- Description of the Website
You are solely responsible for providing, at your own expense, all equipment necessary to use the Website, 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 Website 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 Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
- License Grant
Licensor hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Website and any related Documentation (defined above) solely for the purpose of the Services. All rights not expressly granted to you are reserved by Allsup and its licensors.
- User Registration
In order to access some of the functionalities of the Website, you may be required to register with and setup an account on the Website. 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 Website.
The registration form may require 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 Website solely for your own personal, non-commercial use or on behalf of an individual who is unable to use the Website.
- Acceptable Use
Your use of the Website 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 Website. In addition to following all laws and regulations, you shall not:
- Use the Website for any commercial purpose;
- Misrepresent your identity or your purpose for using the Website;
- Reverse engineer or access the Website in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Website, (iii) copy any ideas, features, functions or graphics of the Website, or (iv) copy any text or questions on the Website;
- Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website without Allsup’s express written consent except as otherwise provided herein;
- Submit or post information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Submit or post information that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, military status (former or current), or disability;
- Submit or post information that, or use the Website in such a way that, your use infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- Use the Website to send unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, including posting links to such content;
- Infect the Website with any files that contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party, including posting links to such content;
- Impersonate any person or entity, including but not limited to any of our employees or representatives;
- Breach security of another account or attempt to gain unauthorized access to another network or server; or
- Interfere with anyone else’s use and enjoyment of the Website or other similar services.
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.
- Federal and State Laws
When using the Website, you represent and warrant you will obey and comply with all applicable federal, state and local laws. The Website was created and will be operated from the United States. Any use of the Website that violates any applicable laws will be grounds for discontinuing your rights to access the Website.
- Relationship of the Parties.
- Third Party Sites and Information
The Website 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.
- Intellectual Property Information
The Website 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 Website 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 Website or the Service. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- User’s Content
If you register with the Website, you are responsible for entering any necessary personal information and to truthfully answer the questions posed on the Website (collectively, the “User Content”). 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 Website. Allsup assumes no responsibility regarding the accuracy of the User Content, or any information that is provided by you through the Website and use of such information is at your own risk.
The Website 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, sublicenseable, 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.
- Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Website believes its copyright, trademark or other property rights have been infringed by a posting on the Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or otherwise protected device, mark, product or process, claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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 Website 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, Inc.
300 Allsup Place,
Belleville, IL 62223
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE WEBSITE 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. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE WEBSITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN YOU OBTAINING ANY BENEFITS OR ASSISTANCE, (B) THE WEBSITE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICE OF THE WEBSITE MAY BE OUT OF DATE, AND WE DISCLAIM ANY OBLIGATION TO UPDATE SUCH CONTENT AND SERVICES.
THE USE OF THE WEBSITE 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.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE 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 WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY ALLSUP OR ITS AFFILIATES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Medical Disclaimer
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE WEBSITE 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 WEBSITE 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 WEBSITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
- Limitation of Liability
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 WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THE WEBSITE. ALLSUP’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO ALLSUP FOR YOUR USE OF THE WEBSITE 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 WEBSITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Use of the Website and Storage of User Content
You acknowledge that we may establish general practices and limits concerning your use of the Website, including without limitation the maximum number of days that any of your information or User 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 Website 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 Website. 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 Website is not designed or intended to be used as a disaster recovery facility or as an emergency data 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.
- International Use
The Website is intended for use by citizens and/or residents of the United States to obtain the Service. Although the Website may be accessible worldwide, we make no representation that materials on the Website 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 Website 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 Website is void where prohibited.
- Termination of Use
- Governing Law and Choice of Venue
The Website (excluding any linked sites) is controlled by us from our offices within the State of Illinois, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Illinois, by accessing the Website, 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 Website and the Service available through the Website. 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.
- Change of Control
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, Inc., 300 Allsup Place, Belleville, IL 62223, if by conventional mail, or by email at: CIC@AllsupInc.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.
- Entire Agreement
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 Website 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.
- Contact Information