TERMS OF USE
THIS IS IMPORTANT --
PLEASE READ
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF
ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING
THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED
CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR
INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND
ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR
WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING
TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF
THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE.
IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD
ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU
ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND
STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or
customers, collectively referred to herein as "Visitors,"
are parties to this agreement. The website and its owners and/or operators
are parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with
this website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information in a
commercial or public setting; they have no right to broadcast it, copy it,
save it, print it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree this condition of
viewing and you acknowledge that any unauthorized use is unlawful and may
subject you to civil or criminal penalties. Again, Visitor has no rights
whatsoever to use the content of, or portions thereof, including its
databases, invisible pages, linked pages, underlying code, or other
intellectual property the site may contain, for any reason for any use
whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of
U.S.$100,000 in addition to costs and actual damages for breach of this
provision. Visitor warrants that he or she understands that accepting this
provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF
THIS WEBSITE
The website and its contents are owned or licensed by the
website. Material contained on the website must be presumed to be
proprietary and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless it is done
with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink
this site, or portions thereof, (including, but not limited to, logotypes,
trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website address) of this
website in any commercial or non-commercial media without express permission,
nor are you allowed to 'frame' the site. You specifically agree to cooperate
with the Website to remove or de-activate any such activities and be liable
for all damages. You hereby agree to liquidated damages of US$100,000.00
plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the
content of this website. Visitors assume the all risk of viewing, reading,
using, or relying upon this information. Unless you have otherwise formed an
express contract to the contrary with the website, you have no right to rely
on any information contained herein as accurate. The website makes no such
warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM
INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF
VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or
software of the visitor or any person the visitor subsequently communicates
with from corrupting code or data that is inadvertently passed to the
visitor's computer. Again, visitor views and interacts with this site, or
banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk.
Website makes no warranty that downloads are free of corrupting computer
codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site,
including banners, advertising, or pop-ups, downloads, and as a condition of
the website to allow his lawful viewing, Visitor forever waives all right to
claims of damage of any and all description based on any causal factor
resulting in any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether personal or
business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the
Website is required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All submissions,
including portions thereof, graphics contained thereon, or any of the content
of the submission, shall become the exclusive property of the Website and may
be used, without further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only communicate that
information to the Website, which it wishes to forever allow the Website to
use in any manner as it sees fit. "Submissions" is also a
provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor
and Visitor expressly warrants an understanding that the right to notice is
waived as a condition for permission to view or interact with the website.
DISPUTES
As part
of the consideration that the Website requires for viewing, using or
interacting with this website, Visitor agrees to use binding arbitration for
any claim, dispute, or controversy ("CLAIM") of any kind (whether
in contract, tort or otherwise) arising out of or relating to this purchase,
this product, including solicitation issues, privacy issues, and terms of use
issues.
Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no
case shall the viewer, visitor, member, subscriber
or customer have the right to go to court or have a jury trial.
Viewer, visitor, member, subscriber or customer will not have the right to
engage in pre-trial discovery except as provided in the rules; you will not
have the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal.
The
prevailing party shall be reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney fees, collection
fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any
matter concerning this purchase shall be brought before a court of law, pre-
or post-arbitration, Viewer, visitor, member, subscriber or customer agrees
to that the sole and proper jurisdiction to be governed by the laws of the
State of Illinois and any action or proceeding in connection with this
Agreement shall be brought in any court of record of the State of Illinois,
County of Cook, or in the United States District Court for the Northern
District of Illinois, Eastern Division.
APPLICABLE
LAW
Viewer,
visitor, member, subscriber or customer agrees that the applicable law to be
applied shall, in all cases, be that of the state of Illinois.
CONTACT INFORMATION
eSpider Squad™
www.espidersquad.com
1905 Marketview Drive, Ste 251
Yorkville, IL 60560 |
