An Illinois Limited Liability Company
Dated as of March 13, 2017
The Company provides web based services to our clients for them to interact with their 3rd party end users who are among the public. The 3rd party public end users are 3rd parties to the Company (the 1st party) in so far as they are users by our 2nd’ party clients and not directly to us. 3rd party public end users may, but are not limited to be, related to the client as members, supporters, sponsors, donors, customers, visitors, viewers, family, staff, volunteers or the general public.
The Company’s web based services makes a “Super-Admin” for the Company with the ability to create “Client-Admin” web sites and controls to our clients for individual web services for the client(s) for them to make control and use with their 3rd party public users. The Company’s Super-Admin” creates “Sub-Admins” for clients allowing them to create their own web based service for their own 3rd party and public users. The public users or customers of each client are also known as end-users. These end users are and remain a 3rd party to the Company. Any party that is not our direct customer for the creation of web services is deemed to be a 3rd party. 3rd parties are the sole responsibility of the client. For the purposes of this agreement the Company is referred to as us, we, our and my and all others are referred to as you, your, their. Everyone who is not the Company is not us. The following diagram is provided in order to depict the relationship between the Company, us, the client and their 3rd party, you.
The Company ß-------Youà Our Client(s) ß------Youà 3rd Party/the public.
You, our Client Sub-Admins are directly and solely responsible for any 3rd party or end-user and you, the end user hereby agrees to hold the Company harmless, protect and defend the Company against any claim, loss or damage as a result of using the Company’s systems. In addition our Client Sub-Admin, will pay the Company for all it’s costs and expenses including court costs and the attorneys fees in order for the Company to defend any action arising out of use of its web platform by you, the Client Sub-Admin or the client’s 3rd party public end users.
The Company and or its client admin sites collects company and or personally identifiable information when you use one of its client admin or online public listing sites, when you use certain of the Company’s products or services, when you create, ad to or visit the Company pages, and when you enter sales, promotions or sweepstakes. The Company may also receive your company or personally identifiable information from our business partners and 3rd parties.
When you register, we may ask for various items of company and personal information, including but not limited to your name, address, zip code, telephone numbers, fax numbers, and e-mail addresses bank account, routing numbers and social security or federal tax ID information. Once you register and sign in to our services, you are not anonymous to us.
When you use our service for posting public information such as a photo, personal profile, ad or blog your information is no longer confidential to us or the public. Once you allow your confidential information to become public through our service you forfeit any right of use or control of that information and it is available for the Company or our client admin to use in any way commercially reasonable.
The Company may also automatically receives and records information on our server logs from your browser including your IP address, Company cookie information, and the page you or your 3rd party public users may find or request.
The Company will not sell or rent your individually personally identifiable information to anyone unless you have made that information publically available. The Company may send individually personally identifiable information about you to other companies or people when:
(a) We have your consent to share the information; (b) we need to share your information to provide the product or service you have requested; (c) we need to send the information to companies who work on behalf of the Company to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us, them or you.); (d) we respond to subpoenas, court orders or legal process; or (e) we find that your actions on our web sites violate the Company Terms of Service or any of our usage guidelines for specific products or services.
We may share your personal information to any group or organization that you, yourself, have identified with or are a member of or to whom you have done business with, donated or advertised with. Once you have permitted us to publish your information then your personal information is generally available to the public in association with Company services or by, with or for a group you have identified yourself with then the Company may re-post or aggregate that company or personal information for any commercially reasonable purpose. Such permission to publish the information you have provided may not be revoked.
The Company may set and access cookies on your or your 3rd party user’s computer. The Company may allow other companies that are presenting advertisements on some of our pages to set and access their cookies on your or your 3rd party’s computer. Other companies' use of their cookies is subject to their own privacy policies, not this one.
Representation and Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2) THE COMPANY MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRIVICY OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5) YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE. .