THE AEM OUTFITTERS WEBSITE
The AEM Outfitters Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the AEM Outfitters Website is the property of AEM Outfitters, its suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. AEM Outfitters hereby grants you a limited, nonexclusive, non-transferable, personal license to use the AEM Outfitters Website for personal or, informational purposes only. Except as expressly authorized by AEM Outfitters in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the AEM Outfitters Website for any purpose or"frame" or "mirror" the AEM Outfitters Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to AEM Outfitters, its suppliers and/or its licensors.
To use certain features of the AEM Outfitters Website, purchase software licenses from AEM Outfitters or participate in certain activities sponsored by AEM Outfitters, we might ask you to register as a customer, user or participant. If so requested, each AEM Outfitters Website user must: (1) personally provide true, accurate, current and complete information on the AEM Outfitters Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, AEM Outfitters has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, AEM Outfitters may suspend or terminate any and all current or future use of the AEM Outfitters Website by that user. A user may receive passwords and account designations upon completing certain AEM Outfitters Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to AEM Outfitters or the AEM Outfitters Website, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding the user's ownership, the submitting user grants AEM Outfitters the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to AEM Outfitters to use, reproduce, publish, distribute and display such Content solely on or through the AEM Outfitters Website. AEM Outfitters has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. AEM Outfitters shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. AEM Outfitters, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of AEM Outfitters Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the AEM Outfitters Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the AEM Outfitters Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this AEM Outfitters Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from AEM Outfitters; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. AEM Outfitters shall not be liable in any way for any Content.
PURCHASE OF SOFTWARE LICENSES
Your purchase of a license to use the software programs featured on the AEM Outfitters Website is subject to the AEM Outfitters, LLC License Purchase Agreement
The AEM Outfitters Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the AEM Outfitters Website or otherwise provide such information to AEM Outfitters, including but not limited to personally identifiable information.
AEM Outfitters may terminate your use of the AEM Outfitters Website for: (1) breach of these Terms; (2) your abuse of AEM Outfitters Website resources or attempt to gain unauthorized entry to the AEM Outfitters Website; or (3) as required by law, regulation, court or governing agency order. AEM Outfitters' termination of any user's access to the AEM Outfitters Website may be effected without notice and, on such termination, AEM Outfitters may immediately bar any further access to the AEM Outfitters Website. AEM Outfitters shall not be liable to any user or other third party for any termination of that user's access to the AEM Outfitters Website. In the event of termination, AEM Outfitters reserves the right to delete or save a user's Content at AEM Outfitters' sole discretion.
The AEM Outfitters Website may provide links to other websites. AEM Outfitters exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE AEM OUTFITTERS WEBSITE IS AT HIS OR HER SOLE RISK. THE AEM OUTFITTERS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AEM OUTFITTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AEM OUTFITTERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE AEM OUTFITTERS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"AEM Outfitters" is trademark of AEM Outfitters. All other marks, names, and logos mentioned on the AEM Outfitters Website are the property of AEM Outfitters or their respective owners. Your use of the AEM Outfitters trademarks and other marks, names and logos set forth on the AEM Outfitters Website without prior written consent is strictly prohibited.
AEM Outfitters respects the intellectual property rights of others, and requires that the people who use the AEM Outfitters Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this AEM Outfitters Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit AEM Outfitters to locate the material, including the full URL; (4) your name, 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
Howard & Howard Attorneys PLLC
450 West Fourth Street
Royal Oak, Michigan 48067
The Terms constitute the entire agreement between each user and AEM Outfitters and govern each user's use of AEM Outfitters Website, superseding any prior agreements. The Terms and the relationship between each user and AEM Outfitters shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Oakland County, Michigan. This AEM Outfitters Website is controlled and operated by AEM Outfitters from its offices within the State of Michigan, United States of America. AEM Outfitters makes no representation that materials in the AEM Outfitters Website are appropriate or available for use in other locations. Those who choose to access this AEM Outfitters Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms 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 remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between AEM Outfitters and any user.