Terms & Conditions

Effective Date: October 31, 2024

Introduction

Michigan Economic Development Corporation (“MEDC,” “our,” “us,” or “we”) is proud to offer the Michigan Career Portal, located at themichiganlife.org (the “Platform”) as part of the You Can in Michigan initiative, which provides a service to connect job seekers and employers (the “Services”).

These Terms & Conditions (“Terms’) along with our Privacy Policy govern your access to and use of the Platform and the Services. By accessing or using our Services or the Platform, you agree to comply with and be bound by these Terms. If you do not agree with any part of these terms, you may not use our Services or otherwise engaged with our Platform.

The Services are only available for adults 18 or older. If you are under 18, you may use our Platform only through a parent or guardian. In cases where you - a parent or guardian - have authorized a minor under 18 to use our Platform, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of our Platform; and (iii) the consequences of any misuse by the minor. You acknowledge that we have no obligation to monitor the content accessible on or through our Platform.

Children under 13 years of age are prohibited from using the Services and the Platform. No one under age 13 may provide any information to or on the Platform. We do not knowingly collect Personal Information from children under 13, even with verified parental or guardian consent. If you are under 13, you are prohibited from providing us with any personal information about yourself, including your name, address, telephone number, email address, or any screen name or user name you may use.

Privacy Policy

For more information about our privacy practices, please refer to our Privacy Policy.

Website Use / Prohibited Uses

The Platform is to be used strictly for recruitment and employment purposes. As such, you agree not to do any of the following:

· To contact Platform users regarding any issue apart from the purpose of recruitment and employment.

· Contact Platform users to offer any services from a third-party company.

· Post, upload, publish, submit or transmit any content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

· Use, embed, display, mirror or frame the Platform, or any individual element within the Services, MEDC’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MEDC’s express written consent or as enabled by features made available by MEDC (e.g., widgets) (you may link to MEDC’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Platform in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);

· Access, tamper with or use non-public areas of the Platform, MEDC’s computer systems or the technical delivery systems of MEDC’s providers;

· Attempt to probe, scan, or test the vulnerability of any MEDC system or network or breach any security or authentication measures;

· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MEDC or any of MEDC’s providers or any other third party (including another user) to protect the Services;

· Attempt to access or search the Platform or the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MEDC or other generally available third-party web browsers;

· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Platform or the Services;

· Use any meta tags or other hidden text or metadata utilizing a MEDC trademark, logo URL or product name without MEDC’s express written consent;

· Use the Services or Platform in any manner not permitted by these Terms;

· Forge any IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or the Platform to send altered, deceptive or false source-identifying information;

· Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or the Platform;

· Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services or the Platform;

· Collect or store any personally identifiable information from the Services from other users of the Platform or Services without their express permission and in a manner that does not violate MEDC’s Privacy Policy;

· Impersonate or misrepresent your affiliation with any person or entity;

· Violate any applicable law or regulation; or

· Encourage or enable any other third party to do any of the foregoing.

MEDC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MEDC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MEDC has no obligation to monitor your access to or use of the Services or the Platform, but has the right to do so for the purpose of operating the Services or the Platform, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MEDC reserves the right, at any time and without prior notice, to remove or disable access to any content that you may post, that MEDC, in its sole discretion, considers to be in violation of these Terms, it believes if inappropriate or untrue, is otherwise not a right fit for recruitment or employment purposes, or is otherwise harmful to MEDC and/or the Services or the Platform. MEDC reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if MEDC suspects illegal activity may be taking place.

TERMINATION OF SITE/SERVICES USE

MEDC reserves the right to revoke your access to and use of the Platform and/or Services at any time, with or without cause.

DISCLAIMERS

THE PLATFORM AND/OR SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MEDC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEDC MAKES NO WARRANTY THAT THE PLATFORM AND/OR SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. MEDC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, PLATFORM AND/OR SERVICES OR COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEDC OR THROUGH THE PLATFORM AND/OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND/OR SERVICES. YOU UNDERSTAND THAT MEDC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES MEDC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. MEDC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM AND/OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND/OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND/OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

INDEMNITY

You agree to defend, indemnify, and hold MEDC, its corporate board of directors, executive committee members including its participants, its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their participants, owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Platform and/or Services, including content you submit, post or otherwise share via the Platform or Services.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER MEDC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM AND/OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL MEDC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM AND/OR SERVICES OR COLLECTIVE CONTENT EXCEED $100 (US). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEDC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the state and federal courts located in Michigan and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms, and our Privacy Policy, constitute the entire and exclusive understanding and agreement between MEDC and you regarding the Services and your use of the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MEDC and you regarding the Services and/o the Platform.

MISCELLANEOUS

The failure by MEDC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MEDC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

CHANGES TO THESE TERMS AND CONDITIONS

We may amend or update these Terms from time to time in our sole discretion and without prior notice. Any such amendments or updates will be effective upon our posting of the revised Terms. Your continued use of the Site and/or the Services following our posting of any revised Terms will constitute your acknowledgement and acceptance of the amended Terms.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail to talent@michigan.org.