Terms and Conditions of Web Site Use
RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, that are part of the Web site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by our Company, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
No content from the Web site may be copied, reproduced, “scraped”, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from our Company or the copyright holder identified in the copyright notice contained in the Content.
Use of any robot, spider, other automatic devise, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of our Company copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to our Company.
INDEMNIFICATION. You agree to indemnify, defend and hold our Company harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Web site.
NON-TRANSFERABILITY. Your right to use this Web site is not transferable. Any password or right given to you to obtain information is not transferable.
TERMINATION. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately, without notice, if, in our Company’s sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof, whether made under these terms or otherwise. Our Company may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from our Company’s exercise of its rights under these terms and conditions.
DISCLAIMER. THE CONTENT IN THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, OUR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OUR COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEB SITE, EVEN IF OUR COMPANY OR AN AUTHORIZED REPRESENTATIVE OF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONO MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
OTHER PRODUCTS. Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by our Company. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective authors(s) or distributor(s) and do not necessarily state or reflect those of our Company.
LINKS TO OTHER WEB SITES AND SERVICES. To the extent that the Web site contains links to outside services and resources, our Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
OTHER. These terms shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms and Conditions of service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire Agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by our Company President. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
LAST UPDATED: MARCH, 2010