This is the official website of the Detroit Athletic Club (the “DAC”). We maintain this website (“Site”) to enable us to better serve our Members, their families, and our guests and employees. By using this Site, you agree to comply with and be bound by the following terms and conditions of use (this “Agreement”). Please review the following terms carefully. If you do not agree to and with these terms, please do not use this Site.

This Agreement constitutes your agreement with us with respect to all of your use of this Site. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, operation, and reliability of the Site, services and products provided by or through the Site, and any other subject matter covered by this Agreement. We may amend this Agreement at any time in our sole discretion without advance notice to you. The current Agreement will be posted on the Site and should be reviewed by you prior to using the Site. The terms “our,” “us” or “we” in this Agreement mean the Detroit Athletic Club. All users of the Site specifically acknowledge and agree to the following terms and conditions of Site use and participation:

2.0. Use of Site Outside the State of Michigan. As a private Michigan club, the DAC seeks to reasonably protect personal information. The vast majority of our Members, guests, and employees live and work in Michigan. We welcome and are proud of our many Non-Resident Members. If you live or work in or access this Site from outside Michigan in a jurisdiction which restricts, limits, or prohibits interaction with Michigan websites, including website receipt, collection, or use of personal information or data, including event registrations, dues and event payment information, membership eligibility information, or other information or data, including but not limited to Site usage data, please do not use this Site. If you live or work in or are otherwise accessing the Site from such a jurisdiction, please do not provide any personal, private, financial, or other information protected by any law, regulation, rule or ordinance where you live or work or from which you are otherwise accessing this Site; instead, please call or email us with your information request, to register for an event, or to otherwise communicate or implement a transaction. In particular, given jurisdiction-specific laws, residents of and visitors in the European Union, the United Kingdom, California, Colorado, Connecticut, Utah, and Virginia are respectfully asked to not use the Site; please call or email us instead.

2.1. Copyright and Ownership. All electronic communications and data created, stored, sent, accessed, received, collected, or used in connection with the Site constitute our property. The content, organization, graphics, images, design, compilation, magnetic translation, digital conversion, data, and other matters constituting a part of or otherwise related to the Site are owned solely by us and are protected under applicable copyrights, trademarks, trade dress, design, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, publication, republication, or reproduction by you of any such matter or any part of the Site is strictly prohibited. You do not acquire any ownership right or interest in any content, document, data, or other materials viewed through, contained on, or communicated through the Site, whether posted by you, us, or any Site user.

2.2. Limited Right to Use. The viewing, printing, or downloading of any content, graphic, image, document, data, or other information from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. No part of any content, form, document, graphic, image, or data may be published or reproduced in any form or incorporated into any information retrieval system, electronic, digital, photographic, mechanical, or otherwise except for your personal non-commercial use, and not for resale, redistribution, or republication.

2.3. Editing, Deleting and Modification. We reserve the absolute right in our sole discretion to edit, delete, and/or modify any document, image, information, or other content posted or appearing on the Site, whether originated by you, us, or any Site user.

2.4. Indemnification. You agree to indemnify, defend, and hold us and our Members, Directors, Officers, committees, employees, volunteers, vendors, suppliers, agents, attorneys, and affiliates (collectively “Affiliated Parties”) harmless from and against all liability, loss, claim, damages, expense, and cost, including any attorney fees, arising out of or related to your violation of this Agreement or prohibited use of the Site.

2.5. Nontransferable Right. Your right to use the Site is not transferable. Any password or right given to you to access the Site or to obtain information, documents, or data from the Site is limited and not transferable.

2.6. Disclaimer of Warranties and Liability. THE OPERATION AND FUNCTION OF THIS SITE AND ALL INFORMATION PROVIDED BY OR THROUGH THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SITE, INFORMATION, AND SERVICES AVAILABLE ON THE SITE OR LINKED SITES MAY CONTAIN VIRUSES, MALWARE, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY INFORMATION OR SERVICE ASSOCIATED WITH THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE TO ANY SITE USER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, INCONVENIENCE, LITIGATION, COSTS OR EXPENSES, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND THIS AGREEMENT. THIS SITE AND THE INFORMATION AVAILABLE ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT THIS DISCLAIMER OF WARRANTIES AND LIABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US FROM OR THROUGH THE SITE CREATES ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR MALWARE CONTAINED WITHIN THE SITE OR ANY LINKED SITE, FILE, MEDIA, DATA, OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER LOSS OR EXPENSE OR COST OF ANY KIND WHICH RESULTS FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY LINKED SITES.

2.7. Use of Information. We reserve the right and you authorize us to any use all information regarding Site use by you and all information provided by you in any manner consistent with our Privacy Policy or as otherwise required by applicable law.

2.8. Privacy Policy. Our current Privacy Policy, including as it may change from time to time, is incorporated by reference in and made a part of this Agreement. Except as provided in the Privacy Policy, communications sent, received, created, stored, posted, collected, accessed, or otherwise used using the Site are not private and are subject to monitoring to ensure compliance with this Agreement.

2.9. Links to Other Websites. This Site contains links to other websites. We are not responsible for the content, accuracy, security, or safety of, or opinions expressed in, linked websites. Linked websites are not investigated, monitored, or checked for accuracy, safety, security, fairness, or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access any third-party site, you do so at your own risk.

2.10. Information and Press Releases. The Site contains information and may from time to time contain press releases about us. While we believe this information to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press release. Information from entities or organizations other than us contained in any information or press release presented on this Site should not be relied upon as being provided or endorsed by us.

In addition to the terms and conditions in Section 2, you agree to abide and be bound by the Site usage rules in this Section. These rules from time to time may be amended or revoked in our sole discretion and without prior notice; amendments will be posted on the Site as of effective date of the amended rules.

The following usages of the Site, any other Club website, DAC mobile applications, and e-mail are prohibited:

3.1 Use or communication for solicitation or commercial purposes (other than interacting with the Club).

3.2 Political activity or electioneering for any federal, state, or local elected office or ballot issue/initiative or related to any DAC election.

3.3 Use or communication that involves discrimination or harassment (for example, statements, images including but not limited to memes, and prohibited communications or conduct based on race, gender, religion, national origin, or any other class protected by applicable federal, state, or local law) or defamation (libel or slander).

3.4 The display or communication of any obscene or offensive statements, images, symbols, or gestures.

3.5 Use or communication in violation of the Club’s by-laws or house rules. This prohibition includes any use or display of the logo or name of the DAC that is not authorized by the Club or violates the Club’s By-Laws or House Rules.

3.6 Anonymous communications or communications sent under an alias or incomplete name.

3.7 Distribution of e-mail chain letters.

3.8 Copyright, trademark, intellectual property, or license violations.

3.9 Activities which violate any applicable federal, state, or local law or regulations including but not limited to applicable privacy protections.

3.10 Transmission or distribution of blast e-mails, bulk e-mails, or spam. This rule does not prohibit blast or bulk e-mails by authorized representatives of Clubs within the Club which/who otherwise comply with this Agreement.

3.11 E-mail or e-mail attachments in excess of 5 MB in size.

3.12 Distribution of Member e-mail address, address, and/or telephone number information to non-members of the DAC.

3.14 Hacking into the Site, circumvention of Site security safeguards and/or protocols, knowing uploading, transmission, or storage of any virus or malware on or through the Site, and any unauthorized posting on the Site.

3.15 Allowing non-member use of the Site or Member passwords.

Violations of this Agreement will be investigated and reviewed by the House Committee. Appropriate sanctions, possibly including suspension or termination of Site usage and membership privileges, will be implemented at the sole discretion of the House Committee in accordance with Club Bylaws. The DAC fully reserves its rights to seek civil damages, injunctive relief, and criminal action for violation of this Agreement.

Any complaint for violation of this Agreement and any notice of claimed copyright infringement (under 17 U.S.C. Section 512 or otherwise) must be made to the Site’s designated administrator, who is its agent to receive such notifications:

Website Administrator:
Randy Carrizales, DAC IT Director

Mailing Address:
241 Madison Avenue
Detroit, Michigan 48226

Telephone Number:
586-588-0714

Facsimile Number:
313-442-1047

E-Mail Address:
randyc@thedac.com

This Agreement shall be treated as though it were executed and performed in Detroit, Michigan, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any legal proceeding initiated by or on behalf of you with respect to the Site (and/or any information, services or products related thereto) must be instituted within one (1) year after the event giving rise to the cause of action occurred or be forever waived and barred. This Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal court of proper jurisdiction in Detroit, Michigan. You expressly consent and submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement is controlling. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of our right to otherwise enforce such provision. This Agreement is not intended to and does not create any right in or cause of action other than by the DAC.