Any rights not expressly granted herein are reserved to Mission Throttle.
Modifications and Update
The most current version of these terms can be reviewed by clicking on the “Terms & Conditions” link located at the bottom of each page of Mission Throttle’s Website. These notices, terms and conditions are subject to change in the sole and absolute discretion of Mission Throttle. All updates, enhancements, new features and/or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Website constitutes your continued acceptance to all such notices, terms and conditions as modified.
Use of Website
You agree that you will not:
- permit any third party to use the Website,
- use the Website in the operation of a service bureau, or
- sublicense the use of the Website to third parties.
Availability of this Website or particular information or services is subject to change without notice.
Validity and Accuracy Of Data
MISSION THROTTLE DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY MISSION THROTTLE IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. MISSION THROTTLE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION.
THE WEBSITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. MISSION THROTTLE DOES NOT ASSUME THE RESPONSIBILITY TO MONITOR OR EDIT SUCH POSTINGS. MISSION THROTTLE DISCLAIMS ALL RESPONSIBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD MISSION THROTTLE RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.
Children Under 18
Mission Throttle does not collect seek to collect information from or provide information or services to people under the age of 18. If you are under 18, you may use the Website only with involvement of a parent or guardian. Mission Throttle reserves the right to refuse service, terminate accounts, remove or edit content, or take other actions in its sole discretion.
While Mission Throttle may provide a mechanism for “tagging” adult or other inappropriate content in both files and links, Mission Throttle assumes no responsibility for the accuracy or completeness of such tagging, nor does this Website feature imply any obligation on the part of Mission Throttle to censor such content either automatically or manually. While Mission Throttle respects the right of individuals to free expression, Mission Throttle cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.
When you provide Mission Throttle any content, including, but not limited to, articles, photographs and videos, you grant Mission Throttle the right to use that content for all purposes. You agree that if you provide Mission Throttle with your name and/or image of yourself that Mission Throttle shall have the right to use your name and/or image in connection with promoting, advertising or marketing Mission Throttle’s services associated with the Website. You agree that Mission Throttle is under no obligation to:
- maintain any of your materials in confidence;
- to pay to you or any user any compensation for any such materials; or
- to respond to any of your or any other user’s materials. You represent and warrant to Mission Throttle that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to Mission Throttle.
If you provide Mission Throttle with any articles to be posted on the Website (“Work Product”), then you grant a license to Mission Throttle to display and use all Work Product without charge.
Links to Third Party Sites
Mission Throttle may contain links to other websites (“Linked Sites”). If you go to any Linked Sites, you may be leaving the Website. Unless otherwise indicated, Mission Throttle is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Mission Throttle and Mission Throttle is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Mission Throttle does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Mission Throttle is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Mission Throttle. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
Linking to Mission Throttle
Linking to Mission Throttle from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Mission Throttle’s content. A Linking Site shall not create a frame, browser or border environment to Mission Throttle’s content and a Linking Site shall not imply that Mission Throttle is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Mission Throttle, shall not provide false information about Mission Throttle’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Mission Throttle or others. Linking Sites shall abide by any and all applicable laws.
Limitation Of Warranties
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MISSION THROTTLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, MISSION THROTTLE AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MISSION THROTTLE DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
Limitation of Damages
IN NO EVENT SHALL MISSION THROTTLE AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM MISSION THROTTLE THROUGH THIS WEBSITE.
Limitation of Liability
MISSION THROTTLE’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).
Release and Indemnification
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Mission Throttle, are the property of Mission Throttle and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY MISSION THROTTLE IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Mission Throttle and is protected by United States and international copyright laws. All software used on this site is the property of Mission Throttle or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Mission Throttle pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
Copyright Infringement Policy
You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Mission Throttle, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Mission Throttle accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Mission Throttle has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Mission Throttle in a written complaint that complies with the requirements below and is delivered to Mission Throttle’s designated agent to receive notification of claimed infringement:
Mission Throttle LLC
Two Towne Square
Southfield, MI 48076
United States of America
Contact Mission Throttle by e-mail by filling out the contact form.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mission Throttle to locate the material.
Information reasonably sufficient to permit Mission Throttle to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
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 or on behalf of the person defamed.
“MISSION THROTTLE” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website is the sole property of Mission Throttle. Mission Throttle’s trademarks may not be used in connection with any product or service that is not owned by Mission Throttle in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mission Throttle. Any trademarks not owned by Mission Throttle that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Mission Throttle or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all remaining provisions will remain in full force.
Resolution of Disputes
- Forum for Disputes
- Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website.
- Arbitration Option
- For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims
- All Claims you bring against Mission Throttle must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Mission Throttle may recover actual attorneys’ fees and costs.