Terms of Use + Privacy Information

USE AND PRIVACY POLICY

Disclaimer.
The Penning Group ("TPG") website and any other website operated by TPG (individually or collectively "Sites") is intended for informational and educational purposes only and not to provide specific legal advice. You understand that by using the Sites, no attorney-client relationship is formed. You are responsible for obtaining legal advice from your own counsel licensed in your state. We intend that our Sites are used only those 18 years of age and older or have legal parental or guardian consent and are able to fully comply with all terms and conditions of this Use and Privacy Policy ("Policy").

Privacy and Collection of Personal Information.
When you visit our Sites, we may collect personal information and we may use that information to communicate with you. If you submit contact information to us, you agree that we may use such information to contact you. We may collect data about usage of our Sites that does not include your personal identity. We may log your IP address and/or collect information with the use of cookies and tags to track your behavior on our Sites to evaluate how visitors are using our Sites.

TPG will not share your personal information with third parties unless in response to an authorized request from a government entity, as may be required by law, subpoena, or court order, to protect the rights of TPG, including the personal protection of any of our employees or third parties on our property. We use commercially reasonable efforts to protect your personal information. We will share you personal information to third parties only upon your written request. No data transmission over the Internet, however, can be guaranteed 100% secure.

Third-parties.
Our Sites may feature content from third-parties and have links to third-party websites that we do not own, operate or control and we have no responsibility for the policies and practices of third parties and any such websites.

No Warranty.
TPG OFFERS OUR SITES AND CONTENT AS-IS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND THE PRESENCE OR ABSENCE OF ERRORS, ABSENCE OF LATENT OR ANY OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TPG, ITS MEMBERS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY WHATSOEVER FOR ANY SPECIAL, INCIDENT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity.
You agree to indemnify, defend, and hold harmless TPG, its members, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, including but not limited to attorneys' fees, arising from your use of the Sites, your violation of any provision of this Policy, your violation of any third party rights, or any claim that any of the content of our Sites caused any damage to any third party. Your obligation to indemnify, defend, and hold harmless TPG survives this Policy and your use of the Sites.

Subject to Change.
We reserve the right to amend the terms and conditions of this Policy at any time. You agree to be bound by such changes by using our Sites.

General.

This Policy and matters relative to your use of our Sites are governed by the laws of the State of Michigan without regard to its conflict of laws principles. Our Sites shall be deemed solely based in Michigan and do not give rise to personal jurisdiction over TPG in jurisdictions outside of Michigan. Any claim or dispute between you and TPG shall be decided exclusively by a court of competent jurisdiction in Leelanau County, Michigan or the United States District Court for the Western District of Michigan.

The failure of TPG to exercise or enforce any right or provision in this Policy shall not constitute a waiver of such right or provision. If any provision of this Policy is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law and all other provisions shall remain valid and enforceable.

This Policy constitutes the entire agreement between the parties. TPG is not bound by any different or additional provisions that appear in any communications from you.

YOU AND TPG AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUES OR SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions about this policy, you may contact us at any time by emailing contactus@penninggroup.com or write to us at The Penning Group, Attn: Dan A. Penning, PO Box 490, Suttons Bay, MI 49682.