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1. Agreement between You and Prideindex.com. The following terms and conditions (the "Terms and Conditions") apply to all visitors to or users of this Web site. By accessing this Web site, the user acknowledges acceptance of these Terms and Conditions. In the case of any violation of these Terms and Conditions, Prideindex.com reserves the right to seek all remedies available by law and in equity for such violations. 2. General Use Provisions; and Copyright. Publication of photo or likenesses of individuals or organizations, or references to individuals or organizations on this web site does not indicate sexual preference of that individual or organization. The opinions expressed by contributors do not reflect the opinions of the editors, publishers, or owner(s). All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of Prideindex.com and/or its vendors or suppliers. All Materials herein and all Prideindex.com software are proprietary to Prideindex.com and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Prideindex.com. 3. Limited License. Prideindex.com hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) The Materials are used only for the purposes of using the services expressly offered by Prideindex.com; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Prideindex.com.
4. Trademarks. The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of Prideindex.com or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of Prideindex.com or such third party which may own the Mark. 5. Linking to this Web Site. If you operate a Web site and wish to link to Prideindex.com, you must link to our home page unless permission otherwise has been granted in writing by Prideindex.com to do otherwise. Prideindex.com reserves the right to reject or terminate any links to this web site 6. Devices. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Prideindex.com site or any listing, offer or transaction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 7. User Content. By placing material on or communicating with Prideindex.com web site, you hereby grant us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold Prideindex.com harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. You further grant Prideindex.com the right to use your name in connection with the reproduction or distribution of such material. 8. No Unlawful or Prohibited Use. As a condition of your use of this Web site, you warrant to Prideindex.com that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices. The following is a partial list of the kinds of activities and content that are prohibited on or through the Service: (a) submitting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting content that could be harmful to minors; (c) engaging in activities or submitting content that harass or advocate harassment of another person; (d) engaging in activities that involve the transmission of "junk mail" or unsolicited mass mailing or "spam"; (e) engaging in activities or submitting content that promote information that is false, misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting content that contains restricted or password only access pages, or hidden pages or images; (g) submitting content that displays pornographic or sexually explicit material of any kind; (h) submitting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting content that solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and (j) engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. 9. Termination of Service. You understand and agree that in the sole discretion of Prideindex.com, and without prior notice, we may terminate your access to this web site and the Service or exercise any other remedy available and remove any unauthorized User Content, if Prideindex.com believes that your use of the Web site, Service and/or any User Content you provided has violated or is inconsistent with these Terms of Service, or has violated the rights of Prideindex.com, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Prideindex.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Prideindex.com is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Service. 10. Modification of the Web Site. Prideindex.com (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Prideindex.com may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice. 11. Links to Third Parties. This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. If you use these links you will leave our Web site. Conversely, Web sites operated by entities other than us may contain links to our Web site. The linked and linking sites are not under our control and we are not responsible for the contents, software, products or services available on any linked or linking site or any link contained in a linked or linking site or any changes or updates to such sites. We provide links as a convenience only. The existence of any link on our Web site does not mean that we endorse, support or accept any responsibility for the content or use of such sites. You are solely responsible for the results and consequences of your use of such links. We reserve the right to discontinue any linked site at any time without prior notice. Please contact the web masters of any linked sites concerning any information, goods and/or services appearing thereon. 12. Services Not Provided. In connection with your use of the Prideindex.com website and/or services, you acknowledge and agree as follows: - Prideindex.com does not participate in any actual transactions, including, without limitation, negotiations, discussions, or proposals;
- Prideindex.com is not undertaking any, and has no, fiduciary duties to any site users, including, without limitation, the obligation to verify the veracity of information provided by any site users;
- Prideindex.com may make changes to its products and/or services and this website at any time and without notifying you or receiving your consent; and while Prideindex.com complies with state and federal civil rights laws, Prideindex.com does not monitor transmissions of information by site users and thus assumes no liability for site users' failures to comply with such laws.
13. General Disclaimer. Although Prideindex.com has attempted to provide accurate information on the Web site, Prideindex.com assumes no responsibility for the accuracy of the information. All information provided on this Web site is provided "as is" with all faults without warranty of any kind, either express or implied. Prideindex.com hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid. 14. Limitation on Liability. Neither Prideindex.com nor any of its directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this Web site or any Prideindex.com product, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business or damages from the use of or reliance on the information present on this Web site, even if Prideindex.com has been advised of the possibility of such damages. 15. Indemnity. As a condition of use of this Web site, you agree to indemnify, defend and hold us harmless from and against any and all claims and expenses (including reasonable attorneys' fees) arising out of or related in any way to your use of our Web site, violation of this Agreement, or of any law or regulation, or violation of any proprietary or privacy right. 16. Modification of These Terms of Use. Prideindex.com reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any site users' actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use. 17. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 18. General. a) Governing Law and Jurisdiction. This agreement is governed by the laws of the State of Illinois, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. b) Disputes. Any dispute relating in any way to your visit to of our Web sites shall be submitted to confidential arbitration in Cook County, Illinois except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. c) Entire Agreement. This agreement constitutes the entire agreement between you and Prideindex.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Prideindex.com with respect to your use of our Web site and information, software, products and services associated with them. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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