1. Authority If you are using the Site on behalf of any entity: (a) you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you; and (b) “you” in these Terms refers to you and such entity, collectively. You may submit comments, suggestions, ideas, original materials or other information about 4Here or the Site to us (collectively, ” Feedback”). Feedback is non-confidential and shall become the sole property of 4Here. 4Here shall own exclusive rights to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. Licenses to Use the Site (a) Unless otherwise indicated, the Site, including all videos, image, text, ,data, software, or other files, content and materials contained on the Site, is the proprietary property of 4Here or our licensors and is protected by U.S. and international copyright, trademark and other laws.(b) Subject to these Terms, 4Here grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal use; provided, that you agree not to: (i) modify, copy, distribute, use, perform, display, publish, or distribute the Site, in whole or in part; (ii) remove or alter any copyright, trademark, service mark or other proprietary notices on the Site or (iii) otherwise use the Site other than for its intended purposes.
4. Hyperlinks We grant you a limited, nonexclusive, nontransferable, revocable right to create a text hyperlink to the Site, provided that such link does not portray 4Here or our Site in a false, misleading, derogatory or otherwise defamatory manner, and that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a 4Here logo, trademark or other proprietary graphic of4Hereto link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any 4Here proprietary information on the Site without our express written consent.
5. Trademarks (a) “4Here,” the 4Here logo, any other 4Here service names, logos or slogans that may appear on the Site, and the look and feel of the Site are trademarks, service marks or trade dress of 4Here and our suppliers and our licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any metatags or other “hidden text” utilizing “4Here” or any other name, trademark or product or service name of 4Here without our prior written permission.
6. Third Party Content We may display third-party content, links, logos and other materials through the Site (collectively, ” Third-Party Content”). We do not control, endorse, sponsor or adopt any third parties referenced on the Site or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and 4Here is not responsible or liable in any manner for such interactions or Third-Party Content.
7. Indemnification (a) To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 4Here and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “4Here Parties”) from all 4Here Party or third party claims of any kind, whether in tort, contract or otherwise (collectively, “Claims”), including damages to property or personal injury, that arise from or relate to: (i) your access to or use or misuse of our Site; (ii) any Feedback you provide; or (iii) your violation of these Terms. (b) This indemnity obligation includes paying for 4Here’s attorneys’ fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation. (c) You agree that the 4Here Parties may, in its discretion, elect to control the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 4Here.
8. Disclaimers TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT STRATAPULT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEETS YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY STRATAPULT OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
9. Limitation of Liability; Release TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL STRATAPULT OR ANY OF THE STRATAPULT PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM STRATAPULT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STRATAPULT’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STRATAPULT AND THE STRATAPULT PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR ACCESS TO OR USE OF THE SITE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Severability If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
11. Governing Law and Venue These Terms and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of law rules or principles (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Illinois and the United States, respectively, sitting in Cook County, Illinois.
12. Amendment We reserve the right to change these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms to the Site and updating the “Last Updated” date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Site
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