Last Updated: October 16,
The Michigan Business
Directory ( www.michiganbusiness.us
) website is owned and managed
by NEI Enterprises,
Inc. (NEI). NEI knows that you care how information about you is used and
shared, and we appreciate your trust that we will do so carefully and
accepting the practices described in this Privacy Notice.
What data do we collect automatically and why?
When you visit MichiganBusiness.us and you have not otherwise identified yourself (e.g., via registration with a
NEI Enterprises, Inc. Site), our web server automatically recognizes your
IP address, but not your e-mail address. We collect the IP
address and monitor general site use and traffic patterns to improve our web site and the products and services we offer.
NEI uses web server logs to collect data for metric purposes. Examples of the types of data collected on the logs are IP addresses, referral pages, date and time of Site access, and Site visited. We may use collected data to customize the content and/or layout of our pages for each individual visitor.
What happens if I register?
Registration is allowed on certain
pages of the MichiganBusiness.us website. When you
register your company on the MichiganBusiness.us website, information can be accessed by other visitors.
If you don't want to disclose this information you can leave optional fields blank.
E-mail addresses are necessary for interested parties to contact
your company. Providing an incorrect email address in the
business profile will disable any e-mail notifications from
visitors (i.e. visitors interested in your services or buying
NEI takes reasonable caution to
ensure that your email address is not publicly displayed.
NEI may use company information from it's member businesses to
contact them regarding a new service or product that may
interest them. You may request removal at anytime.
NEI receives online orders for
upgrades via a well known and trusted payment option:
PayPal [read privacy
From our payment operator we only receive registration related information, we have no access to credit card numbers or bank account details you provided during purchase.
Information from Contact Forms and
Request for Services
Technical information obtained while we provide support may be used to train personnel and to create documentation, knowledge base, FAQs and other support materials. No personal information of
yours will be published.
NEI offers online services such as
our "Pay Per Lead
Program". Some online services require you enter
personal identifying information. Any information collected by online
services we offer is not disclosed to third parties unless
explicitly stated, and it is not used for any purposes not directly related to the functions of the application.
You may be interested in receiving notifications about new
services. We don't send more than one email
newsletter per month. Unsubscribe instructions are provided at the
bottom of each message. Removal requests are processed immediately upon reception.
What About Cookies?
Google's use of the DART cookie enables it to serve ads to
MichiganBusiness.us visitors based on their visit to this
website and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy
Does NEI Share the Information It Receives?
Information about our
member businesses is an important part of our business,
and we are not in the business of selling it to others. We do not share your
information with anyone outside of NEI Enterprises, Inc. except for
authorizing transactions through Paypal.
Inc. does not sell products or services for purchase by children. If you are under 18, you may use our
website only with involvement of a parent or guardian. NEI takes
reasonable precautions to ensure that companies do not post
information that is not safe for people of all ages.
Visitors are never required to specify age information.
Conditions of Use, Notices, and Revisions
If you choose to visit
our website, your visit and any dispute over
privacy is subject to this notice and our Conditions of Use, including limitations on damages,
arbitration of disputes, and application of the law of the state of Michigan.
If you have any concern about privacy at NEI Enterprises, Inc., please send us a thorough
description and we will try to resolve it. Our business
changes constantly. This Notice will change also, and use of
information that we gather now is subject to the Privacy Notice in effect at
the time of use. We may e-mail periodic reminders of our notices and
conditions, unless you have instructed us not to, but you should check our Web
site frequently to see recent changes.
External Links Disclaimer
Some links in on MichiganBusiness.us Web site(s) point to documents and sites which are not located within the internet domains
that we manage and, therefore, are not controlled by NEI Enterprises, Inc. These links are included to point the
visitor to other possibly relevant resources.
A link to a document or site other than those included within the domain(s)
managed by NEI does not necessarily imply that NEI:
endorses the organization(s) or person(s) providing them,
agrees with the ideas expressed, or
attests to the correctness, factuality, appropriateness, or legality of the contents.
THIS AGREEMENT ("Agreement") is between
NICAYLA Enterprises, Inc. ("NEI"), a Michigan
corporation and "CLIENT". By executing this Agreement, CLIENT agrees to the terms and conditions set forth in this Agreement.
A. NEI is the owner or provider of certain Internet services and content areas including its searchable "Michigan
Business Directory" directory of Michigan businesses and community organizations that are accessible through the Uniform Resource Locator ("URL")
www.michiganbusiness.us (together with any replacement or successor URL, the
B. CLIENT is the owner or provider of certain Internet services and/or content that are accessible through its website (the "CLIENT Site");
C. CLIENT wishes to have NEI include CLIENT's listing in the Michigan
Business Directory and, if appropriate based on CLIENT’s selected listing category, to link to the
NEI Site and to integrate a link from that page of the NEI Site to the CLIENT Site so that
NEI users may have convenient access to the CLIENT Site;
D. NEI is willing to provide such Michigan Business Directory
directory listing and links under the terms and conditions set forth herein.
TERMS AND CONDITIONS
1. Directory Listing and Links.
1.1 NEI shall provide a directory listing to CLIENT in its Michigan
Business Directory in accordance with the listing level selected by CLIENT based upon the
Michigan Business Directory Listing Packages selected by CLIENT and subject to
NEI’S standards for acceptance.
1.2 NEI reserves the right of review of any descriptions provided by CLIENT and may refuse any text at its sole discretion.
NEI will work with CLIENT with the goal of having a description that is desired by CLIENT and that is consistent with
NEI’s standards for listing descriptions.
1.3. NEI will post one link from the NEI Site to the CLIENT Site using one of the URLs provided by CLIENT (the "CLIENT URLs"). While
NEI shall attempt to include CLIENT’s listing on a non-discriminatory basis consistent with the tiered listing levels, the position, prominence and nature of links on the
NEI Site shall be solely in the discretion of NEI. Any graphical images and/or text which Client wishes to be used in the link from the
NEI Site to the CLIENT Site shall be supplied by CLIENT to NEI via appropriate electronic files if an upgraded
listing is selected and paid for. CLIENT is responsible for maintaining the CLIENT URL and
NEI shall have no responsibility for any failure to link to CLIENT’s site due to a failure to keep the CLIENT information current or technical issues resulting from CLIENT’s data or information.
1.4 CLIENT’s inclusion in the Michigan Business Directory is subject to
listing standards determined by NEI and are subject to change at
NEI's sole discretion. CLIENT's qualification with the listing standards shall be determined by
NEI in its sole discretion based upon the information and certifications provided by CLIENT.
1.5 NEI grants to CLIENT a limited license to link to the NEI
Site, including the URLS specified, and to use NEI's trademarks and trade names located on the
NEI Site solely for the purposes of this Agreement.
CLIENT will not use the NEI logo, trademarks or trade names to imply that
NEI endorses, sponsors or is affiliated with CLIENT or CLIENT's products or services or in any way that would cause confusion with, or dilute or damage the reputation or image of
NEI. CLIENT will not place the NEI Website or URLs in a "frame" within CLIENT's own Web site, without specific permission from
1.6 NEI RESERVES THE RIGHT TO REFUSE ANY LISTING OR TO DELETE ANY LISTING AT ANY TIME (SUBJECT TO THE TERMINATION PROVISIONS OF SECTION 4 HEREOF) BASED ON APPLICATION OF ITS OWN STANDARDS AND JUDGMENT REGARDING THE TYPES OF CLIENTS THAT SHOULD PROPERLY BE INCLUDED IN ITS MICHIGAN
Business Directory FROM TIME TO TIME.
2.1. For the upgraded Michigan Business Directory directory
listings, CLIENTs that are businesses shall pay NEI an annual fee, payable in advance, for the appropriate amount as selected by CLIENT.
3. Ownership and Licenses.
3.1. Each party owns (or has the right to use and sublicense) and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, which shall be used in connection with links to the other party's site, as provided for in this Agreement, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
3.2. CLIENT grants NEI a revocable, non exclusive, worldwide, royalty free license to use, reproduce and transmit the name, descriptions, logos, trademarks, service marks, trade dress and proprietary technology, as designated herein, on the
NEI Site solely for the purpose of creating links from the NEI Site to the CLIENT Site.
4. Term and Termination.
4.1. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five
(15) business days' prior written notice of such termination to the other party. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, including but not limited to the representations and indemnification provisions, shall survive termination of this Agreement. THERE WILL BE NO REFUNDS UPON TERMINATION FOR ANY REASON.
5.1. CLIENT represents that it has reviewed NEI's Criteria set forth on
NEI's web site and represents that it meets that criteria for listing in the Michigan
5.2. Each party, to the best of its knowledge, represents to the other that: (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious computer programming routines.
5.3 EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein, provided that the indemnifying party is promptly notified in writing of any such claims. The indemnifying party shall have the sole right and obligation to defend such claims at its own expense. The indemnified party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request.
7. Limitation of Liability.
IN NO EVENT SHALL NEI BE LIABLE OR OBLIGATED UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF
NEI WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEE PAID OR PAYABLE TO
NEI UNDER THIS AGREEMENT.
8.1. The relationship of the parties hereto is that of independent contractors and neither party shall have any authority to obligate or bind the other in any respect. Notwithstanding anything to the contrary, this Agreement does not and shall not be deemed to constitute a partnership or joint venture between the parties and neither party nor any of their respective directors, officers, employees or agents shall, by virtue of the performance of their obligations under this Agreement, be deemed to be an agent or employee of the other.
8.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Michigan without regard to the conflict of laws provisions thereof. Any action to enforce this Agreement shall be brought in the federal or state courts located in that state.
8.3 The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. If any portion of this Agreement is invalid or unenforceable, such portion(s) shall be limited or excluded from this Agreement to the minimum extent required and the balance of this Agreement shall remain in full force and effect.
8.4. This Agreement contains the entire understanding of the parties regarding its subject matter and can only be modified or waived by a subsequent written agreement signed by both parties.