1. Paine Wetzel does not represent or endorse the accuracy
or reliability of: any of the information, content or advertisements
contained on, distributed through or linked, downloaded
or accessed from this Website; the quality of any products,
information or other materials or services displayed or
obtained by you as a result of your use of this Website;
or any Paine Wetzel database, materials, service or system,
or any advertisement or any other information or offer contained
on or referenced in this Website. You hereby acknowledge
that any reliance upon any such content, information, materials,
databases, systems or services shall be at your sole risk.
Paine Wetzel reserves the right, in its sole discretion
and without any obligation, to correct any error or omissions
in this Website or any Paine Wetzel database, material,
service or system.
2. Use by you of this Website or any of Paine Wetzel's
databases, materials, services or systems contained in the
Website is subject to all applicable laws and regulations
and these terms and conditions, all of which are subject
to change and revision from time to time without prior notice.
From time to time, Paine Wetzel may (a) supplement or make
changes to these terms and conditions, its rules of operations,
access procedures, documentation and security procedures
or features, (b) change the type and location of Paine Wetzel's
system equipment, facilities or software, or (c) modify
or withdraw any particular service or product referred to
in this Website or any Paine Wetzel database, material,
service or system contained or referenced in the Website.
Please check these terms and conditions periodically for
changes. Your use of the Website after such a change signifies
your acceptance of the changed terms and conditions.
3. Without Paine Wetzel's prior written consent, which
consent may be given or withheld in Paine Wetzel's sole
discretion, you may not: (a) resell, sublicense, rent, lease
or otherwise publicly distribute this Website or any part
thereof or any Paine Wetzel database, material or service
or any part or parts thereof or information contained therein,
or any access thereto; (b) use your access to this Website
or any of Paine Wetzel's databases, materials, services
or system to export or re-export technical data in violation
of U.S. export control laws and regulations; (c) use this
Website or any Paine Wetzel database(s) (or information
contained therein) which you access in violation of, or
post any information to any Paine Wetzel owned or licensed
website or database which violates any federal or state
law, including data privacy laws and communication regulations
and tariffs, or which infringes the intellectual property
rights or misuses proprietary information of a third party
or is made in furtherance of an illegal or fraudulent scheme
or activity; (d) copy or transfer this Website or any Paine
Wetzel database, materials or documentation, or any part
thereof or information contained therein in whole or in
part, except as permitted by Paine Wetzel; or (e) except
as may be expressly permitted by law, modify, adapt, reverse
engineer, decompile, disassemble, translate or convert any
portion of this Website or any of Paine Wetzel's databases
or system, or the selection, coordination or arrangement
of products or services in any Paine Wetzel database or
system.
4. You are responsible for obtaining, installing and maintaining
all computer and communications equipment (including personal
computers and modems), software, Internet access and communications
services necessary to access and use this Website and any
Paine Wetzel databases, materials, services and system to
which you are permitted access.
5. Paine Wetzel reserves the right to terminate access
or take other actions it reasonably believes necessary to
comply with the law and these terms and conditions. Any
access or attempt to access this Website or any Paine Wetzel
database, material, service or system contained in this
Website, or any information contained in any such database,
for any purpose except as authorized by Paine Wetzel is
strictly prohibited.
6. Access to this Website and any Paine Wetzel databases,
materials, services and system contained in the Website
is available to you only during such hours that the Paine
Wetzel, databases and other services are operating, subject
to down time due to maintenance, updates and revisions.
The Paine Wetzel system ordinarily is available for use
twenty-four (24) hours a day, seven days a week. Paine Wetzel
reserves the right in its sole discretion to deny access
to any user.
7. This Website and all Paine Wetzel databases, materials,
services and system contained in the Website and all Paine
Wetzel programs, systems and documentation related thereto
or used therewith including without limitation code, algorithms,
methods of processing and any modifications or releases,
as well as any originals and copies thereof in whole or
in part, and all copyrights, trademarks, patents, trade
secrets and other intellectual property rights therein,
are proprietary and are and shall remain the valuable and
exclusive property of Paine Wetzel and its licensers and
suppliers and may not be used except as specifically permitted
by Paine Wetzel.
8. Paine Wetzel makes no representations or warranties
that this Website is free of defects, viruses or other harmful
components. Paine Wetzel will not be responsible for any
damages or loss that may result from the hacking or infiltration
of this Website or Paine Wetzel's computer systems. YOU
HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH
THIS WEBSITE AND YOU AGREE TO HOLD PAINE WETZEL HARMLESS
FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED
ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA,
WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS
OR CONTENT FROM THIS WEBSITE.
9. The pages on this website may contain technical inaccuracies,
outdated information and typographical errors. To the extent
permitted by applicable law, THIS WEBSITE AND ALL DATABASES,
MATERIALS, SERVICES OR SYSTEMS CONTAINED THEREIN ARE PROVIDED
"AS IS." PAINE WETZEL DOES NOT MAKE ANY WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR
A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN
ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH,
OR LEGALITY OF DATABASES, MATERIALS, SYSTSEMS, INFORMATION,
CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED,
OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.
PAINE WETZEL DOES NOT WARRANT THAT THIS WEBSITE OR ANY DATABASE,
MATERIAL, SYSTEM OR SERVICE CONTAINED IN THE WEBSITE WILL
BE UNINTERRUPTED OR ERROR-FREE OR WILL MEET YOUR REQUIREMENTS
OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
10. Neither Paine Wetzel nor its suppliers, representatives
or licensors will be liable for any damages of any kind
or nature whatsoever resulting from your inability to make
or maintain online connections to Paine Wetzel by means
of the Internet.
11. IN NO EVENT SHALL PAINE WETZEL HAVE ANY LIABILITY TO
YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE
CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR
RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS
AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THIS WEBSITE
OR THE SUBJECT MATTER THEREOF OR ANY DATABASE, SYSTEM, MATERIAL
OR SERVICE CONTAINED IN THE WEBSITE, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE.
12. You assume the responsibility to take adequate precautions
against damages to your systems or operations which could
be caused by defects or deficiencies in the Website or any
Paine Wetzel database, material, service or system contained
therein, or part thereof. You also acknowledge that electronic
communications and databases are subject to errors, tampering
and break-ins and that while Paine Wetzel will implement
reasonable security precautions to attempt to prevent such
occurrences, Paine Wetzel does not guarantee that such events
will not take place. Your installation and inputs influence
the output and errors in any electronic transmission or
communication, and can result in substantial errors in output.
13. You also are solely responsible for ensuring that any
posting or communication made by or for you to a Paine Wetzel
system or database does not contain any virus or other computer
software code or routine designed to disable, erase, impair
or otherwise damage the system, software or data of any
other user of the Paine Wetzel databases, materials, services
or system. You hereby agree to indemnify, defend and hold
Paine Wetzel and its vendors, representatives and licensors
harmless from any liability, claim, cost or damage arising
out of any claim or suit by any such user caused by such
virus or code or subroutine.
14. Neither Paine Wetzel nor its vendors, representatives
or licensors shall in any event be liable to you or to any
third party for any lost profits, revenues, business opportunities
or business advantages whatsoever, nor for any special,
consequential, indirect or incidental losses, damages or
expenses directly or indirectly relating to the use or misuse
of this Website or any Paine Wetzel database, material,
service or system contained in the Website, any computer
software used therewith, the use or failure, non-compliance
or limited availability of any product or service provided
by any supplier, any information provided in the Paine Wetzel
system or any database or any obligation under or subject
matter of this Website, whether such claim is based upon
breach of contract, breach of warranty, negligence, gross
negligence, strict liability in tort or any other theory
of relief, or whether or not Paine Wetzel is informed in
advance of the possibility of such damages.
15. You shall defend, indemnify and hold Paine Wetzel and
its affiliates, members, officers, employees, agents, representatives,
vendors and licensors harmless from any demands, claims,
actions or causes of action, assessments, losses, damages,
costs, expenses and other liabilities, including but not
limited to attorneys' fees and costs, arising from the unlawful
or improper use of any part of Paine Wetzel's website, databases,
materials, services or system, or by any third party access
which is your fault or responsibility, or any other breach
of these standard conditions by you or your employees, contractors
or agents.
16. All notices, demands and requests by you to Paine Wetzel
shall be given in writing addressed as follows: Paine Wetzel
8700 West Bryn Mawr Avenue, Suite 100S, Chicago, IL 60631
and shall be deemed to be duly given on the same business
day if it is sent by electronic means (i.e., telex, electronic
mail or facsimile transmission) or delivered by hand during
regular business hours or on the next business day if sent
or delivered outside such hours, or on the date of receipt
if sent by pre-paid overnight, registered or certified mail.
17. If any part or parts of these terms and conditions
are held to be invalid, the remaining parts will continue
to be valid and enforceable. Nothing in these terms and
conditions affects any statutory rights of consumers that
cannot be waived or limited by contract. The use by you
of this Website, the Paine Wetzel databases, materials,
services and system and any and all other matters between
Paine Wetzel and you related hereto shall be governed by
applicable United States federal law and the laws of the
State of Illinois, excluding its conflict-of-laws rules.
You hereby agree to waive any right to a jury trial in any
suit arising out of or relating to this Website or the Paine
Wetzel catalogs, databases, materials, services or system.
Any suit or proceeding arising out of or relating hereto
must be commenced within one year from the date the right,
claim, demand or cause of action being asserted first came
into being. Venue for all disputes arising out of or relating
to this Agreement shall be in the state and federal courts
situated in Cook County, Illinois.
18. Paine Wetzel advises you to exercise discretion while
browsing this Website and the Internet. Hyperlinks on this
Website may direct you to sites containing information that
some people may find offensive or inappropriate. Such linked
Websites are not under the control of Paine Wetzel and Paine
Wetzel makes no representations concerning any such Websites
which you may be access via a Hyperlink from this Website,
and accordingly are not responsible for the accuracy, copyright
compliance, legality, legitimacy or decency of material
contained in such websites which may be accessible via a
Hyperlink to or from this Website or for the Hyperlink itself.
Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third
parties, including information providers and users are those
of the respective author(s) or distributor(s) and not of
Paine Wetzel. Paine Wetzel is providing these Hyperlinks
to you only as a convenience and the inclusion of any Hyperlink
on this Website is not and should not imply any endorsement
by Paine Wetzel of such linked Websites. When you access
a non-Paine Wetzel web site, please understand that it is
independent from Paine Wetzel and that Paine Wetzel does
not have any control over the content on that Website. With
respect to any Website you access via a Hyperlink from this
Website, it is up to you to take precautions to ensure that
whatever you select for your use is free of such items as
viruses, worms, trojan horses and other items of a destructive
nature. In no event will Paine Wetzel be liable to any party
or any direct, indirect, special or other consequential
damages for any use of this Website, or with respect to
any other hyperlinked website, including, without limitation,
any lost profits, business interruption, loss of programs
or other data on your information handling system or otherwise,
even if any of them are expressly advised of the possibility
of such damages.
19. You agree to comply with all applicable export laws,
regulations and restrictions. Information Paine Wetzel places
on or makes available through this Website may contain references
or cross references to Paine Wetzel or third party products,
programs and services that are not announced or available
in your country. Such references do not imply that either
Paine Wetzel or such third party intends to announce or
make available such products, programs or services in your
country. Consult Paine Wetzel or the applicable third party
for information regarding any such products, programs and
services. This Website may contain other proprietary notices
and copyright information, the terms of which must be observed
and followed. Any rights not expressly granted herein are
reserved.
20. Paine Wetzel is a trademark of Paine Wetzel or its
members or licensors or suppliers on this Website and such
marks may not be copied or otherwise used without the prior
written consent of the owner of such trademark.
21. RESTRICTED RIGHTS LEGEND. Any software that is downloaded
from this Website or Paine Wetzel system for or on behalf
of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted
Rights. Use, duplication or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Contact Paine
Wetzel 8700 West Bryn Mawr Avenue, Suite 100S, Chicago IL
60631 U.S.A.
22. COPYRIGHT NOTICE. All contents of this Website are:
Copyright (c) 1996 - 2001 Paine Wetzel or its members or
licensors or suppliers and are protected by international
copyright law. 8700 West Bryn Mawr Avenue, Suite 100S, Chicago,
IL 60631 U.S.A. All rights reserved. Last update January
15, 2001. Contact Paine Wetzel with questions or problems
with this service.