Last updated November 2015
2. Products, Content and Communications.
All features, content (including, without limitation, our copyrighted material, trademarks, trade names, service marks, and logos), specifications, products and prices of products described or depicted on the Website (collectively, the “Content”) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We use reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer system will accurately display all colors.
The inclusion of any products in the Website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Shipping Limitations.
We only ship to addresses located in the State of Michigan. When an order is placed, it will be shipped to the Michigan address that you as the purchaser designate. All purchases from the Website are made pursuant to a shipment contract with a third party carrier. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. Unless otherwise indicated in the returns and exchanges policies posted on the Website, you will be responsible for filing any claims with carriers for damaged, stolen and/or lost shipments.
4. Accuracy of Information.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may sometimes be inaccurate, incomplete or out of date. We make no representation or warranty as to the completeness, accuracy or currency of any Content or information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders (e.g. via e-mail), the receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Use of the Website.
Certain trademarks, trade names, service marks, and logos used or displayed on the Website are registered and unregistered trademarks, trade names, and service marks of ours. Other trademarks, trade names, and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names, and service marks of their respective owners. Nothing contained on the Website grants or should be construed as granting, by implication or otherwise any license or right to use any trademarks, trade names, service marks, or logos displayed on the Website without our written permission or the written permission of such third party owner.
7. Copyright Policy.
We take all concerns related to intellectual property infringement very seriously. It is our policy, at our sole discretion, to cancel, disable or terminate any user's account if she or he infringes, is alleged to infringe, or appears to infringe the intellectual property rights of others.
If you believe that any Content on our Website infringes any copyright please provide the following information to our DMCA Agent:
1. A physical or electronic signature affirming that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on our Website;
3. Identification of the Content 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to our DMCA Agent, who can be reached as follows:
MotorCity Casino Hotel
2901 Grand River Avenue
Detroit, MI 48201
Telephone: (313) 237-7711
By E-Mail: KWilliams1@mccemail.com
Due to IT limitations, no attachments can be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed. You should only send notice of potential copyright infringement to our DMCA Agent. All other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), should be directed to our customer service representatives.
8. Linking to the Website.
Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rules and regulations.
9. Third Party Websites.
From time to time, the Website may contain links to websites that are not owned, operated or controlled by Shopify, us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from the Website or hosted on the Shopify platform, you do so entirely at your own risk.
From time-to-time, Shopify may display or otherwise make available on the Website advertisements and/or offers provided by third-parties ("Third Party Advertisements"). You understand and agree to hold Shopify and us harmless and agree that we and Shopify shall have no liability whatsoever for such Third Party Advertisements. If you click on or otherwise link to such Third Party Advertisements, you do so solely at your own risk. Your sole remedy in connection with such Third Party Advertisements will be with the third party, and not with us or Shopify.
10. Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11. User Communications.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE, SHOPIFY, NOR ANY OF OUR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. THE MATERIALS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER WE, SHOPIFY, NOR ANY OF OUR RESPECTIVE AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND SHOPIFY HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND SHOPIFY HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13. LIMITATIONS OF LIABILITY.
Neither we nor Shopify nor our respective officers, directors, employees, shareholders, parents, affiliates, members, agents, successors, assigns, nor any party involved in the creation, production or transmission of the Website, assume any responsibility, and shall not be liable for, any damages to, or viruses or other malware that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials, from the Website. IN NO EVENT WILL WE, SHOPIFY, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, AFFILIATES, MEMBERS, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE OR OFFERING OF ANY PRODUCT THEREON BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF ANY PRODUCT LISTED OR PURCHASED ON OR THROUGH THE WEBSITE, OR THE INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT ARE LISTED OR THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN, EXCHANGE OR REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THE WEBSITE.
16. Choice of Law; Jurisdiction.
You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.