General Terms & Conditions of Accessing our Website
The following Terms and Conditions govern your use of the Michaud Cooley Erickson and Associates (“MCE”) website and any information and materials accessible on or from this site. These Terms and Conditions constitute the entire agreement and understanding between us concerning your use of the MCE website. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Please read these Terms and Conditions carefully before accessing our site. By accessing our site, you signify your assent and agreement to be bound by these Terms and Conditions in connection with your access to and use of the MCE website. If you do not agree with these Terms and Conditions, please do not access this site. MCE may revise these Terms and Conditions at any time. Any revisions to MCE’s website become effective immediately upon posting. Revisions will be posted on this page and users are responsible for reviewing this page from time to time to ensure compliance. Your continued access of the site will constitute your acceptance of any changes or revisions to the Terms and Conditions. You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). The MCE website may not be used by individuals under the age of 18 (or the age of majority in the State in which the individual resides).
Notice of Binding Arbitration & Class Action Waiver
These Terms and Conditions include a mandatory binding arbitration provision and class action waiver, which limit your rights in the event of a dispute related to the MCE website. Please refer to the “Governing Law” and “Class Action Waiver” sections below for more information.
All information and content on the MCE website, including, without limitation, content in the form of text, source codes, databases, functionality, page headers, button icons, scripts, data, layout, broadcasts, articles, graphics, designs, images, software, music, sound, photographs, trademarks, logos and videos (collectively, the “Intellectual Property”), is protected by United States copyright law and/or other proprietary rights and laws and is owned by MCE, or used by MCE under license from the copyright owner. All photographs displayed on this website are the property of MCE and/or its subcontracted photographers. You may not, except under a written license from MCE (or its authorized licensors) or otherwise with MCE written consent, copy, download, transmit, reproduce, reprint, modify, create derivative works from, distribute, publicly display, license, lease, transfer or sell in any manner whatsoever, the Intellectual Property, except to the extent that such use is authorized under United States copyright laws. Any unauthorized use of the Intellectual Property is strictly prohibited and may violate copyright, trademark and other laws or intellectual property or other rights.
No Representations or Warranties
MCE makes the information on its site available for general information purposes only. While MCE strives to make this information as up to date and accurate as possible, MCE assumes no responsibility for, and makes no representations, warranties, promises, or guarantees about the use, results, accuracy, completeness, or adequacy of the information and content presented on this site. Therefore, all information and content are presented “AS IS” and on an “AS AVAILABLE” basis, and MCE expressly disclaims all implied or express warranties to the fullest extent permitted by law, including but not limited to those of merchantability, fitness for a particular purpose, or non-infringement, relating to such information and content and further expressly disclaims any damages or liability for errors and omissions in the accuracy, completeness or adequacy of such information and content or the use of the same.
In no event shall MCE be liable for any damages whatsoever, including direct, special, punitive, indirect, consequential, or incidental damages, including damages arising from or related to the use of, or reliance on, the information contained or transmitted on or through this site, loss of profits or revenues, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials on this site, even if MCE has been advised of the possibility of such damages. Any action taken from the information contained on the MCE website is strictly at your own risk and the site and its content are provided on an “AS IS” and “AS AVAILABLE” basis.
Links to Third Party Sites
MCE recognizes and respects the privacy of users of its website. When you choose to provide MCE with information about yourself, MCE will act in a responsible manner. MCE does not collect any personal information about you unless you voluntarily provide it to us. You provide certain personal information to us when you (a) register for our services and register your e-mail address with us; (b) use this site to apply for a career with MCE; (c) send e-mail messages, submit forms or other information by telephone or letter; or (d) submit your credit card or other payment information when ordering and purchasing products and services on our site. Personal information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage data
MCE reserves the right, to the extent and under circumstances permitted by applicable law, to retain, monitor and intercept data transfers to and from its systems. Although MCE’s site and any attachments are believed to be free of any virus or other defect that might affect any computer system into which they are received, it is the responsibility of the recipient to ensure that its computer systems and networks are virus free and no responsibility is accepted by MCE, as applicable, for any loss, delay, interruption, failure or corruption of any data or other information transmitted in connection with use of the MCE site.
These Terms and Conditions are governed by and construed in accordance with the laws of the state of Minnesota, without giving effect to any choice of law principles thereof regardless of where you as the user are based. Any claim, controversary or dispute related to these Terms and Conditions, or your access to the MCE website, shall be resolved solely by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any arbitration may, but need not be, administered by the American Arbitration Association and shall be held in Minneapolis, Minnesota. There shall be one arbitrator and the arbitration shall be in English. You understand you are giving up your rights to have any disputes determined in a court before a judge or jury.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.