This Website Terms and Conditions of Use Agreement (“Agreement”) is between R. & L. Management Co., Inc., an Illinois corporation doing business as Community Financial Service Centers, and owner of the CFSC trademark, with offices located at 425 Huehl Road, Building 3, Northbrook, IL 60062, (“CFSC”) and you (“User,” “You” or “Your”) and is a legal agreement between You and CFSC. This Agreement is effective as of the date you access the CFSC Website. This Agreement states the terms and conditions under which You may access and use the CFSC Website. Please read this Agreement carefully before accessing and using the CFSC Website. By using and accessing the CFSC Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, do not access and use the CFSC Website. CFSC may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement. By using and accessing the CFSC Website, You represent and warrant that You are over the age of majority, and legally competent to enter into this Agreement.
- In order to access some features of the CFSC Website, You may need to create an account. When creating an account You may be required to provide certain information about yourself. You must provide accurate and complete information and promptly update this information as needed so that it remains true, accurate, complete, and correct. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may not use another’s account without permission. You further understand and agree that CFSC may require You to change Your account password from time to time for security purposes. You understand that CFSC may terminate Your account, and any content stored in Your account, direct You to cease using Your account, and discontinue or restrict Your access to Your account, or the account of any other account holders, all without notice to You and for any reason. We shall not be liable to Your or to any third party for any modification suspension, or discontinuance of Your account, the CFSC Website, any other account, or any parts thereof. Upon termination of Your account, or the CFSC Website, CFSC shall not have any further obligation to You, including any duty to return or destroy any information You have supplied to CFSC during the term of this Agreement. You must notify CFSC immediately of any breach of security or unauthorized use of Your account. CFSC will not be liable for Your losses caused by any unauthorized use of Your account. However, You may be liable for the losses of CFSC or others due to such unauthorized use.
2. Unauthorized Use
- A. You shall not copy or download content or third party content from the CFSC Website without the prior written consent of CFSC. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the CFSC Website, content or third party content or use the CFSC Website, content or third party content for public or commercial purposes. You shall not use the CFSC Website, content or third party content on any other website.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the CFSC Website in a manner that sends bulk requests to the CFSC servers. Notwithstanding the foregoing, CFSC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the CFSC Website, but not caches or archives of the CFSC Website. CFSC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the CFSC Website, nor to use the communication systems provided by the CFSC Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the CFSC Website.
3. Ownership and Title
Title to the CFSC Website and content (excluding third party content), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the CFSC Website shall be the exclusive property of CFSC.
4. Removal of Infringing Material/Copyright Agent
- CFSC does not permit infringement of intellectual property rights on the CFSC Website. CFSC will remove all content, or third party content if properly notified that such content, third party content, or User Submission infringes on another’s intellectual property rights. CFSC reserves the right to remove content, or third party content without prior notice. CFSC will also terminate a user’s access to the CFSC Website, if such user has been notified of infringing activity. Notwithstanding anything to the contrary contained herein, CFSC may terminate a user’s access without prior notice and at its sole discretion.
- If You believe that any content or third party content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CFSC to locate the material;
- Information reasonably sufficient to permit CFSC to contact You, such as an address, telephone number, and email address;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CFSC’s designated Copyright Agent to receive notifications of claimed infringement is: Marcus S. Harris, 161 N. Clark Street, Suite 4200, Chicago, IL 60601 email: email@example.com, telephone: (312) 876-6685, fax: (312) 876-6259. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), Your DMCA notice may not be valid.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS.
CFSC shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of CFSC (the “CFSC Marks”). Excepting the CFSC Marks, all other product and company names mentioned on the CFSC Website may be the trademarks of their respective owners.
6. No Contest
You acknowledge that the CFSC Website, content and third party content are protected under laws, including (without limitation) the laws of the United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, You shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of CFSC in connection with the CFSC Website and content.
7. Discontinuation of Service
CFSC may modify, suspend, discontinue or restrict the use of any portion of the CFSC Website without notice or liability. CFSC may deny access to any registered member or other user at any time for any reason, or no reason at all in its sole discretion. In addition, CFSC may at any time transfer rights and obligations under this Agreement to any CFSC affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires CFSC, the CFSC Website or any of their respective assets.
8. Express Warranties
You acknowledge and agree that CFSC (including its officers, employees, agents, directors, independent contractors, and subsidiaries and affiliates) has not made or granted to You any express warranties concerning the CFSC Website or CFSC products or services. Use and performance of CFSC products and services referenced on the CFSC Website are subject to CFSC terms and conditions concerning such products and services as made available by CFSC. You acknowledge that the CFSC Website does not constitute a grant of an express warranty concerning CFSC products and services and You waive any and all claims of warranty based on the CFSC Website.
9. WARRANTY LIMITATION
The CFSC website is provided “as is” without warranty of any kind. CFSC, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranties of non-infringement of third party rights. CFSC does not warrant and YOU waive any warranty that use of or access to the CFSC WebSite by you will be uninterrupted or error free. CFSC does not make any warranty and you waive any and all warranties as to the results obtained from use of the CFSC WebSite or as to the accuracy, completeness, timeliness or reliability of the CFSC WebSite. you acknowledge and agree that use of the Internet and the CFSC WebSite shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the CFSC WebSite.
You acknowledge that the CFSC Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the CFSC Website.
11. Limitation of Liability
CFSC (nor its OFFICERS, EMPLOYEES, AGENTS, DIRECTORS INDEPENDENT CONTRACTORS, SUBSIDIARIES OR AFFILIATES) shall not be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the CFSC WebSite; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether CFSC has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
12. Limitation of Damages
The liability of CFSC (including ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS INDEPENDENT CONTRACTORS, SUBSIDIARIES AND AFFILIATES) for any reason and for any cause of action whatsoever in connection with this Agreement and the CFSC WebSite, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100).
You agree to release, defend, indemnify and hold harmless CFSC (including its officers, directors, employees, affiliates, contractors, agents, subsidiaries and affiliates) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to: (i) use of the CFSC Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the CFSC Website; (iii) Your negligence or acts (or any failure to act); and (iv) any breach by You of Your obligations under this Agreement.
14. Export Assurance
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the CFSC Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by CFSC of such websites and the third party content found there. We are not responsible for the content or practices of any website not part of the CFSC Website, even if the website is operated by a company affiliated or otherwise connected with CFSC. By using the CFSC Website, You acknowledge and agree that CFSC is not responsible or liable to You for any content or other materials hosted, served, or residing on the domain from any websites other than the CFSC Website, and then only to the extent provided for herein.
16. Entire Agreement
17. Amendments and Modifications
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
19. Governing Law
You acknowledge that the CFSC Website is controlled in and originates from the United States. We do not make any representation that the CFSC Website, or content or third party content is appropriate or available for use in other locations. We do not have responsibility for any access to the CFSC Website from territories where the CFSC Website may be illegal or prohibited. If You choose to access the CFSC Website from other locations, You do so at Your own risk and are responsible for compliance with applicable local laws. The CFSC Website is based in Cook County, Chicago, Illinois. This Agreement is governed by the laws of the State of Illinois, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be in the state and federal courts located in Cook County, Chicago, Illinois. You expressly waive any objection to the personal jurisdiction of such courts. You agree to file any claim regarding any aspect of the CFSC Website or this Agreement within six months of the time in which the events giving rise to such claim began, or You agree to waive such claim.
20. User Notice
All notices shall be in writing. Notices to user shall be deemed delivered when delivered to User electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to user shall be deemed given on the date notice is delivered electronically or by hand to user or on the date of receipt by user (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to user electronically (including, without limitation, electronic mail) shall be deemed written notices.
21. CFSC Notice
Notices to CFSC (excepting notices sent pursuant to Section 2(D) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for CFSC. Notices to CFSC shall be deemed given on the date notice is received by CFSC (as evidenced in the case of Certified or Registered Mail by Return Receipt).
22. Equitable Remedies
You acknowledge and agree that damages at law may be an inadequate remedy to CFSC. In addition to other rights which may be available, CFSC shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
24. Public Announcements
All public announcements concerning the CFSC Website or the relationship of You and CFSC shall be subject to the prior written approval of CFSC.
25. Litigation Expense
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
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