Terms of Use
Last Updated on Friday, 21 August 2009 10:09
These Terms of Use constitute a binding contract between You and Market To Market, LLC. ("MTMChicago"). Your access to and continued use of the MTMChicago Web site located at www.MTMChicago.com (including any successor site) (the "MTMChicago Site") constitutes Your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use the MTMChicago Site.
Permitted Uses You may:
1. use the MTMChicago Site as authorized by these Terms of Use;
2. not use the MTMChicago Site for the benefit of any third party, other than as part of a Permitted Use;
3. not republish or distribute information from the MTMChicago Site (including by posting same on any other Web site);
4. not modify information from the MTMChicago Site except in connection with a Permitted Use;
5. not disassemble, decode, decompile, or otherwise reverse engineer the MTMChicago Site, including, without limitation, any interfaces or software programs comprising the MTMChicago Site;
6. not take any action that would impede or interfere with the operation of the MTMChicago Site or alter the contents of the MTMChicago Site, or alter or interfere with any other content, site or software that MTMChicago owns or controls;
7. not directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the MTMChicago Site, any database thereon and/or any content thereon, or any portion thereof;
8. not use any data mining, robots or similar data gathering and extraction methods with respect to the MTMChicago Site or any portion thereof; or
9. not use the MTMChicago Site directly or indirectly in competition with MTMChicago in any way whatsoever.
Access to the MTMChicago Site
MTMChicago reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the MTMChicago Site. MTMChicago further reserves the right to impose registration, password and other security precautions on access to and use of the MTMChicago Site. Privacy Policy
You agree to the terms of our Privacy Policy, which is incorporated by reference. Legal Notices and Proprietary Rights
You agree not to take any action that would infringe, misappropriate, or violate MTMChicago's intellectual property interests.
You agree not to upload or otherwise place any information on the MTMChicago Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation. ACCURACY AND WARRANTY DISCLAIMERS
MTMChicago does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the MTMChicago Site (including, without limitation, any database accessible via the MTMChicago Site and its content) or linked from the MTMChicago Site.
Due to, among other things, the possibility of human and/or mechanical error, MTMChicago shall not be responsible for any errors or omissions on the MTMChicago Site. MTMChicago makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. MTMChicago shall not be liable for any damages of any kind incurred as a result of the information posted on the MTMChicago Site including, without limitation, any content thereon.
MTMCHICAGO MAKES NO WARRANTY THAT THE MTMCHICAGO SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE MTMCHICAGO SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." MTMCHICAGO HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY MTMCHICAGO WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. MTMCHICAGO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. LIMITATIONS ON LIABILITY; INDEMNITY
IN NO EVENT SHALL MTMCHICAGO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE MTMCHICAGO SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE MTMCHICAGO SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER MTMCHICAGO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.
You agree to indemnify, defend and hold harmless MTMChicago, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the MTMChicago Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the MTMChicago Site. Endorsement Disclaimer
MTMChicago does not endorse, support, sanction, or verify the information or material on or accessible via the MTMChicago Site. Unless otherwise specifically indicated, MTMChicago does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the MTMChicago Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person. Disclaimer Regarding Financial and Legal Advice
The information on the MTMChicago Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Classified Ads Disclaimer
MTMChicago reserves the right to edit, categorize, revise, or refuse any classified advertisement. In addition, MTMChicago has the right to terminate any ad at any time for any reason.
Parties posting ads are responsible for the accuracy and content of their ads. MTMChicago will not be liable for any damages arising out of errors or omissions.
MTMChicago and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the classified ads located on the MTMChicago Web site. Due diligence is recommended before entering into any agreement with a classified advertiser. MTMChicago will not be held liable for any damages of any kind relating to any ad. Disclaimer Regarding Documents Uploaded to the MTMChicago Web Site
You are solely responsible for the documents you upload to the MTMChicago Web site. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. MTMChicago reserves the right to refuse any document. In addition, MTMChicago has the right to terminate any document at any time for any reason. MTMChicago and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the MTMChicago Web site. MTMChicago will not be held liable for any damages. Termination; Equitable Remedies
MTMChicago may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.
You acknowledge and agree that any unauthorized use or disclosure by You of the MTMChicago Site or any infringement or violation of MTMChicago's intellectual property rights, shall cause MTMChicago irreparable injury for which MTMChicago could not be fully compensated by money damages. You agree that, in the event of such a violation, MTMChicago would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that MTMChicago would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief. Force Majeure
MTMChicago shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the MTMChicago Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond MTMChicago's reasonable control. Dispute Resolution
These Terms of Use shall be governed and construed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the MTMChicago Site, You are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the MTMChicago Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the Commonwealth of Virginia, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year. Modification of These Terms of Use
MTMChicago reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as its Privacy Policy referenced in these Terms of Use) at any time by posting such modified versions on the MTMChicago Site. You agree to monitor regularly these Terms of Use as they appear on the MTMChicago Site. Your continued use of the MTMChicago Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may not otherwise be modified or amended. Notices
Except as is stated herein to the contrary, any notices to MTMChicago must be given by postal mail sent to MTMChicago's headquarters as then listed on the MTMChicago Site. Any notices to You will be sent to the e-mail address that You provide to MTMChicago. Severability
Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, MTMChicago and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect. Entire Agreement
Subject to the following sentence, these Terms of Use constitute the entire agreement between MTMChicago and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and MTMChicago with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any User Agreement and/or License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.
