Date of Last Revision: July 19, 2021
Description of the Platform
You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform, including a computer and your own internet access (including payment of internet service or other service fees associated with such internet access). You acknowledge and agree that temporary interruptions of the availability of the Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Licensor hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform and any related Documentation (defined above) solely for the purpose of obtaining the Services. All rights not expressly granted to you are reserved by Allsup and its licensors.
In order to access some of the functionalities of the Platform, you will be required to register with and setup an account on the Platform. During the registration process, you will be assigned or select a unique identifier and a password by completing our online registration form. You are responsible for keeping your unique identifier and password confidential. Allsup cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. You will: (i) notify Allsup immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Platform.
The registration form requires you to enter certain information and data (“Registration Data”) and you have the ability to maintain and update your Registration Data as necessary. You represent and warrant that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required and keep it current, complete and accurate. You additionally represent and warrant that you are using the Platform solely for your own personal, non-commercial use or on behalf of an individual who is unable to use the Platform.
Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for the content of your submissions and answers you provide to us through the Platform. In addition to following all laws and regulations, you shall not:
You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
When using the Platform, you represent and warrant you will obey and comply with all applicable federal, state and local laws. The Platform was created and will be operated from the United States. Any use of the Platform that violates any applicable laws will be grounds for discontinuing your rights to access the Platform.
The Platform may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by Allsup, its Affiliates or other parties. Third-party sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
The Platform and all materials and Content available on it or through the use of the Service are the property of Allsup or its licensors and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Platform in any manner or for any purpose that is inconsistent with the intended use of the Service or that would otherwise constitute infringement of Allsup’s or its licensors’ intellectual property rights. You may not reproduce or distribute any materials obtained from the Platform or the Service. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Certain of the ideas, software and processes incorporated into the Platform may be protected by U.S. patents or may currently also be protected by patents pending in the United States and selected foreign jurisdictions.
You are responsible for entering any necessary personal information and to truthfully answer the questions posed on the Platform (collectively, the “User Content”). The proper and efficient functioning of the Platform relies on this User Content and you hereby provide Allsup and its Affiliates a license to use the User Content to provide and enhance the Service during or after your use of the Platform. Allsup assumes no responsibility regarding the accuracy of the User Content, or any information that is provided by you through the Platform and use of such information is at your own risk.
The Platform may allow you to submit information, feedback or comments (each a “Submission”) to Allsup through a comments page or by using a chat feature. By posting, uploading, inputting, providing or otherwise submitting information, feedback or comments to Allsup, you represent and warrant that your Submission is truthful and that you own or otherwise control all of the rights to your Submission. You hereby grant Allsup an unlimited, irrevocable, world-wide, sublicensable, and royalty free license to use the Submission in furtherance of any commercial purpose; to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid to you with respect to Allsup’s use of your Submission. Allsup is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Allsup’s sole discretion.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Platform believes its copyright, trademark or other property rights have been infringed by a posting on the Platform, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. We reserve the right to terminate the access to the Platform of any users who are infringers of copyright or of users about whom claims of copyright infringement are received.
Designated Agent for Claimed Infringement:
Associate General Counsel, Allsup, LLC
300 Allsup Place,
Belleville, IL 62223
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. THE MAXIMUM EXTENT ALLOWED BY LAW, WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN YOU OBTAINING ANY BENEFITS OR ASSISTANCE, (B) THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICE OR INFORMATION OBTAINED BY YOU FROM THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES ON THE PLATFORM, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICE OF THE PLATFORM MAY BE OUT OF DATE, AND WE DISCLAIM ANY OBLIGATION TO UPDATE SUCH CONTENT AND SERVICES.
THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM WITH ANY THIRD PARTY, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY ALLSUP OR ITS AFFILIATES.
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE PLATFORM IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE PLATFORM IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.
THE PLATFORM IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE PLATFORM OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
IN NO EVENT SHALL ALLSUP OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE PLATFORM.
ALLSUP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO ALLSUP FOR YOUR USE OF THE PLATFORM WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING ALLSUP TO LIABILITY.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES YOU OBTAIN OR ARE EXPOSED TO THROUGH THE PLATFORM.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge that we may establish general practices and limits concerning your use of the Platform, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Platform or the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Platform. You acknowledge that we reserve the right to remove or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, without notice unless otherwise required by law.
The Platform is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or Registration Data.
The Platform is intended for use by citizens and/or residents of the United States to obtain the Service. Although the Platform may be accessible worldwide, the Platform is not intended to be used by those outside the United States. We make no representation that materials on the Platform are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Platform from other countries act on their own initiative and are responsible for compliance with all applicable local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.
The Platform (excluding any linked sites) is controlled by us from our offices within the State of Illinois, United States of America. By accessing the Platform, you agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to your use of the Platform and the Service available through the Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Circuit Court of St. Clair County and the United States District Court for the Southern District of Illinois in East St. Louis, Illinois, with respect to such matters.
In the event of a change of control of Allsup or the sale of substantially all of Allsup’s assets, all rights of Allsup hereunder shall be transferable without notice to you.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at Allsup, LLC, 300 Allsup Place, Belleville, IL 62223, if by conventional mail, or by email at: YourAllsupTeam@allsup.com. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.