretion, may subject you to civil and criminal liability.

3. SUBMITTED MATERIALS

YOU SHOULD ASSUME THAT ANY INFORMATION SUBMITTED THROUGH THIS SITE IS NOT PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE REGARDLESS OF WHETHER SUCH PRIVILEGE ACTUALLY EXISTS.

All personally identifiable information ("PII") or the like (as it may be defined by an applicable legal authority) collected through or by the Site or by third parties is governed by the Privacy Notice.

This Site, nor its Operator, claim ownership of the materials you may submit through this Site. However, by submitting information, you are granting this Site and its Operator (and any necessary sub-licensees) the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your information.

No compensation will be paid for the use of submitted information and the Operator is under no obligation to post or use any submitted information and may remove any submitted information at any time in the Operator's sole discretion.

By submitting information, you represent and warrant that you own or otherwise control all of the rights to such information and agree to indemnify, defend, and hold harmless, this Site and its Operator, for any infringement arising from the use of such work.

4. TERMINATION AND RESTRICTION OF ACCESS

The Operator reserves the right, in its sole discretion, to remove any information or materials, in whole or in part, from this site or to terminate your access to this site and the related services or any portion thereof at any time, without notice.

5. LIMITATION OF LIABILITY

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND THE OPERATOR DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATION OR WARRANTY INVOLVING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION MADE AVAILABLE ON THIS SITE OR THE PERFORMANCE OR SECURITY OF THE SITE ITSELF.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, REGARDLESS OF LEGAL THEORY OR CLAIM. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN SUCH SPECIFIC LIMITATIONS MAY NOT APPLY TO YOU.

YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USING THE SITE.

6. INDEMNIFICATION

Except as prohibited by law, you will hold the Operator and its officers, directors, members, employees, and agents harmless for any damages arising out of or in connection with your use of this Site or this Agreement (including attorney fees and all litigation expenses, including on appeal), regardless of legal theory or claim. With respect to this section, the Operator reserves the right to exercise reasonable control over how any such defense is carried out and the resolution thereof insofar as such defense and/or resolution may impact the Operator's rights or interests. This provision will survive your use of this Site.

7. THIRD PARTY MATERIALS

The Operator is not responsible for other sites or materials that may be linked to by this Site and disclaims all liability relating thereto in accordance with Section 5 of this Agreement.

8. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

The Operator respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Operator at Email Link:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

9. INFORMATION PRIVACY

This Agreement hereby incorporates the Privacy Notice.

10. SITE SECURITY

The Operator has taken reasonable measures to ensure the security of this Site, including relying on third party web services providers to provide hosting and associated functions and services. However, you are advised to exercise caution when accessing the Site and are solely responsible for your own security and that of your computer system with regard to your use of this Site. The exercise of caution is especially important when downloading any files from this Site or from other sources, generally.

THE OPERATOR DISCLAIMS ALL LIABILITY FOR ANY SECURITY RELATED ISSUES, INCLUDING THOSE INVOLVING THIRD PARTY ACTORS, ARISING OUT OF OR IN CONNECTION WITH ACCESSING OR USING THIS SITE IN ACCORDANCE WITH SECTION 5 OF THIS AGREEMENT.

11. TRADEMARKS & COPYRIGHT

All trademarks of the Operator are owned by the Operator. The names of third parties, including actual companies, products, or services, etc. that may be displayed on the site are or may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

All Site content is Copyright 2018 William L. Orlewicz. All rights reserved.

12. MISCELLANEOUS

This Agreement (together with the incorporated Privacy Notice) constitute the entire agreement concerning your use of this Site.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Wayne County, Michigan before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction in Wayne County, Michigan. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration.

You may not assign, transfer, or license your rights, interests, or obligations under this Agreement, in whole or in part, without the prior written permission of the Operator.

This Agreement shall be governed in its entirety according to the laws of state of Michigan without giving effect to its principles regarding conflicts of law.

If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the material intent of the Agreement is not defeated.

This Agreement was last revised September 29, 2018 at 16:27 UTC.