Thank you for downloading State of Michigan's (State) mobile application (Application). Access and use of the Application is subject to these terms and conditions (Agreement), as well as all applicable laws and other Michigan.gov policies.
This Agreement covers modification and distribution of the Application, use of third-party application programs based on the Application, and development of software that uses the Application.
Terms and Conditions
- You agree to access and use the Application only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Application. Any use of this Application not specifically permitted under the Agreement is strictly prohibited.
- You agree that you will not use this Application to:
- Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
- Knowingly upload, disseminate or transmit any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the State's information technology system or the Application itself;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- Alter, damage, or delete or attempt to alter, damage or delete any information posted on the Application or contained in the State's information technology system;
- Circumvent any technology used by the State or its licensors to protect content accessible via the Application;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Application;
- Post any material that infringes upon or violates the intellectual property rights of another; or
- Collect or store personal information about others.
- The State reserves the right to monitor, delete, move, or edit any information that you provide, but is not obligated to do so. You agree that your use of any posted information is at your own risk, including any reliance on the accuracy, completeness, or usefulness of posted information. If you provide information, you agree that the State may copy, distribute, display, publish, modify, or translate any information for any purpose and in any medium without any obligation to compensate you or any third party in any way.
- The State may from time to time make available to all users of the Application, updates at no cost or subject to additional fees at the State's sole discretion. "Updates" means any updates, upgrades, or error corrections to the Application that the State makes available generally to users of the Application. Notwithstanding anything else contained in the Agreement, the State will have no obligation to continue producing or releasing new versions or updates of the Application.
- We are committed to providing access to all individuals, disabled or not, seeking information. For additional information reference the State's Accessibility Policy at: http://elmotorlodge.com/accessibility
- The State has taken a number of steps to prevent unauthorized access to information. For additional information reference the complete Security Policy at: http://elmotorlodge.com/security
- The State has links to other web sites outside of state government which are not controlled by this Agreement. For additional information reference the complete Link Policy at: http://elmotorlodge.com/link
- LIMITATION OF LIABILITY
NEITHER YOU, OTHER THIRD PARTIES RECEIVING THE APPLICATION, NOR THE STATE WILL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, OR A FAILURE OF THE APPLICATION TO OPERATE WITH ANY OTHER SOFTWARE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANYWAY OUT OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NO WARRANTY
BECAUSE THE APPLICATION IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE APPLICATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE STATE AND OTHER PARTIES PROVIDE THE APPLICATION "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APPLICATION IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
- The State of Michigan is not obligated in any fashion to provide technical assistance or other support with regard to your use of the Application.
- If any provision of this Agreement is invalid or unenforceable under applicable law, it will not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties, such provision will be reformed to the minimum extent necessary to make such provision valid and enforceable.
- The State may, in its sole discretion, terminate or suspend your access to and use of the Application without notice for any reason, including a violation of this Agreement or other conduct which the State, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the Application, and the State may use any means possible to enforce this termination.
- Should the State fail to insist upon strict adherence to any term of the Agreement it is not to be considered a waiver or deprive the State of the right to insist upon strict adherence to that term, or any other term, of the Agreement.
- This Agreement is governed by and is to be interpreted in accordance with the laws of the State of Michigan.
- This Agreement constitutes the entire agreement between the user and the State with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the State with respect to the Application.
Effective Date: November 2013