Terms & Conditions
YOU (“YOU” OR “YOUR”) AGREE THAT BY USING http://www.
IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT, AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US, EITHER ON BEHALF OF YOURSELF OR ON BEHALF OF ANY LEGAL ENTITY YOU REPRESENT. OUR PRIVACY POLICY AND ANY OTHER SEPARATE POLICY, LEGAL NOTICE, OR DISCLAIMER APPEARING ON THIS WEBSITE ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
Modifications
At our sole and absolute discretion, We may change the terms of this Agreement occasionally. We will prominently post notice of any such changes on the Website and/or notify all registered users the next time they log on after any changes are effective. Notwithstanding, You agree to periodically visit these terms of use to determine the then-current terms and conditions applicable to your use of this Website and all Materials. If you object to any such changes made by Us, your sole recourse shall be to cease using this Website. If you continue to use this Website after notice has been posted regarding any changes, You agree that this shall indicate your acceptance of all such amendments.
Limited License to Use this Website
You are granted a single, non-exclusive, and revocable license to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively “Materials”). You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed to access and use this Website and for all related charges.
General Use Restrictions
As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.
Compliance with Applicable Laws
We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited, and we shall have no liability whatsoever to you in such case.
Our Intellectual Property
We own or license all Materials and protect them under our proprietary rights. Commercial use of any Materials on this Website is strictly prohibited. Unless otherwise stated, none of the Materials may be saved, downloaded, copied, or reproduced in any electronic, digital, or mechanical format or medium or by way of photocopying or otherwise. Materials may not be disseminated, distributed, republished, or used for any public display or performance in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from modifying or altering any copyright or other proprietary notice or trademarks from any Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images, and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. Unless otherwise stated in those Materials, we own all video and audio recordings and files. Additionally, this Website may contain embedded video or audio recordings from external servers and third-party websites, including, but not limited to, YouTube.com, Google Video, etc. We own all such embedded recordings regardless of whether they are hosted by third-party websites and/or external servers.
Our External Links Policy
We permit You to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your Website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying and displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates, or any other person or entity under your control, are restricted from placing any external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the Website’s content, spam practices, any malware/viruses contained on the Website (s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) that has/have been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.
Trademarks And Service Marks Notice
All logos or trademarks, trade names, service marks, and/or any other marks or logos posted on this Website, whether marked or unmarked, are owned by us, an affiliate or subsidiary, or some third party. Any trademarks, trade names, service marks, etc., posted on this Website may not be used without the owner’s prior written consent. We retain all rights, ownership, title, and interest in all trademarks, trade names, or service marks on the Website we own, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website that utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without our prior written permission is strictly prohibited. You are restricted from “co-branding” this Website with any third-party website, product, or business, which means You are restricted from copying any trademark, logo, service mark, trade name, or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such Website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.
Intellectual Property Disclaimer
Any references made on this Website to established trade names, trademarks, service marks, product names, or any other third-party intellectual property are strictly used for reference and identification purposes only. No ownership, affiliation, or sponsorship exists between Us and the owner of any referenced trademark, trade name, service mark, or any specific good or service referenced on this Website. Unless otherwise expressly stated, We do not endorse or recommend any services or products referenced on this Website. However, they may be referenced or identified.
External links Disclaimer
This Website may contain links to third-party websites that we do not own. Any external links are available for your convenience. We do not endorse the content on any website linked to this Website or claim any affiliation or sponsorship with such third-party Website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content on these other websites and are not obligated to review this content or information. If you decide to click on any of the links on this Website, You agree that You are doing so entirely at your own risk. You agree that We are in no way responsible for the availability, reliability, or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third-party websites, including, but not limited to, any computer viruses, data loss, or any claims relating to any products or services sold on any third party websites.
WARRANTY DISCLAIMER
USE AND ACCESS OF THIS WEBSITE AND ANY OF THE MATERIALS ARE DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS. “WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE, OR RELIABILITY OF THIS WEBSITE OR ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED PROMPTLY BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.
LIMITATIONS ON LIABILITY
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORSEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS CONCERNING CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under applicable laws.
Indemnification by You
You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents, or attorneys, to the extent applicable, from all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.
Miscellaneous:
A. Severability
Suppose any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the remainder of that provision. In that case, any remaining provisions of the entire Agreement shall not be affected or impaired thereby and shall be interpreted, to the extent possible, to achieve the purposes initially expressed with the provision found invalid, illegal, or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
B. Entire Agreement
Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede all prior and existing agreements, whether oral or in writing, between You and Us concerning your use and access to this Website and constitute the entire Agreement between the parties. This Agreement will be expressly incorporated by reference in every Agreement between You and us regarding your use and access to this Website, including the terms of any other Agreement.
C. Arbitration
YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all claims, disputes, or controversies of whatever kind and nature, whether preexisting, present, or future, between You and Us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration according to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have violated or threatened to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.
Any arbitration proceeding shall be brought and heard in Cook County, Illinois. The arbitrator shall be authorized to grant any relief available under law or in equity, and any award rendered shall be final and conclusive to the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or Us. Any judgment may be entered in any court having jurisdiction, and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then-current rules of the AAA.
D. Venue and Choice of Law
Any claims, demands, controversies, or legal proceedings arising from or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court of competent jurisdiction in Cook County, State of Illinois. You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing You access to and use of this Website. This Agreement shall be construed and enforced following the laws of the State of Illinois, without regard to conflict of law principles and any applicable International laws, treaties, or regulations.
E. Waiver
The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this Agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.
F. Termination of Website Services
We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials, or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this Website.
G. Headings/Construction
The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.
H. Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by us without restriction.