Upon the creation of a Subscription Account and subject to the terms of the User Agreements, the Company grants you a royalty-free, nonexclusive, nontransferable, worldwide limited term right to use the Service described in the Subscription Agreement for up to the number of Users or nodes identified that may be identified in the Subscription Agreement, solely for your internal business use. Unless otherwise explicitly set forth in any User Agreement, no software will be delivered to you as part of the Service. All rights not expressly granted in this paragraph or User Agreements are expressly reserved to the Company.
The Service is provided on an "As Is" and "As Available" basis.
Subject to compliance with the terms of the relevant User Agreements, you may download, store, display on your computer, view and print Content that the Company publishes on the Site or makes available for download through the Site subject to the following: (a) the Content may be used solely for your informational, noncommercial and internal business use purposes; and (b) the Content may not be redistributed or otherwise made available to third parties.
The Site, Services and all Content are provided on an "As Is" and "As Available" basis. The Site, Services and Content provided on or through the Site are the intellectual property and copyrighted works of the Company or a third party provider. No ownership interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. However, the Company grants you a nonexclusive, nontransferable, revocable, limited license (the “License”) to view, copy or print Content retrieved from the Site only for your personal, noncommercial and internal business purposes, provided that you (i) do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content and (ii) you are in compliance with and have not breached any of the terms or conditions in the relevant User Agreements. You may not use any Content available via the Site in any other manner or for any other purpose without the prior written permission of the Company. All rights not expressly granted in this paragraph or User Agreements are expressly reserved to the Company.
As a convenience to users, the Company may provide and/or distribute information and/or services through a separate website or through the Site (the “Free Services”). The provision of such Free Services is governed by the User Agreements and the Company is not obligated to provide any technical support for, or make available, Free Services. Free Services may include information regarding the Company’s products and services, and may include information from third parties.
While the Company makes no claim to ownership of User Content and the User providing the User Content continues to have the rights in such User Content as User may have, the User providing such User Content grants the Company a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the User Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the User Content into the Site and any Company products or services, and to display, market, sublicense and distribute the User Content as incorporated in any product or service distributed or offered by the Company without compensation or any other consideration to you. You warrant that: (a) you have the right and authority to grant this license; (b) Company’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the User Content have been waived to the full extent allowed by law.
Company reserves the right at all times to disclose any Content, including but not limited to User Content, as the Company in its sole discretion deems necessary to disclose to satisfy any applicable law, regulation, legal process or governmental inquiry or request, or to edit, refuse to post or to remove any Content, including but not limited to User Content, in whole or in part, in the Company’s sole discretion.
You are advised to use caution when giving out any personally identifiable information about yourself or your children in any User Content. The Company does not control or endorse and is not responsible for the content, messages or information found in any User Content and, therefore, the Company specifically disclaims any liability with regard to the User Content and any actions resulting from your provision or receipt of any User Content.
You agree that you will not use the Site or Services in a manner, nor provide any User Content, that:
The Company may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
The Company has no obligation to, and does not scan, monitor, screen, remove or edit any User Content available at or through the Site for the inclusion of illegal or impermissible content. However, the Company respects the copyright interests of others and the Company reserves the right to review User Content and to remove User Content in its sole discretion.
If you believe any Content on the Site infringes a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to the Company’s designated agent as follows:
1905 Marketview Drive
Yorkville, IL 60560
Telephone: +1 (844) 332-3320
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Company accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Company accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Company accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other means, whether automated or not, to access the Site or any Company accounts, computer systems or networks without the Company's express written permission.
You agree not to access or use the Site in any manner that could reasonably be expected to damage, disable, overburden, or impair any Company accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Company accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Company accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other means, whether automated or not, to access the Site or any Company accounts, computer systems or networks without the Company's express written permission.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, directly or indirectly due to or arising out of your provision or use of User Content, your violation of the User Agreements, or your violation or infringement of any third party rights, including intellectual property rights.
As concerns Subscription Accounts for access to certain Content and/or Services, applicable fees may include a periodic (e.g., monthly, quarterly, or annual) subscription fee for a specific length of time (“Subscription Period”).
The Company may offer you a one-time trial period (a “Trial Period”). The length of any such Trial Period, and the particular Content and/or Services available may vary from time to time. If you terminate your Subscription Account prior to the expiration of any Trial Period, you will not have any financial obligation with respect to your Subscription Account.
By registering for any Subscription Account, you agree that if you do not cancel your Subscription Account before the expiration of your Trial Period, if any, you will pay the applicable fees for such Subscription Account and, as applicable any Services that you select upon registration. If you do not cancel your Subscription Account prior to the expiration of the Trial Period, if any, the applicable fees indicated at the time you registered for the Subscription Account will automatically be charged to the credit card or other form of payment you designated to be billed for your Subscription Account.
The Company may notify you at least 30 days prior to the expiration of your Subscription Account. Whether you have been provided such notice of not, unless you notify the Company of your decision to terminate your Subscription Account, your subscription to such account, will automatically renew at the end of such subscription term or Subscription Period either on a month-to-month or annual basis (depending on the existing Subscription Period), and your credit card or other form of payment will be charged the Company’s then-current fees for the renewal of the Subscription Period.
All fees paid and charges made prior to termination of a Subscription Account, including any advance charge or payment for the Subscription Period during which you terminate your Subscription Account, are nonrefundable. Termination of your Subscription Account shall not relieve you of any obligations to pay any accrued charges.
Besides all other rights of the Company to cancel, terminate or deny access to the Site, Content and/or Services set forth in the User Agreements, a Subscription Account may be cancelled, terminated and/or deactivated without notice to you if any payment due from you is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of any such cancellation, termination or deactivation of your Subscription Account.
The Company RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your Subscription Account by contacting the Company and arranging for such termination. Your continued use of the Licensed Materials following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.
The Company may terminate or suspend your access to all or any part of the Site, including its Content and Services, as it may deem appropriate in response to actual or suspected violations of the User Agreements if the Company reasonably concludes that you are in material breach of the User Agreements, using the Site to engage in illegal activity or otherwise causing immediate, material and ongoing harm to the Company or others. The Company also reserves the right to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site or any access to the Services and/or Content, in whole or in part, as the Company deems necessary for purposes of maintenance, upgrades and the like, to maintain the Site or to comply with applicable law. The Company shall not be liable to you or to any third party for any such modifications, suspensions or discontinuances of the Site or the Content or Services and shall have no obligation to refund any fees paid pursuant to any Subscription Account or Subscription Agreement, or User Agreements.
If the Company commits a material breach of any material term of the User Agreements and fails to remedy the breach (if capable of remedy) within thirty (30) days of notification in writing by you of such breach, then on any termination of the User Agreements by you for any such failure to remedy the breach by Company, the Company shall refund the portion of any fee that represents the paid but unexpired part of the Subscription Period.
Following the expiration or termination of the User Agreements for any reason, any and all obligations of User which have accrued as of the date of such expiration or termination as well as any provision required for the interpretation of the User Agreements or necessary for the full observation and performance arising prior to the date of expiration or termination, shall survive.
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. THE COMPANY DOES NOT WARRANT THAT (A) THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE OR COMPLETE; (C) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (E) THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (F) THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ANY OTHER PERSONS OR ENTITIES PROVIDING ANY CONTENT ARE ENGAGED IN RENDERING MEDICAL, HEALTHCARE, LEGAL, OR OTHER SUCH PROFESSIONAL SERVICES OR ADVICE. ANY AND ALL CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AND INFORMATION SOURCE.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE USER AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR ACCESSING THE SITE, THE SERVICE AND/OR THE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW SOME OR MORE OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY SET FORTH IN PARAGRAPHS 13 AND/OR 14 ABOVE. TO THE EXTENT THAT ANY ARE HELD TO BE LEGALLY INVALID, SUCH INVALID PART OR PROVISION MAY BE MODIFIED TO MAKE SUCH PART OR PROVISION AS MODIFIED LEGAL AND ENFORCEABLE BUT IN NO EVENT AND IRRESPECTIVE OF THE CAUSE OR FORM OF ACTION OR CLAIM, SHALL ANY DAMAGES LIMITATIONS DEEMED INVALID, BE REVISED OR MODIFIED TO ALLOW THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THE USER AGREEMENTS BY COMPANY TO EXCEED THE FEE PAID BY YOU TO THE COMPANY IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION OR CLAIM, YOU MAY BRING NO ACTION ARISING FROM OR RELATED TO THE USER AGREEMENTS MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES.
The failure of The Company to exercise or enforce any rights or provisions in the User Agreements shall not constitute a waiver of such right or provision. If any part or provision of the User Agreements is found to be unenforceable, such part or provision may be modified to make the User Agreements as modified legal and enforceable. The balance of the User Agreements shall not be affected.
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Illinois. Any legal action or proceeding relating to your access to, or use of, the Site or Content or any other matter related to the Site shall be instituted solely in a state or federal court in Chicago, Illinois. You and the Company agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
The User Agreements constitute the entire agreement between you and the Company with respect to the subject matter set forth therein. No other promises, representations, or prior agreements shall be enforceable against the Company related to such subject matter. No waiver by the Company of any breach or default of the User Agreements shall be deemed to be a waiver of any preceding or subsequent breach or default.
Names appearing on the Site may be trademarks of the Company or their respective owners.