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(Last modified: July 12, 2004)
The following Terms of Use govern your use of any website (each referred to as a "Site") of Mary O'Connor & Company, an Illinois corporation or any affiliate thereof (collectively referred to as the "Company"). The Sites include but are not limited to www.Expressevent.com and www.mocandco.com. By using any of the services provided on any Site, including but not limited to ExpresseventTM services (collectively, the "Services"), you agree to be bound by and abide by these Terms of Use. If you do not agree, please immediately cease any further use of the Sites.
Permitted Conduct. The Sites and Services must be used in a manner that is consistent with the express intended purpose of the Sites and Services and may be used only for lawful purposes. You shall not use the Sites or Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Sites and Services or other Company customers; or (c) that may expose Company to criminal or civil liability.
Safeguarding of Passwords. Upon registration, the Company shall provide you with a login and password. You are responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account. The Company will not be liable for any loss or damage arising from your failure to comply with this responsibility.
No Resale. Except as specifically authorized, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes other than its internal purposes, any portion of the Services, use of the Services, or access to the Services.
Email and Unsolicited Messages. You agree to not use the Sites and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("spam"). In addition, You shall not use the Sites and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, or (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them.
Inappropriate Actions. You agree not to violate or attempt to violate the security of the Sites and Services or the computers, accounts, or networks of another party. You also agree to refrain from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. The Company will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting any person involved in such activity.
Intellectual Property. Material accessible through the Sites and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. You shall not use the Sites and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights.
Disclaimer of Warranties. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF ANY SERVICE, OR THE OPERATION OR FUNCTION OF A SITE OR ANY SERVICE, OR ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICE OFFERED IN CONNECTION WITH A SERVICE, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, AVAILABILITY, AND THE ACCURACY OF THE SERVICES FOR ANY PURPOSE. THE SITES AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES RELATED TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liabilities. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COST OF COVER, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE, THE USE OR PERFORMANCE OF THE SERVICE, THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In no event will the Company's liability for any claim relating to the Company exceed the amount paid for the Services for the incident or event giving rise to the claim.
Modifications. The Company reserves the right to modify these Terms of Use at any time, effective immediately upon posting. Any use of a Site subsequent to such a change shall be deemed acceptance of such modified terms.
Termination. The Company reserves the right to immediately suspend the provision of Services to you in the event the Company in good faith believes you have or anyone utilizing your account has violated any provision of these Terms of Use. The Company may terminate Services to you upon 30 days notice for any reason. You may terminate and close your account(s) at any time; provided, however, you shall remain liable for payment for Services received prior to closing the account.
Exclusive Remedy. F YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE COMPANY'S LIABILITY OR YOUR REMEDIES.
Fraudulent/Misleading Content. You shall not use the Sites and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, You are prohibited from submitting any false or inaccurate data on any order form, contract or online application.
Governing Law. Any disputes in connection with a Site and/or a Services hall be shall be governed by and construed in accordance with the laws of the State of Illinois exclusive of its conflicts of law principles.
Breach. You agree to indemnify and defend the Company from any claim or loss arising in connection with an alleged violation by you of any term of these Terms of Use.
Severability. If any provision of this Agreement is held illegal or unenforceable, that provision will be limited or eliminated to the maximum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
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