NELA/Illinois - Terms of Use

Terms of Use

AGREEMENT BETWEEN YOU AND ILLINOIS NELA
The Illinois NELA Web Site is made up of various Web pages operated by NELA Illinois, c/o David L. Lee, 53 W. Jackson Blvd., Suite 660, Chicago, IL 60604-3453. The terms, use and conditions associated with the Illinois NELA Web Site do not apply to the content of third parties.

The Illinois NELA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Illinois NELA Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Illinois NELA Web Site may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms") as they arise from time to time.

NO MODIFICATION TO THESE TERMS OF USE
Illinois NELA reserves the right to change the terms, conditions, and notices under which the Illinois NELA Sites/Services are offered, including but not limited to any charges associated with the use of the Illinois NELA Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this Website. Your continued use of the Illinois NELA Sites/Services constitutes your agreement to all such terms, conditions, and notices.

LIMITATION ON PERSONAL AND NON-COMMERCIAL USE
Unless otherwise specified, the Illinois NELA Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Illinois NELA Sites/Services. Without the advance express written permission of Illinois NELA, you may not "meta-search" the Illinois NELA Sites/Services, send, or cause to be sent, any automated queries of any sort to the Illinois NELA Sites/Services, or use the Illinois NELA Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any Illinois NELA Sites/Services to determine how a web site "ranks" on any Illinois NELA Sites/Services.

THIRD PARTY LINKS
The Illinois NELA Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Illinois NELA and Illinois NELA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Illinois NELA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Illinois NELA responsible if the Linked Site is not working appropriately. Illinois NELA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Illinois NELA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Illinois NELA Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Illinois NELA shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL AND PROHIBITED USE
As a condition of your use of the Illinois NELA Sites/Services, you will not use the Illinois NELA Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Illinois NELA Sites/Services in any manner that could damage, disable, overburden, or impair any Illinois NELA Site/Service(s) (or the network(s) connected to any Illinois NELA Site/Service(s)) or interfere with any other party's use and enjoyment of any Illinois NELA Site/Service(s). You may not attempt to gain unauthorized access to any Illinois NELA Site/Service, other accounts, computer systems or networks connected to any Illinois NELA Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Illinois NELA Sites/Services.

USE OF SERVICES
The Illinois NELA Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

Use any material or information, including images or photographs, which is made available through the Illinois NELA Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

Use of meta tag searches on the web sites.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of a Illinois NELA Site/Service(s) or other user or usage information or any portion thereof.

Illinois NELA has no obligation to monitor the Communication Services. However, Illinois NELA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Illinois NELA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Illinois NELA reserves the right at all times to disclose any information as Illinois NELA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Illinois NELA's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Illinois NELA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Illinois NELA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Illinois NELA spokespersons, and their views do not necessarily reflect those of Illinois NELA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ILLINOIS NELA OR POSTED AT ILLINOIS NELA'S WEB SITE
Illinois NELA does not claim ownership of the materials you provide to Illinois NELA (including feedback and suggestions) or post, upload, input or submit to any Illinois NELA Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Illinois NELA permission to use your Submission in connection with the operation of its Internet businesses (including, without limitation, all Illinois NELA Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of an Illinois NELA Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Illinois NELA is under no obligation to post or use any Submission you may provide and Illinois NELA may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE ILLINOIS NELA SITES/SERVICES, IF ANY
All content and software (if any) that is made available to view and/or download in connection with the Illinois NELA Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Illinois NELA and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Illinois NELA hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Illinois NELA Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMED
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ILLINOIS NELA SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ILLINOIS NELA SITES/SERVICES AND TO THE INFORMATION THEREIN. ILLINOIS NELA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ILLINOIS NELA SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE ILLINOIS NELA SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ILLINOIS NELA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ILLINOIS NELA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ILLINOIS NELA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ILLINOIS NELA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ILLINOIS NELA SITE/SERVICE. YOU SPECIFICALLY AGREE THAT ILLINOIS NELA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ILLINOIS NELA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ILLINOIS NELA SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL ILLINOIS NELA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ILLINOIS NELA SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE ILLINOIS NELA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ILLINOIS NELA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE ILLINOIS NELA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ILLINOIS NELA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ILLINOIS NELA SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ILLINOIS NELA SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS
You agree that Illinois NELA may establish limits concerning use of any Illinois NELA Service offered on an Illinois NELA Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Illinois NELA Service, the maximum number of e-mail messages that may be sent from or received by an account on any Illinois NELA Service, the maximum size of an e-mail message that may be sent from or received by an account on any Illinois NELA Service, the maximum disk space that will be allotted on Illinois NELA's servers on your behalf, and the maximum number of times and duration you may access any Illinois NELA Service in a given period of time.

You agree that Illinois NELA has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Illinois NELA Service. You acknowledge that Illinois NELA reserves the right to log off accounts that are inactive for an extended period of time.

ILLINOIS NELA MAKES NO WARRANTY THAT ANY ILLINOIS NELA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION
Illinois NELA reserves the right, in its sole discretion, to terminate your access to any or all Illinois NELA Sites/Services and the related services or any portion thereof at any time, without notice.

Illinois NELA may also terminate or suspend your access to Illinois NELA Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Illinois NELA. The amount of time that Illinois NELA currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Illinois NELA Site/Service, your right to use the Illinois NELA Site/Service immediately ceases.

Illinois NELA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES
Illinois NELA will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Illinois NELA liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Illinois NELA's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL
This agreement is governed by the laws of the State of Illinois, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Illinois NELA Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Illinois NELA as a result of this agreement or use of the Illinois NELA Sites/Services. You agree to indemnify and hold Illinois NELA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Illinois NELA Sites/Services. Illinois NELA reserves the right to disclose any personal information about you or your use of the Illinois NELA Sites/Services, including its contents, without your prior permission if Illinois NELA has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Illinois NELA or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Illinois NELA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Illinois NELA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Illinois NELA Sites/Services or information provided to or gathered by Illinois NELA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Illinois NELA with respect to the Illinois NELA Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Illinois NELA with respect to the Illinois NELA Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.