Terms of Use

Effective Date: April 2, 2015

Welcome to the Eastern Market website (the “Site”) operated by Eastern Market Corporation (“Eastern Market" or “We”) and consisting of content provided by Eastern Market, affiliated companies, and third parties. Eastern Market maintains this Site for information, education, and communication. These website terms and conditions (“Terms of Use”) apply to your access and use of the Site.

1. General

a) The Terms of Use set forth the terms and conditions that apply to use of the Site by each end user thereof ("End User" or “You”). IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THE TERMS OF USE FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. By using the Site (other than to read the Terms of Use for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User shall be fully responsible for the use of the Site by any other person it permits to access the Site.

b) Eastern Market shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Data Integrity

You represent that all of the information, data and other materials you provide on this Site or to Eastern Market through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

3. Privacy Policy

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at www.easternmarket.com. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above.

4. Changed Terms.

Eastern Market shall have the right at any time to change or modify the terms and conditions applicable to End User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof.

5. License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, music, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Eastern Market, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

Eastern Market grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not receive consideration for the content in any manner, and that you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Eastern Market or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Eastern Market’s sole discretion. Unless otherwise noted, content may not be used without the written permission of Eastern Market except as provided in these Terms of Use or in the text on the Site.

6. Content you Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of such content. By registering with us or using or browsing the Site you acknowledge that you have read, understood, and agree to be bound by the Terms of Use.

The Site is not directed to children younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through the Site represents that they are 13 years of age or older.

You may not upload to, distribute, or otherwise publish through the Site any content that:

  • is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S or foreign laws;
  • may contain software viruses, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • contains advertisements or solicitations of any kind, or other commercial content;
  • is harmful to minors in any way;
  • impersonates any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site without authorization;
  • interferes or attempts to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site;
  • uses any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Site or the content contained therein; to facilitate the unlawful distribution of copyrighted content;
  • includes personal or identifying information about another person without that person's explicit consent;
  • contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or
  • contains any chain letters of any kind;

You may not use a false email address, IP addresses, or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

You agree not to authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct.

7. Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Eastern Market. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Eastern Market is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

8. DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, EASTERN MARKET MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY CONTENT ON THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. EASTERN MARKET DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVIALABE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND COMMUNICATIONS WITH THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE OR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. NEITHER EASTERN MARKET NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY DELAY OR INABILITY TO USE THE SITE OR ANY OTHER INFORMATION OR SERVICES OBTAINED THROUGH THE SITE; (4) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (5) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EASTERN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE-FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EASTERN MARKET NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEMDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EASTERN MARKET IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND EASTERN MARKET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnities

You will indemnify and hold harmless Eastern Market from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ fees) incurred by Eastern Market and shall defend Eastern Market against any and all claims arising out of (1) your breach of these Terms of Use; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. or foreign law or the rights of a third party. Eastern Market will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Eastern Market.

11. Electronic Communications

Eastern Market will endeavor to respond promptly and appropriately with respect to communications we receive. However, any communication or material you transmit to the Site or Eastern Market by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. When you use the Site or send emails to Eastern Market, you are communicating with Eastern Market electronically. You consent to receive electronically any communications related to your use of the Site. Eastern Market will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Anything you transmit or post to the site may be used by Eastern Market or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Eastern Market is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or Eastern Market for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

12. Employment

Eastern Market is AN EQUAL OPPORTUNITY EMPLOYER. It is the policy of Eastern Market to provide equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, creed, national origin, gender, sexual orientation, age, gender identity, marital status, citizenship, disability or veteran status or any other basis prohibited by applicable federal, state or local law.

13. Trademarks and Copyrights

The trademarks, logos, and service marks (collectively the "Marks") displayed on the Site are the property of Eastern Market or its licensors or content providers or other parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site without the written permission of Eastern Market or such third party that may own the Marks displayed on the Site. Your misuse of the Marks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Eastern Market will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

14. Claims of Intellectual Property Infringement

Eastern Market respects the intellectual property rights of others, and we ask our End Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Eastern Market’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to the Copyright Agent):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material you claim is infringing is located on the Site;
  • your address, telephone number, and, if available, email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that your are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Eastern Market’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: 2934 Russell St., Detroit, MI 48207

By phone: (313) 833 - 9300

By email: Emma Velasco evelasco@easternmarket.com

Eastern Market may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

15. Choice of Law

These terms are governed by the and construed in accordance with the laws of the State of Michigan and the laws of the United States, without giving effect to any conflict of law principles.

16. Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

17. Waiver

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.