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Terms of Use
Welcome to our site. We maintain this web site as a service
to our customers. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these
terms, you should not review information, use services or obtain
goods or products from this site or referred by this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any
right in such information and materials.
3. Trademarks. Some products, phrases and company names
mentioned on the Site may be trademarks of their respective
owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution). Exception:
This limitation of use is not related to other sites/links referred
by the Site.
5. Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim
and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information
or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION , SERVICES AND PRODUCTS. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF
OR INABILITY TO USE OUR SITE.
9. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may
purchase certain goods or services. You understand that we do
not operate or control the products, information or services
offered by Merchants. Merchants are only responsible for all
aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
11. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority
to make any representations or commitments on behalf of the
other.
12. Privacy Policy. Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any
credit information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives,
that are forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links
to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites. Inclusion of
any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you leave our Site and access
these third-party sites, you do so at your own risk.
16. Copyrights and Copryright Agents. We respect the
intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright
Agent the following information: (a) An electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright interest; (b) A description of the copyrighted
work that you claim has been infringed; (c) A description of
where the material that you claim is infringing is located on
the Site; (d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; and (f) A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on
the copyright owner's behalf. Our Copyright Agent for Notice
of claims of copyright infringement on the Site can be reached
by e-mail: info@successriver.com
17. Information and Press Releases. The Site might contain
information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press
releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon
as being provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as
though it were executed and performed and shall be governed
by and construed in accordance with the laws of the State of
Illinois, USA (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or
any information, products or services related thereto) must
be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Lake County of Illinois,
USA. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
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