Terms of Use & Privacy Policy

LEGAL NOTICES, TERMS OF USE, AND PRIVACY POLICY

These are the legal notices and terms of use and the privacy policy that apply to all of the following domains. We refer to each of the websites accessible through these domain names as a "site" and, collectively, the "sites."

WWW.MICIM.COM
WWW.MICM.NET
WWW.MICIM.ORG
WWW.MCIM.US

When we refer to "we," "us," or "our," we mean Michigan Construction Industry Mutual or the specific division, subsidiary, or affiliate that operates the site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to "you" or "your," we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, "you" or "your" also means that other person, including business organization.

LEGAL NOTICES AND TERMS OF USE

Copyrights and Other Intellectual Property.

Trademarks of others are the property of their respective owners. These include Microsoft(r) Corporation (as to Word(r), Excel(r), Access(r), and PowerPoint(r)). We make no claim to the trademarks of others.

Agreement to be Bound.

By accessing this or any other site, continuing to access this or any other site, or downloading materials from this or any other site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use any site or download materials from any site.

Limited License.

Subject to these terms of use, we grant to you a non-exclusive, non-transferable, limited right to access the sites and the materials thereon. You may use the sites for informational purposes and in connection with the purchase of products or services from us. If you are not employed by a business or organization with authority to access this site, your limited right to access the sites and the materials thereon is terminated.

No Interruption.

You agree not to interrupt or attempt to interrupt the operation of any site in any way.

Use of Materials.

We authorize you to view and download materials from the sites only for your use in connection with the purchase or evaluation of our products and services or in the exercise of any membership rights described in any of the sites. This authorization is not a transfer of any rights in the materials other than those expressly granted. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions.

(1) you may not remove, or disassociate, from any of the materials any copyright or other proprietary notices contained in the materials;

(2) you may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the materials for any purpose not expressly permitted by these terms of use; and

(3) you may not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms of use.

Confidential Information.

Except as expressly requested in a site, we do not want you to, and you should not, send any confidential or proprietary information to, or post any such information on, any site. Except where we expressly request confidential information from you and tell you that information that you give to use will be treated otherwise, any information you give to use through any site is subject to the following provisions.

(1) You represent and warrant to us and to all others that may access the site that you own, or possess sufficient rights in, all such information and all such parties may regard such information as public and, in any case, not your proprietary information;

(2) you grant to us a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit; and

(3) We are free to use any ideas, concepts or know-how contained in such information.

Misuse of the Sites.

You may not make any statements on, or provide or post any information to, a site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. We expressly disclaim any liability for the unauthorized use of this site, or for the unauthorized distribution or retention of passwords to access this site. By using this site, you represent that you are an authorized person to access this site, and agree to hold us harmless if this representation is not true.

Disclaimer of Warranties.

THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Revisions to Terms of Use.

We reserve the right, at our sole discretion and without any notice, to change, modify, add or remove any portion of these terms and conditions at any time. Changes in these terms and conditions will be effective when the revised terms and conditions are posted. Your use or continued use of any site after any changes to these terms and conditions are posted will be considered acceptance of those changes. VISIT THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.

Changes to the Site.

We may terminate, change, suspend, or discontinue any aspect of any site, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts or a site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination; you will immediately destroy all materials.

International Users.

The site is controlled, operated and administered by us or our agents from offices within the United States of America. We make no representation that materials at this site are appropriate or available for transmission to or from, or use in, locations outside of the United States and accessing the any site from any jurisdictions where such site's contents are illegal is prohibited. You may not use the site or export the materials in violation of United States or any other import or export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law, Jurisdiction, and Venue.

The laws of the State of Michigan and the federal laws of the United States (without regard to the choice of law rules of the State of Michigan or the United States) govern these terms of use and performance under them. Any suit or other action arising out of, or in any way connected with, your use of any site may be brought only in the courts of the State of Michigan sitting in Eaton County, Michigan or in the United States District Court for the Western District of Michigan. You irrevocably consent to the jurisdiction and venue of such courts.

Limitation of Actions.

You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action arises.

Partial Invalidity.

If, for any reason, a court of competent jurisdiction finds any provision of these terms of use or any privacy policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use and the privacy policy, and the remainder of these terms of use and the privacy policy shall continue in full force and effect.

Other Provisions

Certain areas and features of sites contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.

PRIVACY POLICY

This privacy policy discloses the privacy practices for the sites. This privacy policy does not cover information we collect by means other than a site. If you have any questions about how we use information collected by means other than a site, you should inquire at or before the time you give such information to us.

Note that this policy contains several important exceptions, most notably the exception involving use of information to identify and/or pursue persons who are under criminal investigation or who damage, or may damage, our information or other resources. Please read the entire privacy policy to be sure that you understand these exceptions.

Information Ownership, Collection and Use

We are the sole owner of the information collected through the sites. We will not sell, share, or rent this information to others in ways different from those disclosed in this policy. We may collect information from its users at several different points on the site.

This privacy policy addresses some types of information, means of collecting information, and uses of information that may not presently apply to one or more of the sites. We tell you about these types of information, means of collecting information, and uses of information anyway because we want to maintain flexibility in offering additional features without having to revisit our terms and conditions or privacy policy every time we revise a site or offer new functions. No description of any type of information, means of collecting information, or use of information will require us to collect any particular information, make any particular use of any information, or offer any particular functionality through any site.

Child Online Privacy Protection Act (COPPA) Compliance and Related Information

The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personally identifiable information through the site. If you are under the age of 18 and have already provided personally identifiable information through the site, please contact (or have your parent or guardian contact) us immediately using the information below so that we can remove such information from our files.

Ordering, Event Registration and Related Processes

When and if you order products or services using a site or register for an event, we request information from you using an order form. When we already have information about you (such as through a previous order or registration, whether received through a site or otherwise), we may use such information to facilitate the order or registration process. When using an order form, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your order. If we have trouble processing an order, we uses this contact information to contact the you.

Cookies

A cookie is a piece of data stored on the computer that runs an Internet browser. It can contain information about you, your computer, your browser, your session, the websites you visit, and other information about you or others who use, or have used, the computer or browser you use to access the Internet. The cookies we use, if any, are not linked to any personally identifiable information while using a site unless you have given us permission to link personally identifiable information to one or more cookies. You give us that permission any time you register on a site, place an order through a site, or identify yourself or the computer you are using through a site.

Most or all browsers permit you to disable or reject cookies. You can do this by setting the preferences in the browser. Use the "help" feature of your browser to obtain more information about refusing cookies. As of the time we wrote this privacy policy, there was information about how to disable cookies at the following websites. We do not operate either of these websites and we make no representation or warranty about the information contained in the websites to which these links will take you.

http://support.microsoft.com/default.aspx?scid=kb%3ben-us%3b283185
http://wp.netscape.com/legal_notices/cookies.html

If you set the browser you use to reject cookies, you can use the sites, but you may not be able to use the full functionality of one or more of the sites or it may take additional time to utilize such functionality.

One or more of the organizations with which we do business, or to which we provide links from a site, also use cookies. We have no control over such organizations' uses of cookies and users should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

Log Files

We or our hosting provider may collect traffic information from visitors for statistical analysis and site improvement. When you accesses a site, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer the site, track users' movements in the aggregate, and gather demographic information for aggregate use. IP addresses and other log file information are not linked to personally identifiable information. We do not try to track users or to identify users individually, but we or our hosting provider do review this information to understand overall trends and to determine what kinds of content are popular and useful to users.

Sharing

(a) Aggregated information.

We or our hosting provider may share aggregated demographic information with our users, our affiliated organizations, and other organizations with which we do, or contemplate doing, business. Such information is aggregated and is not linked to any information that can identify individual users.

(b) Outsourcing providers.

We may use outside shipping or other outsourcing providers to process and ship orders or perform other functions. We require that these outsourcing providers not retain, share, store, or use personally identifiable information for any secondary purposes, except for backup and recovery operations. Although we use good faith efforts to ensure compliance by its outsourcing providers, we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers.

(c) Specific services.

We may have agreements with other parties to provide specific services. When you use such services, we may share personally identifiable information with such parties. In such cases, we will use its good faith efforts to restrict the information provided to the information necessary for the provision of such services.

(d) General use.

We share personally identifiable information (whether in return for compensation or otherwise) with various vendors, suppliers, and advertisers. While we use good faith efforts to verify that such vendors, suppliers, and advertisers promote products and services of interest to site users, we cannot, and do not, endorse such vendors, suppliers, advertisers, products or services unless we expressly state otherwise. We share only such information as you yourself provide to us or someone else provides about you (such as through a registration process) and do not share personally identifiable information derived indirectly through IP address tracing or similar means. If you wish us to refrain from providing your personally identifiable information in this manner, please see the opt-out information and contact information provided below.

Links and Information Gathered by Others

One or more sites may contain links to other websites. We do not operate those websites, we cannot control the information that the operators of such websites gather or what the operators of such websites do with the information, and we are therefore not responsible for the activities of the operators of such websites.

If you wish to subscribe to a newsletter we offer or to a mailing list that we maintain, we will collect from you contact information necessary to send the newsletter or other information to you. This is usually limited to your e-mail address, but may include other information.

Surveys and Contests

From time to time, we may request information from you using surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice as to whether to disclose this information. Information requested may include contact information (such as name and address) and demographic information (such as zip code and type of user). We will use such contact information to notify winners and award prizes, and to monitor or improve the use of one or more sites and provide aggregated information for our own uses or to our customers or other organizations, and we may also use it to notify you of news about us or our affiliates or promotions of our products or services or the products or services of people with whom we do business.

Tell-A-Friend

We may offer a referral service that allows you to inform your friends and other acquaintances about content on the site. If you elects to use such a referral service, we will collect the friend or acquaintance's e-mail address and use it to send the friend or acquaintance a one-time e-mail inviting the friend or acquaintance to visit one or more sites or providing the information you requested. We store this contact information for the sole purpose of sending the one-time e-mail.

Security

Where we collect nonpublic personal information from you, we or one or more of our services providers use industry standard encryption and security standards to protect such information. You can tell whether encryption is being used by noting the "locked" or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g. by displaying a key or other icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session.

We do not, and cannot, take responsibility for the security of any information that you pass directly to a third party or receive directly from a third party, even if we referred you to that third party or recommended the goods or services of any such third party. We do not have control over the way in which third parties set up or maintain their security measures. You interact with, pass information to, and receive information from, any third party at your own risk and you release us from any and all losses, damages, or other liability in connection with your dealings with any such third party.

We also use commercially reasonable efforts to protect user information offline. All sensitive user information is maintained in our offices or at the facilities of our information technology provider(s). We cause access to servers and connections to be limited by key or other access. Only employees or agents who need the information to perform specific functions are granted access to personally identifiable information. We use reasonable efforts to assure that its employees and agents are informed of our security and privacy practices. When we add new policies or change existing policies, we take reasonable steps to notifies affected employees and agents.

Supplementation of Information

We sometimes supplement the information we receives from you with other information we receive from third party sources, such as credit card issuers or clearinghouses.

Special Offers

We may send to you a welcoming e-mail that may also verify password and user name information. We occasionally send newsletters or information about products, services, and special deals to users like you. You may opt to not receive such informational communications by using the contact information below.

Site and Service Updates

We may also send to you updates and service announcements about one or more of the sites. You may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the services offered through the relevant site(s).

Correcting or Updating Personal Information

If your personal information changes, or if you no longer desire service, you may contact us using the contact information below and we will accommodate all reasonable requests for such changes.

Choice/Opt-out

Users who no longer wish to receive newsletters or promotional materials or have their information provided to third parties may opt to not receive such communications or have information shared by contacting us using the information below. We will comply with such requests as soon as is commercially practicable. Such compliance may involve batch processing and other processes that take 30 days or longer. If you opt not to receive such communications or allow us to share your information and then give your personal information to us again using one of the sites under circumstances that permit us to use your information, we will regard your opt-out as rescinded.

In most cases, it is impractical for use to stop any other party to whom we have supplied your information from continuing to use the information and opting out will usually not stop other to whom we have provided your information from continuing to use it.

To change the your preference with regard to the way your information is treated, send an email to the following address and include the word CHOICE or OPT-OUT in the subject line of your email.

Optout@MICIM.COM

Response Times

We will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes may not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available site resources, please contact us using the information below.

Changes to This Privacy Policy

If we decide to change this privacy policy, we will post the changes on one or more sites and/or other places we deem appropriate.

Except as stated below, we will use information in accordance with the privacy policy under which the information was collected.

If we decide to use information about you in a manner different from that stated in the privacy policy in effect at the time of collection, we will notify you by e-mail if, and to the extent that, you have provided your e-mail address. If you reply to such an e-mail within a reasonable time and request that we not use your personally identifiable information in the proposed new manner, we will honor your request, but we reserve the right to suspend your access to all or part of the services offered through one or more sites if you do so. If you do not reply to such an e-mail, or we receive a reply of "undeliverable" or similar message from your last known e-mail address, in either case after a reasonable time, we will use the information in the proposed new manner.

BY USING THIS WEBSITE, YOU AGREE TO THIS CHANGE PROCEDURE.

Exceptions

Notwithstanding anything else in this privacy policy to the contrary, we may collect personally identifiable information and use such information in ways other than those described above if we are required to do so by law or if we deem it advisable in the course of assisting law enforcement activities or protecting our site(s) or other property.

Contact Information

If you feel that we are not abiding by this privacy policy or if you have questions regarding the policy, you may contact our privacy liaison using the following information.

Privacy Liaison
P.O. Box 80440
Lansing, MI 48908-0440
(517) 886-3900, extension 897

PRIVACY@MICIM.COM

If you (a) wish to begin or end receipt of newsletters or promotional information (b) wish to update your user information, or (c) wish to opt in or out of any other service offered through the site, please contact our technical personnel using the following information. Please be sure to include your name and your user name (if applicable), but do not include any information regarding your password(s), if any.

Website Technical Support
P.O. Box 80440
Lansing, MI 48908-0440
(517) 886-3900, extension 880

WEBMASTER@MICIM.COM

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