Terms Of Use

Vestevich, Mallender, DuBois & Dritsas, P.C., a Michigan professional corporation ("VMDD") provides this website (the "Website"), all the content under this domain, and its services to you subject to the following conditions ("Terms of Use"). Whether you or your agents visit the Website you accept these conditions. Please read them carefully. "Website" includes, but is not limited to, all content under shipwreckshow.com, and any other domain or subdomain owned or operated by VMDD. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

VMDD reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, VMDD grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Content

All text, graphics, user interfaces, visual interfaces, photographs, video clips, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to VMDD, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without VMDD's express prior written consent.

You may use information on VMDD services (such as information sheets and similar matter) purposely made available by VMDD for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for purposes of utilizing the services of VMDD, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks and Servicemarks

VMDD™, the VMDD logo, and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of VMDD. VMDD's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not VMDD's, in any manner without VMDD's permission. All other trademarks not owned by VMDD that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VMDD.

License to Access Website and Services

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Webite or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. VMDD reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any VMDD server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other client or Website visitor of VMDD to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Webite or VMDD's systems or networks, or any systems or networks connected to the Website or to VMDD.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VMDD on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VMDD or others.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website home page, so long as the link does not portray the Website or VMDD or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of VMDD's proprietary graphics or trademarks as part of the link without the express written consent of VMDD.

Special License Restrictions for Non-Human Visitors

Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.

Furthermore, as specified by the "no-email-collection" flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of VMDD. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, you acknowledge and agree that each email address the Website contains has a value not less than US $50 derived from its relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminishs the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is a violation of this agreement and expressly prohibited.

Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who control or author them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Use.

Violation of These Terms of Use

As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear on our pages (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason. VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF USE.

VMDD may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) VMDD's rights or property, or the rights or property of visitors to or users of the Website, including VMDD's clients and Website visitors. VMDD reserves the right at all times to disclose any information that VMDD deems necessary to comply with any applicable law, regulation, legal process or governmental request. VMDD also may disclose your information when VMDD determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that VMDD may preserve any transmittal or communication by you with VMDD through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or if VMDD determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of VMDD, its employees, users of or visitors to the Website, and the public.

You agree that VMDD may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to VMDD, for which monetary damages would be inadequate, and you consent to VMDD obtaining any injunctive or equitable relief that VMDD deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies VMDD may have at law or in equity.

You agree that VMDD may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If VMDD does take any legal action against you as a result of your violation of these Terms of Use, VMDD will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to VMDD. You agree that VMDD will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Other Terms and Conditions

VMDD's obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. VMDD may make changes to information or services offered on the Website, or to the applicable prices for any such services, at any time, without notice. The information and materials on the Website may be out of date, and VMDD makes no commitment to update the information and materials on the Website.

Links to Other Sites

This Website may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under VMDD's control, and VMDD is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You must make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer of Warranty and Limitation of Liability

VMDD DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE IS PROVIDED BY VMDD ON AN "AS IS" AND "AS AVAILABLE" BASIS. VMDD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VMDD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VMDD MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VMDD FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

VMDD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF VMDD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, VMDD is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content, VMDD's liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. VMDD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold VMDD, its owners, officers, attorneys, employees, agents, members, predecessors, successors in interest, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against them by any third party due to or arising out of or in connection with your use of the Website.

Applicable Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Oakland County, Michigan, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that if VMDD is the prevailing party it will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between VMDD and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and VMDD with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and VMDD with respect to such use are hereby superseded and cancelled. VMDD will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. VMDD' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by VMDD of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between VMDD and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Our Address

Vestevich, Mallender, DuBois & Dritsas, P.C.
6905 Telegraph Road
Suite 300
Bloomfield Hills, MI 48301-3160