The SWMPC.ORG USER AGREEMENT

Thank you for participating in the SWMPC.ORG. Your use of the SWMPC.ORG is subject to the terms of the following User Agreement.

1. DESCRIPTION OF THE SWMPC.ORG

The SWMPC.ORG is a collection of community information provided by the Southwest Michigan Planning Commission. As a registered user of the SWMPC.ORG, you may be provided access to a collection of tools that allow you to communicate with other users, manage site content and participate in interactive areas. The SWMPC.ORG coordinators include:

2. YOUR REGISTRATION OBLIGATIONS

As a registered user of the SWMPC.ORG, you are subject to the Privacy Policy available for viewing at login and in "My Profile", and you agree to:

a. Provide true, accurate, current and complete information about yourself as prompted by the SWMPC.ORG registration form (such information being the "Registration Data")

b. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

c. Keep your password confidential and for your exclusive use only. You are solely responsible for all activities that occur with your user account. If you feel that your password has been compromised, please contact a Site Manager immediately.

d. Abide by the terms of this User Agreement.

3. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the SWMPC.ORG, are responsible for all Content that you upload, post, email, transmit or otherwise make available via the SWMPC.ORG. While the SWMPC.ORG has overview procedures for Content submitted to the site, the SWMPC.ORG does not control all of the Content posted via the SWMPC.ORG and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the SWMPC.ORG coordinators, participants or LIAA be liable in any way for any Content, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

You agree to not use the SWMPC.ORG to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, another SWMPC.ORG user or representative of any SWMPC.ORG participating organization, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SWMPC.ORG;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.;

h. intentionally upload, post, email, transmit or otherwise make available any material that contains software viruses 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;

i. interfere with or disrupt the SWMPC.ORG or servers or networks connected to the SWMPC.ORG, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that the SWMPC.ORG may pre-screen submitted Content, and that the Site Manager and his or her designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the SWMPC.ORG, or to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that the SWMPC.ORG may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the SWMPC.ORG coordinators, SWMPC.ORG users and the public.

You understand that the technical processing and transmission of the SWMPC.ORG, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SWMPC.ORG

The SWMPC.ORG does not claim ownership of Content you submit or make available for inclusion in the SWMPC.ORG. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant the SWMPC.ORG the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of the SWMPC.ORG, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the SWMPC.ORG. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the SWMPC.ORG removes such Content from the Service.

5. INDEMNITY

You agree to indemnify and hold the SWMPC.ORG, its coordinators and other participants, and LIAA, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the SWMPC.ORG, your use of the SWMPC.ORG, your connection to the SWMPC.ORG, your violation of the User Agreement, or your violation of any rights of another.

6. NO EXPLOITATION FOR COMMERCIAL PUPOSES

You agree not to exploit (including reproduce, duplicate, copy, sell, resell) for any commercial purposes, any portion of the SWMPC.ORG, use of the SWMPC.ORG, or access to the SWMPC.ORG.

7. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that the SWMPC.ORG coordinators may establish general practices and limits concerning use of the SWMPC.ORG, including the maximum number of days that interactive Content and uploaded Content will be retained by the SWMPC.ORG, the maximum disk space that will be allotted to your information. You agree that the SWMPC.ORG reserves the right to delete accounts that are inactive for an extended period of time, and that the SWMPC.ORG reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. MODIFICATIONS TO THE SWMPC.ORG

The SWMPC.ORG coordinators reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SWMPC.ORG (or any part thereof) with or without notice. You agree that the SWMPC.ORG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION

You agree that the SWMPC.ORG Site Manager, in his or her discretion, may terminate your password, account or use of the SWMPC.ORG, and remove and discard any Content within the SWMPC.ORG, for any reason, including for lack of use or if the SWMPC.ORG Site Manager believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. The SWMPC.ORG Site Manager may also in his or her sole discretion and at any time discontinue providing the SWMPC.ORG, or any part thereof, with or without notice. You agree that any termination of your access to the SWMPC.ORG under any provision of this User Agreement may be effected without prior notice, and agree that the SWMPC.ORG may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the SWMPC.ORG shall not be liable to you or any third-party for any termination of your access to the SWMPC.ORG.

10. LINKS

The SWMPC.ORG may provide links to other World Wide Web sites or resources. While the SWMPC.ORG includes certain filters to prohibit inappropriate access to linked sites, because the SWMPC.ORG has no ultimate control over such sites and resources, you agree that the SWMPC.ORG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that the SWMPC.ORG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. We will, however, remove links to material that we feel is inappropriate as we become aware of them.

11. PROPRIETARY RIGHTS - Land Information Access Association (LIAA)

You agree that the SWMPC.ORG software created by LIAA and used in connection with the SWMPC.ORG web site’s features and components ("LIAA CIS-CC Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

LIAA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the SWMPC.ORG. You agree not to access the SWMPC.ORG by any means other than through the interface that is provided by the SWMPC.ORG for use in accessing the site.

12. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

A. Your use of the SWMPC.ORG is at your sole risk. The SWMPC.ORG is provided on an "as is" and "as available" basis. LIAA and the SWMPC.ORG coordinators expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B. Neither LIAA nor the SWMPC.ORG coordinators make any warranty that (i) the SWMPC.ORG will meet your requirements, (ii) the SWMPC.ORG will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the SWMPC.ORG will meet your expectations, and (v) any errors in the software will be corrected.

C. Any material downloaded or otherwise obtained through the use of the SWMPC.ORG is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

D. No advice or information, whether oral or written, obtained by you through or from the SWMPC.ORG shall create any warranty not expressly stated in the user agreement.

13. LIMITATION OF LIABILITY

You expressly understand and agree that the SWMPC.ORG coordinators and/or LIAA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from: (i) the use or the inability to use the SWMPC.ORG; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

14. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The SWMPC.ORG is not intended nor designed nor does allow participants to create or join any service, receive or request any news, messages or other information concerning stock quotes, investments or securities. With respect to any such unauthorized use, please read the above Sections 12 and 13 again. They go doubly for you. The SWMPC.ORG is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The SWMPC.ORG coordinators nor LIAA shall be responsible or liable for any trading or investment decisions made based on any information provided or gleaned from the SWMPC.ORG.

15. NOTICE

Notices to you may be made via either email or regular mail. The SWMPC.ORG may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the SWMPC.ORG.

16. COPYRIGHTS and COPYRIGHT AGENTS

The SWMPC.ORG Community Center coordinators respect the intellectual property of others, and we ask our project participants and 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 the SWMPC.ORG Site Manager the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the site;

d. your address, telephone number, and email address;

e. 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;

f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The SWMPC.ORG Site Manager may be reached as follows:

By mail: SWMPC, ATTN: Jerry Chase, 185 E Main St., Suite 701, Benton Harbor MI 49022

By phone: 269.925.1137 ext. 19

By email: ChaseJ@SWMPC.ORG

17. VIOLATIONS

Please report any violations of the User Agreement to the Site Manager or LIAA.

Copyright © 2006 LIAA All rights reserved.