WEBSITE AGREEMENT
CONDITIONS OF USE
Hello and welcome to our website. On behalf of all of us at Heart of Illinois
GTO (referred to as "HOIGTOŽ," "we," or "us" herein), thank you for your interest in our
club.
The following are the terms of a legal agreement ("Agreement") between you and
HOIGTOŽ. By accessing, browsing, and/or using this website ("site"), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this
site.
HOIGTOŽ reserve the right to change, modify, add or remove portions of this Agreement at any time. Please check these terms periodically for changes. You agree that each time you visit our Site, you shall be subject to and bound by the current terms of this Agreement.
This Site is operated by HOIGTO from its offices within the Illinois, United States of America.
HOIGTOŽ makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local and national laws.
In the event that you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), are licensed to you by
HOI GTOŽ. HOI GTOŽ do not transfer title to the Software to you. You own the medium on which the Software is recorded, but
HOI GTOŽ retain full and complete title to the Software itself, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
OWNERSHIP
This Site is owned and operated by HOI GTOŽ, and, unless otherwise noted, HOI
GTOŽ owns the Copyright in all materials provided here. No material from this Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of
HOI GTO's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited unless permission is obtained in writing from
HOI GTOŽ. The site itself, including all textual and graphic content, is Copyrighted Š2001 by
Heart of Illinois GTOŽ, with all rights reserved.
SINGLE COPY LICENSE
You may download one copy of the information contained in this website (the "Materials") on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the
materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the
materials; (c) remove any copyright, trademark registration, or other proprietary notices from the
materials; or (d) transfer the materials to another person.
TRADEMARKS
The trademarks and service marks ("Trademarks") used or displayed on this site are registered and unregistered trademarks of
HOI GTO, unless otherwise noted. Nothing in this site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the
site without the express written permission of HOI GTOŽ or the trademark owner. The name
"HOI GTOŽ" or any of HOI GTOŽ's logos may not be used in any way without
HOI GTO's prior written consent.
LINKING
You may use any one of several approved HOI GTOŽ's logos as the prompt for "hot" links from other websites to this
site, provided that any such hot link explicitly is conditioned on the user's understanding and agreement that entry into this
site, in every instance, is subject to all the terms and conditions of this Agreement.
Any linking to this site must in each instance be directed to the "home page" or entry portal page of this
site. In no instance is linking permitted directly to locations embedded within this Site.
HOI GTOŽ disclaims and forever waives any and all responsibility for the contents of any site hot linked to this
site, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this
site or any linked site or any downloading of a linked site.
HOI GTOŽ reserves the right to revoke this limited license to use any of the approved
HOI GTOŽ logos for purposes of hot linking to this site and may revoke any authority to link to this
site at any time and under any conditions deemed appropriate by HOI GTOŽ, in its sole discretion. In the event of such revocation, the linking party shall remove the hypertext link to the
site with three (3) days of such revocation. Any such revocation shall be effective upon dispatch by
HOI GTOŽ.
The indemnity provisions set forth below apply in full measure to any linked site, and any person or entity linking to this Site shall indemnify and hold harmless
HOI GTOŽ from any claim arising from or relating to the linked site.
FORUM
"Forum" means an on-line forum or e-mail function offered as part of this site. It is our policy to respect the privacy of all visitors. Therefore, we will not monitor, edit, or disclose the contents of a visitor's e-mail unless required in the course of normal maintenance of this
site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on
HOI GTO, (2) protect and defend the rights or property of HOI GTO, or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.
SUBMISSIONS
We appreciate hearing from our members and guests and welcome your comments regarding
HOI GTOŽ's site. We do value your feedback on our club. Please be specific in your comments regarding our services
and feel free to submit creative ideas, suggestions or materials.
If you send us creative suggestions, ideas, drawings, concepts, or other information (collectively the "Information"), the Information shall be the property of
HOIGTO. None of the Information shall be subject to any obligation of confidence on the part of
HOIGTOŽ and HOIGTOŽ shall not be liable for any use or disclosure of any Information.
HOIGTO shall own exclusively all now known or later discovered rights to the Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Information.
DISCLAIMER
This Site contains links to sites which are not maintained by HOI GTOŽ. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this Site does not imply
HOIGTOŽ's endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
HOIGTOŽ DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HOIGTOŽ DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
HOIGTO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
You specifically acknowledge that HOIGTOŽ is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and
HOIGTOŽ reserves the right to remove such materials from this Site without liability.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HOIGTOŽ BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF
HOIGTOŽ OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL
HOIGTOŽ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
TERMINATION
HOIGTOŽ may terminate this license at any time if, in HOIGTO's sole discretion and judgment, you fail to comply with any term or provision of this Agreement, Upon termination, you shall destroy any materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
CONTRACT INTERPRETATION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Illinois, irrespective of any applicable conflicts of law principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and
HOIGTO relating to the subject of this Site. You agree that no joint venture, partnership, employment or agency relationship exists between you and
HOIGTOŽ as a result of this Agreement or use of this Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless HOIGTOŽ, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement.
HOIGTOŽ shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in
HOIGTOŽ's discretion, in defending any such claim, suit or proceeding.
DISPUTE RESOLUTION
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in
Peoria, Illinois. You expressly waive and are estopped from asserting any right to pursue any claim against
HOIGTOŽ relating to this Agreement in any forum or venue located outside of
Peoria, Illinois. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in
Peoria, Illinois, at HOIGTOŽ's sole discretion. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Once again, thank you for your interest in Heart of Illinois GTOŽ. We hope that you find this Site interesting and enjoyable.