Michigan Education Trust
 

Use Agreement and Disclaimer

The ONLINE CONTRACT ACCESS WEBSITE (hereinafter "Website") is offered to you conditioned on your acceptance without any modification of the terms, conditions, and notices contained in this Website Use Agreement (hereinafter "Agreement").

THE WEBSITE
The Website is established by Intuition Systems, Inc. for online user access to individual Purchaser contract information for the Michigan Education Trust (MET) Program and includes all of the pages, links, graphics, text, source code and other programs, routines, and other components of the Website (whether visible to or discernible to the user). The information and materials contained on this Website are subject to change without notice to the user.

By accessing or using the Website you agree to be bound by all of the terms, conditions, and notices in this Agreement, including any additions, changes or modifications to the Agreement made by Intuition Systems, Inc. and posted on the Website.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, DO NOT ACCESS THE WEBSITE OR USE ANY OF THE SERVICES PROVIDED ON THE WEBSITE.

MODIFICATION OF THIS WEBSITE USE AGREEMENT
Intuition Systems, Inc. reserves the right to change the terms, conditions, and notices contained in this Agreement, including but not limited to any charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions.

DISCLAIMERS
The materials and services on this Website are provided "as is" and for information and limited update purposes only. The Michigan Education Trust program, the State of Michigan, (hereinafter referred to collectively as "Michigan Education Trust"), and Intuition Systems, Inc. make no representations or warranties that the materials are suitable for your needs, are complete, timely, reliable, or are free from errors, inaccuracies or typographical mistakes. MICHIGAN EDUCATION TRUST AND INTUITION SYSTEMS, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF OTHER'S RIGHTS.

LIMITATION OF LIABILITY
In no event shall Michigan Education Trust and Intuition Systems, Inc. be liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from lost data or business interruption, or punitive damages of any kind whatsoever that may result from your use of or inability to use this Website or the materials or services provided on this Website or the products or services received from this Website. You agree that neither Michigan Education Trust nor Intuition Systems, Inc. shall be liable for any viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our Website. We shall not be responsible or liable for any indirect, incidental or consequential damages which may result from such harmful components.

COPYRIGHT AND TRADEMARKS
Copyright in the Website (including the pages and in the screens displaying the pages) and in the information and material displayed or contained in the Website (including the arrangement of the material) is owned by Intuition Systems, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

Intuition Systems, Inc. is a registered trademarks and service mark. Intuition Systems, Inc. may also claim trademark and service mark rights in other marks contained in the pages of the Website.

SERVICE UNAVAILABLE OR DELAYS
Access to services may be limited, delayed, or unavailable during periods of peak demand, system upgrades or maintenance, or electronic, communication or system problems, or for other reasons. You understand and agree that neither Michigan Education Trust nor Intuition Systems, Inc. will be liable to you if you were unable to access the Website. In the event any part of the services is delayed or unavailable at any time or you experience problems using the services, you agree to use alternative means to place orders and obtain contract information.

GOVERNING LAW
This agreement is governed by the laws of the State of Florida, U.S.A.

Intuition Systems, Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Intuition Systems, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Intuition Systems, Inc. with respect to that use.

You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Florida, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in this Agreement, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT
Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between the user and Intuition Systems, Inc. with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Intuition Systems, Inc. with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


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