TERMS OF USE
The website you
have entered (compassconcierges.com, its sub-domains, affiliated
websites and applications, any mobile versions) and any services or
Content (as defined below) available therefrom (the “Site”) is a
copyrighted work owned and operated by C. Steven and APAG Inc., with
its principal offices in Arlington Heights Illinois
LAST
MODIFIED: September 5th, 2019
BY ACCESSING OR USING THE SITE,
YOU HEREBY AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO
ENTER INTO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”).
THESE TERMS TOGETHER WITH THE PRIVACY POLICY (LOCATED HERE)
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND C. Steven.
IF YOU
ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ,
UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR
ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OR
HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE
TO THESE TERMS, DO NOT ACCESS OR USE THE SITE. IN NO EVENT MAY
YOU ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
YOUR
ACCESS TO AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE
TERMS.
1. CHANGES TO THE SITE OR TERMS
C Steven reserves
the right, at any time, to modify, suspend, or discontinue the Site
(in whole or in part) at its sole discretion with or without notice
to you. You agree that C Steven will not be liable to you or to any
third party for any modification, suspension, or discontinuation of
the Site or any part thereof.
C Steven further reserves the
right, at any time, to revise these Terms or to impose new terms and
conditions with respect to access to or use of the Site, the Content,
or any other matter, in its sole discretion. Any modification to the
Terms shall become effective when posted. ANY ACCESS TO OR USE OF
THIS SITE OR ANY CONTENT BY YOU AFTER THE POSTING OF THE REVISED
TERMS SHALL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No
modification to these Terms shall be valid or enforceable against C.
Steven unless expressly agreed to by C Steven in a writing signed by
a duly authorized officer of C Steven.
2. TERM AND
TERMINATION
These Terms will remain in full force and effect
while you access and use the Site. C Steven may terminate these Terms
or discontinue operation of the Site without notice to you, at any
time and for any reason, in our sole discretion, without liability,
including but not limited to if you breach any of these Terms.
In the event of termination of these Terms with respect to you, you
will no longer be authorized to access or use the Site or any
Content.
In the event of a termination of these Terms or
termination of your access to and use of the Site, Sections 3 through
14 of these Terms shall survive and continue in full force and
effect. Further, all rights granted by you shall remain in full force
and effect and C. Steven shall be permitted, but shall not have any
obligation, to delete any of your personal data collected in the
operation of the Site unless otherwise required by law.
3.
LICENSE; SITE CONTENT
4. License. Subject to these Terms,
C. Steven grants you a non-transferable, non-exclusive, revocable,
limited license to use and access the Site solely for your own
personal, non-commercial use. Unauthorized access to or use of the
Site or the Content is a breach of these Terms and may be a violation
of law.
5. Site Content. Unless specifically permitted
herein, no information, materials, files, videos, or other content
(collectively “Content”) comprising, contained in or distributed
through the Site may be reproduced in any form or used by you without
the prior written consent of C. Steven. The Site and the Content
found therein are the property of C. Steven, its licensees and/or
licensors. The Site and the Content are protected by copyright laws
and international treaty provisions. You acknowledge that C. Steven
or its business partners, licensees or licensors (as applicable) own
and shall retain the exclusive right, title and ownership in and to
all copyrights, trade secrets, trademarks and other intellectual
property and proprietary rights in the Site and all Content. You
agree not to use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor or copy any
part of the Site or any of the Content. You agree not to copy,
modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, disassemble, decompile, attempt to obtain the source code
of, grant a security interest in, publicly perform, publicly display,
transfer or exploit the Site, the Content, any technology or software
relating thereto, or any portion of any of the foregoing. All
copyright, trademark, or other proprietary notices on the Site or any
Content must be retained and displayed at all times.
6.
DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
THE SITE AND
THE CONTENT CONTAINED IN AND DISSEMINATED FROM THE SITE ARE PROVIDED
“AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OR
REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL
OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY
DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND
USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED
THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE AND/OR THE CONTENT
WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL
OF QUALITY OR MEET YOUR EXPECTATIONS. STEVEN WEIRICH MAKES NO
WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR
THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR
COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR
OTHER DAMAGES, RELATING TO YOUR ACCESS TO AND USE OF THE SITE OR THE
SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR
ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE
ANY WARRANTY OR REPRESENTATION ON THE PART OF STEVEN WEIRICH OR ANY
OF THE STEVEN WEIRICH PARTIES (AS HEREINAFTER DEFINED).
Please
note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. In
such jurisdictions, the liability of the C. Steven Parties shall be
limited to the greatest extent permitted by applicable law.
5.
USER CONDUCT; PROHIBITED ACTIVITIES
You agree that you shall not
post, publish, submit or otherwise disseminate through the Site any
content or other information:
• that is known by you to be
false, inaccurate or misleading;
• that violates, infringes or
misappropriates any third party’s copyright, patent, trademark,
trade secret, right of privacy, right of publicity or other
intellectual property or proprietary right;
• that violates
any law, statute, regulation, rule or ordinance (including, but not
limited to, those governing export control, consumer protection,
unfair competition, anti-discrimination or false advertising)
•
that is, or may reasonably be considered to be, defamatory, libelous,
hateful, profane, abusive, racially, religiously, or otherwise biased
or offensive, unlawfully threatening or unlawfully harassing to any
individual or entity, or otherwise contains foul language;
•
that contains any computer viruses, worms or other potentially
damaging computer programs or files
In addition to the
foregoing, you agree not to:
• Download or upload any content
or material that you know or reasonably should know cannot be legally
obtained in such manner;
• Restrict or inhibit any other user
from using and enjoying any area within the Site;
• Collect or
store personal information about other users of the Site, or submit
personal data on the Site without their express permission and
authority to do so;
• Attempt to access or use the Site or the
Content after your access or use has been terminated;
• Affect
the way the Site displays Content (including any pages contained
therein) other than through adjustments to your browser or display
settings to facilitate your personal viewing of the Site;
•
Use any automated means to access or use the Site or to collect any
Content contained therein;
• Modify or create variant versions
of the C. Steven name, trademark, indicia or logos;
•
Interfere with or disrupt the Site or the infrastructure;
•
Forge headers or manipulate identifiers or other data in order to
disguise the origin of any content transmitted through the Site or to
manipulate your presence on the Site;
• Take any action that
imposes an unreasonably or disproportionately large load on the Site
or its infrastructure;
• Engage in any acts or omissions that
could constitute a violation of applicable laws, statutes,
regulations, rules or ordinances.
You agree to notify us if you
suspect any activity in violation of these Terms and cooperate with
our investigation of such violation.
6. THIRD-PARTY LINKS
The
Site may contain links to third-party websites and services for third
parties (collectively, “Third-Party Links”). Such
Third-Party Links are not under the control of C. Steven is not
responsible for any Third-Party Links. C. Steven provides access to
these Third-Party Links only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any
representations with respect to Third-Party Links. Your interaction
with all Third-Party Links is at your own risk. When you click on any
of the Third-Party Links, the applicable third party’s terms and
policies apply, including the third party’s privacy and data
gathering practices.
7. COPYRIGHT AND TRADEMARK INFORMATION
©
C. Steven of APAG Inc.
2019. All rights reserved.
Your use of any trademarks,
service marks, branding, logos, and designs owned or licensed by C.
Steven is prohibited without the prior written consent of C. Steven
or the consent of the third party that owns the trademark.
8.
PRIVACY
Certain information collected from you or about you in
the course of your access to or use of the Site is subject to our
Privacy Policy (located HERE), which is incorporated into these Terms
by reference and may be revised from time to time as provided
therein. You acknowledge, agree and consent to the information
collection, distribution and other terms, conditions and matters set
forth in the Privacy Policy.
9. NOTIFICATIONS
We may be
required by state or federal law to notify you of certain events. You
hereby acknowledge and consent that such notices will be effective
upon our posting them on the Site or delivering them to you through
email, if you have previously provided your email address to us. If
you do not provide us with accurate information, we cannot be held
liable if you do not receive notice.
10. GOVERNING LAW AND
JURISDICTION
The Site is controlled and managed by C. Steven
from its offices in the United States and is targeted to the United
States. These Terms shall be governed by and construed in
accordance with the laws of the State of Illinois, without reference
to its conflicts of laws principles.
You must not access or use
the Site or the Content in countries where it is restricted,
prohibited or limited by local law, regulations, codes or customs. C.
Steven makes no warranty or representation that the Site or the
Content is appropriate or available for access or use in locations
outside the United States.
11. USERS OUTSIDE OF THE UNITED
STATES
If you (a) are using the Site from a country embargoed by
the United States, (b) are on the United States Treasury Department’s
list of “Specially Designated Nationals,” or (c) are on the U.S.
Commerce Department’s Table of Deny Orders, you agree that you will
not conduct any commercial activities using or through the Site and
will not otherwise use the Site or any related services in violation
of United States export control laws or regulations.
12.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL STEVEN WEIRICH, ITS SUBSIDIARIES AND AFFILIATES
AND/OR THEIR RESPECTIVE OFFICERS, DIRECTORS, TRUSTEES, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (ALL OF THE
FOREGOING, COLLECTIVELY, THE “STEVEN WEIRICH PARTIES”) BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PERSONAL OR BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF PERSONAL OR BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING
OUT OF OR RELATED TO THESE TERMS OR ARISING OUT OF THE ACCESS OR USE,
OR INABILITY TO ACCESS OR USE THE SITE AND/OR ITS CONTENT, EVEN IF
THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF
SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE NATURE
OF THE CAUSE OF ACTION OR THEORY ASSERTED (E.G., WHETHER IN CONTRACT,
TORT OR OTHERWISE). ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT
YOUR OWN RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR DEVICE OR COMPUTER, OR LOSS OF DATA RESULTING
THEREFROM. IF, NOTWITHSTANDING THE PROVISIONS OF THE TERMS, ANY
OF THE STEVEN WEIRICH PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY
DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR
ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE
STEVEN WEIRICH PARTIES SHALL IN NO EVENT EXCEED $100 USD. YOU AGREE
TO USE YOUR BEST EFFORTS TO MITIGATE ANY DAMAGES OR LOSSES YOU MAY
SUFFER IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE
CONTENT.
Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages,
parts of the above limitation may not apply to you. In such
jurisdictions, the liability of the C. Steven Parties shall be
limited to the greatest extent permitted by applicable law. Check
your local laws for any restrictions or limitations regarding the
limitation of liability for consequential or incidental damages.
13.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless
C. Steven, its affiliates, subsidiaries, licensees, vendors,
partners, and each of their respective directors, officers, members,
managers, employees, agents and representatives from and against any
and all claims, actions, losses, damages, liabilities, judgments,
settlements, costs and expenses (including, but not limited to,
reasonable attorneys’ fees and court costs) arising out of or
relating to (a) your breach of these Terms or any applicable laws or
regulations, (b) your access to or use of the Site and/or the
Content, (c) your violation, breach or misappropriation of a third
party’s copyright, patent, trademark, trade secret, right of
privacy, right of publicity, or other intellectual property,
proprietary or other right, (d) your tortious acts including, without
limitation, defamation, and/or (e) any claims you may raise against
third parties relating to third party products or services. We
reserve the right to assume, at our expense, the exclusive defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate with our defense of such claims. If we
assume such defense, we will be responsible solely for our legal fees
in connection with such defense and all other losses, damages,
liabilities, judgments, settlements, costs and expenses shall be your
sole responsibility.
14. MISCELLANEOUS
These Terms
constitute the entire agreement between you and us regarding the
access to or use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. If any
provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired
and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by
law.
If you have questions or comments, please contact us at:
steven@compassconcierges.com