Michigan Business Privacy Policy and External Link Disclaimer

Last Updated: March 17, 2009.

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 responsibly. This notice describes our privacy policy. By visiting MichiganBusiness.us - you are 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 your products).

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.

Online Transactions

NEI receives online orders for upgrades via a well known and trusted payment option:

PayPal [read privacy policy]

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.

Newsletter Subscription

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, as a third party vendor, uses cookies to serve ads on this website.
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 policy.

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.

Children

NEI Enterprises, 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.

LISTING AGREEMENT

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.

RECITALS

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 "NEI Site");

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 NEI.

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. Fee.

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. Representations.

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 Business Directory.

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.

6. Indemnification.

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. General.

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.