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*LEGAL DISCLAIMER: Fine Art Fair (FAF) is NOT and never WAS a city run event. It was founded and organized and managed by Julie Fournier and moved due to lack of support and confusion with too many other similarly named organizations. Copies of the State filing for the legal right to do business under the name "Hazel Park Art Fair" are available upon request. The old website is maintained to reflect the first five years out of the multi year HISTORY of this event. This is a legal disclaimer to notify the public of the NON affiliation of this event, the FAF, to any person, or city, other than Julie Fournier the Director and founder. Therefore: Products and services are provided exclusively by or through operating subsidiaries and not by any city. From here forth for the purposes of this legal disclaimer, "FAF" refers to both the Fine Art Fair event AND Julie Fournier. Links to FAF Websites A. Text Links FAF grants a nonexclusive, limited permission to the owners of other web sites ("Linking Site Owners") to link to FAF web sites using text links. Such link shall not (a) suggest that FAF promotes or endorses any third party's causes, web sites, products or services, or (b) be used or associated with any inflammatory, pornographic, defamatory or unlawful site or materials in any way, or in any manner that would disparage or adversely affect the name, reputation and goodwill of FAF and its products and services. FAF retains and reserves all rights to its domain names, trade names, trademarks and logos, copyrights and all other intellectual property. We reserve the right to withdraw permission for any link. Linking Site Owners shall indemnify, defend and hold harmless FAF, and Julie K. Fournier, from and against all liability, demands, claims, suits, losses, damages, infringement of proprietary rights, causes of action, fines, or judgments (including costs, attorneys' and witnesses' fees, and expenses incident thereto), arising out of their failure to comply with the terms and conditions of this "Links to FAF Web Sites" section. B. Logo Links Linking Site Owners who desire to link to FAF web sites using FAF's poster or any other copyright protected image or photo must comply with the requirements set forth in Link to Our Site with a FAF Logo, including the completion of the Linking License Application Form and execution of the Linking License Agreement. Links to Other Sites While using the Service, you may access certain non-FAF websites or content. FAF neither reviews, controls nor endorses the content and accuracy of any non-FAF websites or other material, and therefore will not be responsible for their content and accuracy. Your access to non-FAF websites and non-FAF content is at your sole risk. Other websites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other websites at your own discretion. General Disclaimer All material including any link to other sites and content found at linked sites is provided "as is" and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, FAF does not warrant that access to the Service will be uninterrupted or error free. FAF does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on the Service. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions. Viruses, Worms, Use of Files FAF cannot and does not guarantee or warrant that files available for downloading from the Service are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. FAF does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from the Service. In no event will FAF be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from the Service. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate FAF copyright holder. Information The information on the Service is provided by FAF solely for informational purposes as a public service to promote a once yearly event. It is not meant to provide legal or other advice tailored to you in any way. It does not constitute advice and is not intended to be a substitute for proper legal advice or other advice provided by an attorney. FAF assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Service. Always consult with your attorney for appropriate advice and recommendations. Forward-Looking Statements The Service may from time to time contain forward-looking statements that include information about financial prospects, plans and objectives of management for future operations, economic conditions, trends and known uncertainties. FAF cautions the reader that actual results could differ materially from those that FAF expects, depending on the outcome of certain factors. In some cases, FAF describes uncertainties when offering forward-looking statements. Some factors that could cause FAF's actual results to differ materially from forward-looking statements ("Risk Factors") are listed in the most recent Budget Note found on this Service website. FAF does not undertake any obligation to correct or update any forward-looking statements on the Service. FAF also cautions the reader that the list of Risk Factors that appears in the most recent Budget Note may be modified at any time. Trademarks There are references throughout the Service to various trademarks or service marks and these, whether registered or not, are the property of their respective owners. The registered marks "FAF," "HPAF", "Fine Art Fair", "Hazel Park Art Fair", all images displayed on our online accounts, and other FAF marks, are owned by FAF. Copies of the State of Michigan's Department of Regulatory and Licensing Affairs filing for legal right to use these trademarked business names is available upon request. Social Networking Media Your use of social networking media, including but not limited to participation in or use of blogs, threaded discussions, message boards and wikis ("Social Media"), is conditioned upon your compliance with the following:
You also agree to indemnify and hold FAF and our employees, officers, directors and agents harmless from any claim or demand, including reasonable attorneys' fees, made by a third party arising from any information or material you contribute to the Social Media you access via the Service. FAF has no obligation to monitor Social Media. But we reserve the right to monitor any and all information transmitted or received through the Service. FAF may examine, record, copy and use any information on the Service in accordance with the FAF Privacy Information. We reserve the right, in our sole and absolute discretion to remove any information or materials, in whole or in part, from Social Media. When using the Service or Social Media, please be certain that anything you disclose does not compromise your personal safety. Please don't provide your name, phone number, social security number or any other personally identifying information to people you do not know. Don't continue any conversation online that makes you feel uncomfortable. Protect your safety and privacy. Web-Enabled Mobile or Handheld Devices Certain web and smartphone applications of the Service have been designed to run on a personal computer, standard laptop or web-enabled mobile device. If you view or use the Service on a mobile or handheld device you may experience some display and functionality limitations. You may experience varying wireless network coverage and speed, depending on your geographic location and telecommunications provider. The Service should not be used while operating any motor vehicle, or in any other manner that might endanger yourself or others. If your mobile device uses Global Positioning System (GPS) technology, trackers, or other location tracking tools, your location information may be used for purposes of determining your location when using a function on the Service that uses such information. While using the Service, if you allow your location information to be obtained, we will use this information solely to return your estimated location and to provide you with more personalized results and/or services. FAF does not monitor your GPS tracking or location information, and does not save this information. We will not use this information to identify you or disclose this information to any third parties. By using the Service you expressly agree and acknowledge that FAF shall not be responsible for any of the following: (a) performance limitations and/or failures experienced in connection with any wireless or Wi-Fi service used to access the Service; (b) data transmitted through wireless access that may be intercepted by unauthorized persons; or (3) your failure to physically secure and/or monitor your personal computer, laptop or wireless device or to protect your passwords, resulting in unauthorized access to the Service and/or your FAF account or plan information. While using any web-enabled mobile or handheld device to use the Service, standard mobile phone carrier and data usage charges will apply. You expressly agree and acknowledge that the use of any mobile or handheld device is at your sole risk and shall be in accordance with all applicable local, state and federal laws. Updates and Reverse Engineering By using the Service, you agree to receive any applicable software updates that may be issued from time to time by FAF. You agree to accept and install such updates as part of your use of the Service. You also agree not to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to discover the source code of the Service and/or any FAF application. Back to top Limitation of Liability You agree by accessing the Service that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will FAF be liable for damages of any kind occurring from the use of the Service or any information, goods or services obtained on the Service including direct, indirect, consequential, incidental, or punitive damages (even if FAF has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you. Calculations and Investment Decisions Financial calculators/calculations are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations. Please seek the advice of licensed and/or competent individuals before making any investment or financial planning decisions. Do not rely solely on financial calculators/calculations or financial or retirement information found on the Service. Minors and the Children's Online Privacy Protection Act Except as expressly stated upon initial access to a specific FAF application or website, or section of such application or site, the Service does not direct content to Minors and do not intend to collect personal information from Minors and therefore are not subject to the Children's Online Privacy Protection Act. If you allow your minor child, or a child for whom you are legal guardian (a "Minor"), to access and use the Service, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Service; and (iii) the consequences of any use. The Digital Millennium Copyright Act FAF reserves the right, but not the obligation, to terminate your access to the Service 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. FAF and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. FAF has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is: Julie Fournier detroitfaf@gmail.com Any notice regarding any infringement of copyright or of other proprietary rights must include the following information: 1. A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed. 2. Identification of the copyrighted work claimed to have 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. 3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material. 4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address. 5. 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. If you choose to access the Service from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the Service to a foreign national or foreign country in violation of those laws. Changes and Applicable Law We reserve the right to make changes to the Service and our Legal Disclaimer. We encourage you to review the Service and these terms periodically for any updates or changes. Your continued access or use of the Service shall be deemed your acceptance of these Legal Disclaimers and any changes and the reasonableness of these standards for notice of changes. Use of the Service and purchases of products from the Service will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and FAF will be brought exclusively in a federal or state court of competent jurisdiction sitting in Detroit, Michigan. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Discrimination is Against the Law FAF complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. FAF does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex. If you believe that FAF has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance by sending an email to ACAGrievance@cigna.com or by writing to the following address: FAF Nondiscrimination Complaint Coordinator detroitfaf@gamail.com You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at: U.S. Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201 1-800-868-1019, 800-537-7697 (TDD) Complaint forms are available at www.hhs.gov/ocr/office/file/index.html . |