Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.
Use of Website Content: The Website, including all Website Content, is provided solely for personal, non-commercial use. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. You may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an associated with any of our products, services, or brands; and (c) you make no modifications to the materials. All rights not expressly granted are reserved by the Company and its licensors.
Links: The Website may include links to third party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND THE COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
User Content: The Website may allow the User to upload photographs, reviews, videos or other content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Company platforms. The User shall retain ownership of all User Content and hereby grants to the Company a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Company platforms and for the Company’s business purposes. The User also grants to the other users of the Website and related Company platforms a non-exclusive license to access the User Content via the Website and related Company platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms and Conditions. The User grants the Company the right to identify the User as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and the User acknowledges that the Company has the right, but is not obligated, to use any such User Content and that the Company may cease utilizing such User Content at any time for any reason. The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant the Company the license to use such content or materials as described herein. The User acknowledges that the Company has no obligation to monitor or screen User Content submitted to the Website, but that the Company shall have the right (but not the obligation) to reject, remove or delete any User Content for any or no reason.
Third Party Content: The User understands and agrees that the Company does not control and is not responsible for any Content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
Information Disclaimer: The Company attempts to be as accurate as possible regarding product descriptions and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that product descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products without notice. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Disclaimer: ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, AND THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ALL PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, PROMOTIONS, OFFERS, AVAILABILITY, OR THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, ERROR-FREE, OR OTHERWISE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, THE COMPANY RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK.
Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE COMPANY; ENTITIES THAT ANY OF THE COMPANY OR ANY OF THEIR AFFILIATES MAY ACQUIRE, PURCHASE, OR ABSORB IN THE FUTURE; AND ANY JOINT VENTURES NOW EXISTING OR HEREAFTER CREATED BY THE COMPANY OR ANY OF THEIR AFFILIATES; ALONG WITH THEIR PRESENT, PAST, AND FUTURE DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND RELATED ENTITIES; AS WELL AS EACH OF THE PRESENT, PAST, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, OWNERS, INVESTORS, FUNDS, VENDORS, ATTORNEYS, INSURERS, REPRESENTATIVES, AGENTS, INDEMNITORS, SUCCESSORS, PREDECESSORS (INCLUDING ENTITIES THEY HAVE ACQUIRED, PURCHASED OR ABSORBED), ASSIGNS, HEIRS AND FAMILY MEMBERS OF ANY OF THE FOREGOING; AND EACH OF ALL OF THEIR RESPECTIVE DIRECT AND INDIRECT OWNERS, MANAGEMENT, CONTROLLING PARTIES, ENTITIES UNDER COMMON CONTROL, OFFICERS, MEMBERS, PARTNERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, INCORPORATORS, SHAREHOLDERS, INVESTORS, MANAGERS, PRINCIPALS, INVESTMENT ADVISORS, CONSULTANTS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS, LENDERS, UNDERWRITERS, INSURERS, VENDORS, AND SERVICE PROVIDERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO YOUR OR A THIRD PERSON'S COMPUTER AND/OR ITS CONTENTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT THE COMPANY, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS.
Changes to Website: At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in DuPage County, Illinois, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for DuPage County, Illinois.
Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Digital Millennium Copyright Act: If you believe that materials available on the Site infringe your copyright, please let us know. You may file a notice in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512, by contacting us via email at firstname.lastname@example.org or via mail at 360 Windy Point Drive, Glendale Heights, IL 60139, making sure to include “DMCA notice” within the subject or attention line.
See 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed regarding material posted by you, you may file a counter-notification in compliance with 17 U.S.C. §512(g)(3) with our DMCA Agent listed above. If the Company receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Contact: Any questions, complaints, or claims regarding the Website may be submitted to our customer service department by emailing us at email@example.com, calling us at 630-545-0003, or writing us at 360 Windy point Drive, Glendale Heights, IL 60139.