State of Michigan - MiLogin Terms of Use

1. You agree to access and use MiLogin only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of MiLogin. Any use of MiLogin not specifically permitted under this Agreement is strictly prohibited.

2. Access to MiLogin is limited to registered users. You agree that any information you provide will be complete and accurate, that you will not register under the name of, nor attempt to enter MiLogin under the name of any other person, make up a name, or adopt a user name that the State, in its sole discretion, deems otherwise offensive, illegal or infringing. You are responsible for maintaining the confidentiality of your password and account log-in information, and you are responsible for any actions taken using your account name and password. You must promptly notify the State of any unauthorized use of your account or log-in credentials.

3. The State grants you a limited, non-exclusive, non-transferable license to access and make personal use of MiLogin for the purposes of creating login information that is unique to you and accessing your MiLogin account profile and applications available through MiLogin.

4. All information that you transmit through the service must be true and accurate to the best of your knowledge. Your transmission of any false, misleading or inaccurate information may result in the termination of your rights to use MiLogin and possible criminal penalties under State and Federal laws. You are solely responsible for your conduct, along with any data, text, files, photos, videos and all other content or materials (collectively, Content) that you transmit, post, or upload through MiLogin. You agree that you will not use MiLogin to:

1. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
2. Knowingly upload, disseminate or transmit any content that contains a software virus, "Trojan Horse," or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the State's information technology system or MiLogin itself;
3. Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
4. Alter, damage, or delete or attempt to alter, damage or delete any information posted on MiLogin or contained in the State's information technology system;
5. Circumvent any technology used by the State or its licensors to protect content accessible via MiLogin;
6. Disrupt the normal flow of communication in any way;
7. Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
8. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
9. Conduct or forward surveys, contests, pyramid schemes, or chain letters;
10. Translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on MiLogin;
11. Post any material that infringes upon or violates the intellectual property rights of another; or
12. Collect or store personal information about others.

5. All Content you provide through MiLogin, in accordance with the State's privacy policies, found here: Michigan.gov Policies and MiLogin Privacy Policy, belongs to you. By providing your Content to MiLogin, you hereby agree to provide the State with an unlimited, non-exclusive, transferable, royalty-free, worldwide license to use such Content for the State's governmental purposes.

6. All content on Michigan.gov and MiLogin is the property of the State or its content suppliers and is protected by intellectual property laws. Michigan.gov and MiLogin are for personal and non-commercial use ONLY. You may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, sell, or transfer information, products, or services obtained from Michigan.gov or MiLogin unless the law otherwise provides or the State gives you prior written permission. Use of content, images, designs, or logos from Michigan.gov or MiLogin on another website or on a networked computer environment is prohibited, except as permitted under the Policies, the MiLogin Privacy Policy, or if the State gives you prior written permission.

7. You represent and warrant that you have the legal right and capacity to enter into this Agreement in your jurisdiction, and that all Content that you post or submit to MiLogin: (i) is owned by you or you otherwise have explicit permission to upload such Content; and (ii) does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

8. You agree that your use of any information from MiLogin is at your own risk, including any reliance on the accuracy, completeness, or usefulness of provided information.

9. You agree that you are responsible for all data charges you may incur by using or accessing MiLogin.

10. The State will treat all Content received through MiLogin under the terms of the posted Michigan.gov Privacy Policy and MiLogin-specific Privacy Policy. The complete Michigan.gov Privacy Policy is available at: https://www.michigan.gov/som/footer/policies#section-title-10-6. The complete MiLogin-specific policy is available at: https://miloginqa.michigan.gov/uisecure/selfservice/anonymous/privacy.

11. The State has taken a number of steps to prevent unauthorized access to information. For additional information reference the complete privacy policies for Michigan.gov and MiLogin as set forth in Section 10, above.

12. There may be links within MiLogin, or from communications you receive within MiLogin, to other State and third-party applications, web sites or features. To the extent that MiLogin links or provides you with access to another State service or application, the terms of that specific service or application will control your access thereto. The Service may also include third-party content that the State does not control, maintain or endorse. You expressly acknowledge and agree that the State is not responsible or liable for any such third-party services or features. Your correspondence and business dealings with third-parties found through MiLogin are solely between you and the third-party. For additional information concerning third-party links, reference the State's Link Policy at: https://www.michigan.gov/som/footer/policies#section-title-6-6

13. The State may, in its sole discretion, terminate or suspend your access to and use of MiLogin without notice for any reason, including a violation of this Agreement or other conduct which the State, in its sole discretion, believes is unlawful, harmful to others, or creates a risk of possible legal exposure to the State. In the event of termination, you will no longer be authorized to access MiLogin, and the State may use any lawful means to enforce this termination.

14. LIMITATION OF LIABILITY

YOU AGREE THAT THE STATE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU OR THIRD PARTIES, OR A FAILURE OF THE SERVICE TO OPERATE WITH ANY OTHER SOFTWARE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANYWAY OUT OF THE USE, ACCESS OR DISTRIBUTION OF THE SERVICE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE STATE IS NOT OBLIGATED IN ANY WAY TO PROVIDE TECHNICAL ASSISTANCE OR OTHER SUPPORT WITH REGARD TO YOUR USE OF MILOGIN.

15. DISCLAIMER OF WARRANTY

BECAUSE THE SERVICE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE STATE AND OTHER PARTIES PROVIDE THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE. SHOULD THE SERVICE PROVE DEFECTIVE OR YOUR ACCESS TO THE SERVICE INTERRUPTED, THE STATE WILL NOT BE RESPONSIBLE FOR ANY SERVICING, REPAIR OR CORRECTION.

16. Indemnification

You (including any third-party on whose behalf you access or use MiLogin, with the exception of state, local and federal government users) agree to defend, indemnify and hold the State harmless, at the State's direction and request, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your access to or use of MiLogin, including any information you provide or otherwise submit to MiLogin; (ii) your breach of this Agreement; (iii) your violation of any third-party rights, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentations made by you. You will cooperate as requested by the State in the defense of any claim. The State reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the State.

17. Should the State fail to insist upon strict adherence to any term of the Agreement it is not to be considered a waiver or deprive the State of the right to insist upon strict adherence to that term, or any other term, of the Agreement.

18. The State may, in its sole discretion, terminate or suspend your access to and use of the System without notice for any reason, including a violation of this Agreement or other conduct which the State, in its sole discretion, believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access MiLogin, and the State may use any means possible to enforce this termination.

19. Nothing express or implied in this Agreement is intended to confer, nor will anything confer, upon any other person, any rights, remedies, obligations, or liabilities.

20. If any provision of this Agreement is invalid or unenforceable under applicable law, it will not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties, such provision will be reformed to the minimum extent necessary to make such provision valid and enforceable.

21. This Agreement is governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Agreement are governed by Michigan law, excluding choice-of-law principles. Disputes arising from this Agreement with a dollar value of $1,000 or greater must be resolved in the Michigan Court of Claims. Such complaints must be initiated in Ingham County, Michigan. All other claims are to be submitted to the State of Michigan Ad Board. You hereby waive any objections, such as lack of personal jurisdiction or forum non conveniens.

22. This Agreement constitutes the entire agreement between the user and the State with respect to the use of MiLogin and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the State with respect to the use of MiLogin.