THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR (“YOU”) ACCESS AND USE OF THIS WEBSITE (“WEBSITE”) AND ALL CONTENT CONTAINED ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY LOGOS, TEXT, GRAPHICS, HEADERS, BANNERS, IMAGES, CODING, TAGS, APPLICATIONS, OR ANY OTHER SEPARATE WEBSITE ELEMENT DISPLAYED OR OTHERWISE MADE AVAILABLE THROUGH THIS WEBSITE (COLLECTIVELY “MATERIALS”).
BY ACCESSING THIS WEBSITE AND/OR BY CLICKING ON THE ‘I ACCEPT BUTTON’ BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) AND THAT YOU ARE ENTERING INTO A BINDING AGREEMENT WITH THE COMPANY (DEFINED BELOW). IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, YOU ARE RESTRICTED FROM USING OR ACCESSING THIS WEBSITE.
Website Ownership
This website is owned, operated and controlled by Internet Legal Armor, Inc., its successors and assigns (“Company”).
Restrictions on Use of Website Materials
No one under the age of 18 may use or access any portion of this Website. Additionally, as a condition of your use of this Website and/or registration with the Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; or ii) You will not to use this Website or any Materials in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; or iii) 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; or iv) 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; or v) You will not to use any data mining, robots, engage in any “harvesting” or similar data gathering or extraction methods in connection with this Website; or vi) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited.
Copyrights & Ownership of the Materials
Except as otherwise stated herein, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise and may not be disseminated, distributed or re-published in any form or manner whatsoever without the prior written consent of the Company. All Materials are for viewing purposes only unless otherwise stated herein or expressly 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 to be valuable and protectable trade dress of the Company and may not be copied, imitated, or used (in whole or in part) by You without the prior written permission of the Company. This Website and all separate Website elements are protected under United States and international copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. You are restricted from “co-branding” this Website and/or the Company with any third party website, product or business. This 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 Company and/or has permission to display the contents of this Website or any Materials.
Logos, Trademarks & Service Marks
All Company logos or any other trademarks, trade names or service marks and/or any other marks posted on this Website, whether marked or unmarked, is either owned by the Company or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. The Company retains all right, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by the Company, whether or not the Company has registered for or has been granted any such protections under State and/or Federal law. Additionally, You may not use any metatags or any other tags or text not openly visible on this Website which utilizes any name, trademark, service mark, or uses the name of any product or service offered by the Company without the Company’s prior written permission.
Disclaimers, Notices & Website Policies
You acknowledge and agree to the terms and conditions contained in any disclaimer, notice or apart of any website policies contained on any separate page or portion of this Website and all such terms and conditions are hereby expressly made a part of this Agreement.
Intellectual Property DISCLAIMER
Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between the Company and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. The Company does not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.
WARRANTY DISCLAIMER
USE AND ACCESS OF THIS WEBSITE AND OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING 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 OF 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 IN A TIMELY MANNER 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.
LIMITATION OF LIABILITY
YOU AGREE THAT THE COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS ITS SUCCESSORS AND/OR ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, INCLUDING ANY LOST PROFITS, LOST DATA, LOST GOODWILL, ETC. YOU AGREE THAT THE COMPANY’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PRICE OF ANY MEMBERSHIP SERVICE YOU HAVE PAID FOR, OR $100.00, WHICHEVER IS GREATER. THE COMPANY SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME.
Exceptions to Disclaimers & 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 the Company may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of the Company’s liability shall be as limited as allowed under any applicable laws.
Indemnity
You agree to indemnify and hold harmless the Company, its directors, officers, shareholders, members, managers, employees, agents or attorneys from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from: (i) Your use of Website, or (ii) violation of the terms and conditions of the use of this Agreement, or (iii) your violation of any law or (iv) your violation of the rights of any third party. The Company reserves 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 the Company’s defense of such claim and agree that the Company shall be entitled to exercise sole discretion over the control and manner of such defense.
External Hyperlinks Policy
The Company grants You permission 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 Company 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 any 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, unchanged 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. The Company reserves the right at any time, in its sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external link to this Website made in any manner not according to the above terms is strictly prohibited.
Miscellaneous:
A. Severability
If 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, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be 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
The Website terms of use constitutes the entire agreement between the Company and You and supersedes any previous agreements between You and the Company, whether written or oral, except for the terms contained in the Terms of Sale, Privacy & Communications Policy, or any other separate membership or subscription agreement, license or any other agreement relating to the purchase or download of any materials or products sold on this Website by the Company. This This Agreement will be expressly incorporated by reference in each and every agreement between You and the Company, including the terms of sale or any other separate license or agreement contained on this Website.
C. Electronic Communications Are Deemed Writings
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from the Company electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
D. Waiver
The waiver by the Company 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 the Company shall not be considered a waiver of the Company’s rights to enforce the terms hereunder.
E. Use in the United States
This site is intended for use only from within the United States. The Company makes no representation that the Materials available on this Website are appropriate or available for use in other locations or jurisdictions and access to this Website from any locations or jurisdictions where the Materials contained on this Website may be illegal is strictly prohibited. The Company shall have no liability to You in such case.
F. Venue & Choice of Law
Any and all claims, demands, controversies or proceedings arising out of or related to this Agreement and/or your use of this Website shall be brought exclusively in a state or federal court situated in WINNEBAGO County, State of ILLINOIS, and 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 You acknowledge that the right of selection of jurisdiction being waived by You to Company is a valid part of the consideration of allowing access to and use of this Website by You. These provisions of this Agreement are to be governed and construed in all respects by the laws of the State of ILLINOIS, without regard to conflict of laws principles.
G. Privacy & Communications Policy Consent
By accessing and using this Website and/or by agreeing to these Website terms of use, You agree to and consent to the terms of the Privacy & Communications Policy contained on this Website. You also acknowledge that You have read and understand the same before You submit any personal information on this Website for any reason.
H. Modifications
The Company may, in its sole and absolute discretion, change the terms contained in this Agreement from time to time. The Company will post notice of any such changes on the Website prominently. 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 the Company, 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 this shall indicate your agreement to be bound by all such changes.
I. Remedies/Attorney’s Fees.
In the event of a violation of this Agreement, the Company shall have each and every remedy available at law or equity in order to address such breach by You. In the event any party brings an action to enforce any provisions of this Agreement, whether such action is at law, in equity, or otherwise, and such party prevails in such action, such party shall be entitled, in addition to any other rights or remedies available to it, to collect from the non-prevailing party or parties the reasonable costs and expenses incurred in the investigation preceding such action and the prosecution of such action, including but not limited to reasonable attorney fees and court costs.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS AND THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY AND ALL OTHER SEPARATE POLICIES, LEGAL NOTICES OR DISCLAIMERS LOCATED ELSEWHERE ON THIS WEBSITE.
