Gail & Rice: Terms of Use

This site is owned or managed by GAIL & RICE, INC. (“Gail & Rice”).

Gail & Rice provides this Gail & Rice Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Gail & Rice Website. Your use of this Gail & Rice Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Gail & Rice Website. This Agreement sets forth Gail & Rice’s policies with respect to its operation of Gail & Rice Websites. Other policies govern Gail & Rice’s non-Internet operations.

Certain products or services offered by this and/or other Gail & Rice Websites (each a “Gail & Rice Internet Service,” and collectively “Gail & Rice Internet Services”), and certain areas within this and/or other Gail & Rice Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Gail & Rice Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY GAIL & RICE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY GAIL & RICE WEBSITE MAY BE TERMINATED IMMEDIATELY IN GAIL &RICE’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement
Gail & Rice reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Gail & Rice Website and/or Gail & Rice Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Gail & Rice Website and/or the Gail & Rice Internet Service to which the changes may apply.

Privacy and Protection of Personal Information
All personal data is kept totally confidential. Your personal information will not be shared with any third party or distributed for any purpose.

Accounts, Security, Passwords
If a particular Gail & Rice Website or Gail & Rice Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gail & Rice immediately of any unauthorized use of your account. Gail & Rice is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Gail & Rice Internet Service.

Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS GAIL & RICE WEBSITE AND/OR GAIL & RICE INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS GAIL & RICE WEBSITE OR GAIL & RICE INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GAIL & RICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GAIL & RICE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GAIL & RICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS GAIL & RICE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. GAIL & RICE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS GAIL & RICE WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

GAIL & RICE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF GAIL & RICE INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This Gail & Rice Website may contain links to websites operated by third parties. Gail & Rice does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Gail & Rice’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software Available Through G&R Website
Any software that is made available to view and/or download in connection with a Gail & Rice Internet Service (“Software”) is owned or controlled by Gail & Rice and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Gail & Rice accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants
This Gail & Rice Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Gail & Rice. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Gail & Rice does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Gail & Rice will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Gail & Rice Internet Service.

Modification/Termination by Gail & Rice
Gail & Rice reserves the right, in its sole discretion, to modify, suspend, or terminate this Gail & Rice Website and/or any portion thereof, including any Gail & Rice Internet Service, and/or your account, password, or use of any Gail & Rice Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Gail & Rice Internet Service removes your authorization to use the Gail & Rice Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Gail & Rice shall not be liable to you or any third-party for any termination of your access to a Gail & Rice Internet Service.

Interactive Services
This Gail & Rice Website may offer certain Gail & Rice Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively “Gail & Rice Interactive Services”).

Subscription Services
This Gail & Rice Website may offer certain Gail & Rice Subscription Services such as newsletters (collectively “Gail & Rice Subscription Services”). By registering for a Gail & Rice Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Limitations on Liability
In no event shall Gail & Rice, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Gail & Rice Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Gail & Rice Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Gail & Rice Website or any information, software, products, services, and related graphics obtained through the Gail & Rice Website; (vi) any transactions entered into through this Gail & Rice Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Gail & Rice Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Gail & Rice Website and Gail & Rice Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Gail & Rice has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Gail & Rice, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Gail & Rice Website and any related Gail & Rice Internet Service and/or software. Gail & Rice reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Gail & Rice in asserting any available defenses.

International Use/U.S. Export Controls
Accessing materials on this Gail & Rice Website by certain persons in certain countries may not be lawful, and Gail & Rice makes no representation that materials on this Gail & Rice Website are appropriate or available for use in locations outside the United States. If you choose to access this Gail & Rice Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Gail & Rice Website. No software or any other materials associated with this Gail & Rice Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Gail & Rice Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.

We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Gail & Rice and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the Gail & Rice family in order to enhance your experience on this and other Gail & Rice Websites.

IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

Cookies
This Gail & Rice site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy. In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:

This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.

In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.

In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

Security of Your Personal Information
Gail & Rice employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.

Legal Process
You should be aware that Gail & Rice may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Gail & Rice brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Gail & Rice Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Detroit, Michigan. You agree to submit to the personal jurisdiction of the courts of the State of Texas for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Gail & Rice with respect to the use of this Gail & Rice Website and shall not be modified except in writing, signed by an authorized representative of Gail & Rice.

If you have any questions concerning this Agreement, you may send them via postal mail to:

General Counsel
c/o Legal Department
Gail & Rice, Inc.
21301 Civic Center Drive
Southfield, Michigan 48076

European Union and Other Foreign Nations
This Gail & Rice website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Gail & Rice makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property
The Gail & Rice Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Gail & Rice logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Gail & Rice or by other parties that have provided rights thereto to Gail & Rice.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Gail & Rice Website, in whole or in part, without the express written permission of Gail & Rice.

Other trademarks, service marks, product names and company names or logos appearing on this Gail & Rice Website that are not owned by Gail & Rice may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Gail & Rice Website, or frame this Gail & Rice Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Gail & Rice Website in an email for commercial purposes, without the express written permission of Gail & Rice.
You may inquire about obtaining permission by writing:

General Counsel
c/o Legal Department
Gail & Rice, Inc.
21301 Civic Center Drive
Southfield, Michigan 48076

Copyright Infringement
Gail & Rice respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Gail & Rice Website, you are granting permission to have this material posted on this Gail & Rice Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Gail & Rice reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Gail & Rice may have under law or contract.

Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

General Counsel
c/o Legal Department
Gail & Rice, Inc.
21301 Civic Center Drive
Southfield, Michigan 48076

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gail & Rice to locate the material.
(iv) Information reasonably sufficient to permit Gail & Rice to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the Gail & Rice Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Gail & Rice Interactive Service.

You agree that you will not:

* Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
* Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Gail & Rice Website, or any postings which advocate illegal activity.
* Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
* Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
* Deliver, or provide links to, any postings containing defamatory, false or libelous material.
* Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
* Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships
* Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
* Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
* Use this Gail & Rice service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Gail & Rice Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
* Attempt to gain unauthorized access to this Gail & Rice Website, any related website, other accounts, computer system, or networks connected to this Gail & Rice Website, through hacking, password mining, or any other means.
* Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Gail & Rice Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the Gail & Rice Website using your account. Any violation of these provisions can subject your Gail & Rice account to immediate termination and, possibly, further legal action.

Gail & Rice does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Gail & Rice interactive website by you or other users. Gail & Rice is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Gail & Rice reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Gail & Rice is not responsible or liable for damages of any kind arising from any postings even when Gail & Rice is advised of the possibility of such damages, or from Gail & Rice’s alteration or deletion of any posting.

The information and opinions expressed in postings on this Gail & Rice Website are not necessarily those of Gail & Rice or its content providers, advertisers, sponsors, affiliated or related entities, and Gail & Rice makes no representations or warranties regarding that information or those opinions. Gail & Rice does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the Gail & Rice Website automatically and immediately become the property of Gail & Rice without any obligation of confidentiality. Gail & Rice shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Gail & Rice does not retain exclusive ownership of any posting, then you hereby expressly grant to Gail & Rice a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You agree to notify us immediately of any unauthorized use of your account.

Limited to Personal and Non-Commercial Use
This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

General Counsel
c/o Legal Department
Gail & Rice, Inc.
21301 Civic Center Drive
Southfield, Michigan 48076