ILspeed.com - Terms of Service
Your use of this Web site is expressly conditioned
on your acceptance of the following terms of service.
If you do not agree with any part of the following
terms of service, you must not use this site. Use
by you of this site indicates your agreement to the
following terms of service. These terms of service
shall apply regardless of the means by which the site
was accessed, including, but not limited to, through
the URL address http://www.ilspeed.com, electronic
mail, or links from another site.
1. OWNERSHIP. Wrenchlist, Inc., including its successors,
affiliates and assigns now existing or hereafter organized
(collectively, "Wrenchlist") is the owner
of all copyrights, trade secrets, patents or other
intellectual property rights in this web site and/or
each of its computer software modules, except for
the portions that may be owned by Wrenchlist's various
third party providers and distributors. Wrenchlist
does not waive any of its proprietary rights therein,
including but not limited to copyrights, trademarks,
and other intellectual property rights. You may not
disassemble, decompile, reverse engineer or otherwise
derive source code from the software, reproduce, distribute,
publish, license, modify, create derivative works
from, transfer, sell, rent or lease any information,
software products or services obtained from this site
without the express written permission of Wrenchlist
and/or its third party providers and distributors
as may be designed by Wrenchlist from time to time,
except the reasonable copying or printing of the contents
for individual, non-commercial use where permitted
by law. The availability of any contents through this
web site shall not constitute a transfer of any copyrights,
trademarks, or other intellectual property rights
of Wrenchlist to any web site user or any third party.
This web site and its contents are protected by U.S.
and international copyright laws, both as individual
works and as a compilation. You may not delete any
copyright or similar notice from any contents you
obtain from this web site.
2. AGE AND RESPONSIBILITY. You represent and warrant
that you are of sufficient legal age and capacity
to use this site and to create binding legal obligations
for any liability you may incur as a result of the
use of this site. You agree to be financially responsible
for all of your use of this web. You agree to supervise
all usage by minors of this web site under your name
or account. You agree to abide by the terms or conditions
of purchase imposed by any supplier with whom you
elect to deal. You shall be completely responsible
for all charges, fees, duties, taxes, and assessments
arising out of the use of this web site.
3. EXCLUSION OF WARRANTY. ALTHOUGH WRENCHLIST HAS
TRIED TO PROVIDE ACCURATE AND TIMELY INFORMATION,
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. THE INFORMATION HEREIN IS
CHANGED PERIODICALLY. WRENCHLIST AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO
THIS WEB SITE WITHOUT NOTICE AT ANY TIME. WRENCHLIST
AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY
OF ANY KIND.
WRENCHLIST AND/OR ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS
HEREBY DISCLAIM ALL WARRANTIES OF SERVICE WITH REGARD
TO THIS INFORMATION, SOFTWARE PRODUCTS, AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES OF SERVICE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL WRENCHLIST AND/OR ITS THIRD PARTY
PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY
TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE
PRODUCTS AND SERVICES OBTAINED OR PROPOSED TO BE OBTAINED
THROUGH THIS WEB SITE, INCLUDING, BUT NOT LIMITED
TO, ANY USE OF OR INABILITY TO USE ANY DATA IN THIS
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS
WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF WRENCHLIST AND/OR
ITS THIRD PARTY PROVIDERS AND DISTRIBUTORS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, HOWEVER, DESPITE THE EXCLUSIONS CONTAINED IN THIS
PARAGRAPH, WRENCHLIST AND/OR ITS THIRD PARTY PROVIDERS
AND DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS
OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED
WITH ANY OF THE FUNCTIONS OR USES OF THIS WEB SITE,
THE LIABILITY OF WRENCHLIST AND/OR ITS THIRD PARTY
PROVIDERS AND DISTRIBUTORS SHALL NOT EXCEED THE AMOUNT
OF ANY SUBSCRIPTION FEES AND/OR SERVICE CHARGES PAID
BY CLAIMANT TO WRENCHLIST FOR THE SERVICES AND/OR
DATE WITH RESPECT TO WHICH LIABILITY IS FOUND.
4. LINKS TO THIRD-PARTY SITES. This web site may
contain hyperlinks to web sites operated by parties
other than Wrenchlist Such hyperlinks are provided
for your reference only. Wrenchlist does not control
such web sites and is not responsible for their contents.
Wrenchlist's inclusion of hyperlinks to such web sites
does not imply any endorsement of the material on
such web sites or any association with their operators.
Links to this web site are not permitted without
the express written consent of Wrenchlist
5. SECURITY. Messages that you send to us by e-mail
may not be secure. If you have confidentiality or
other privacy concerns, we recommend that you do not
send any confidential information to us by e-mail.
If you choose to send any confidential information
to us via e-mail, you accept the risk that this information
may be intercepted by a third party.
6. USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS
FORUMS. If this web site contains bulletin boards,
chat rooms, or other message or communication facilities
(collectively "Forums"), you agree to use
the Forums only to send and receive messages and material
that are proper and related to the particular Forum.
By way of example, and not as a limitation, you agree
that when using a Forum, you shall not do any of the
following: • Defame, abuse, harass, stalk, threaten,
or otherwise violate the legal rights (such as rights
of privacy and publicity) of others. • Publish, post,
distribute, or disseminate any defamatory, infringing,
obscene, pornographic, sexual, indecent, or unlawful
material or information. • Upload or otherwise transfer
files that contain software or other material protected
by intellectual property laws (or by rights of privacy
or publicity) unless you own or control the rights
thereto or have received all necessary consents. •
Upload or otherwise transfer files that contain viruses,
corrupted files, or any other similar software or
programs that may damage the operation of another's
computer. • Delete any author attributions, legal
notices, or proprietary designations or labels in
any file that is uploaded. • Falsify the origin or
source of software or other material contained in
a file that is uploaded. • Advertise or offer to sell
any goods or services, or conduct or forward surveys,
contests, or chain letters. • Download any file posted
by another user of a Forum that you know, or reasonably
should know, cannot be legally distributed in such
manner.
You acknowledge that all Forums are public and not
private communications. Further, you acknowledge that
chats, postings, conferences, and other communications
by other users are not endorsed by Wrenchlist, and
such communications shall not be considered reviewed,
screened, or approved by Wrenchlist Wrenchlist reserves
the right, for any reason, to remove without notice
any contents of the Forums received from users, including
without limitation bulletin board postings. Wrenchlist
reserves the right to deny, in its sole discretion,
any user access to this web site or any portion thereof
without notice.
7. SOFTWARE AVAILABLE ON THIS WEB SITE. The copyright
for any software that is made available to download
from this web site ("Software") is owned
by Wrenchlist and/or its third party providers and
distributors. Your use of the Software is governed
by the terms of the end user license agreement, if
any, which accompanies or is included with the Software
("License Agreement"). You may not install
or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the
License Agreement terms.
For any Software not accompanied by a License Agreement,
Wrenchlist hereby grants to you, the user, a personal,
nontransferable license to use the Software for viewing
and otherwise using this web site in accordance with
the terms of service set forth herein and for no other
purpose.
Please note that all Software, including without
limitation all HTML code and Active X controls contained
in this web site, is owned by Wrenchlist and/or its
third party providers and distributors and is protected
by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software
is expressly prohibited by law and may result in severe
civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTIED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying
documentation and/or technical information is subject
to applicable export control laws and regulations
of the U.S.A. You agree not to export or reexport
the Software, directly or indirectly, to any countries
that are subject to U.S.A. export restrictions.
8. INDEMNIFICATION. You shall defend and indemnify
Wrenchlist and its third party providers and distributors
from and against any claim or cause of action brought
by you or on your behalf in excess of the liability
described herein or by third parties as a result of
your use of this web site.
9. RELATIONSHIP. The relationship among Wrenchlist,
its third party providers and distributors and you
will be that of independent contractors, and neither
of us nor any of our respective officers, agents or
employees will be held or construed to be partners,
joint ventures, fiduciaries, employees or agents of
the other.
10. GOVERNING LAW. This Agreement and its performance
shall be governed by the laws of the state of Illinois,
United States of America without giving effect to
applicable conflict of law provisions. You consent
and submit to the exclusive jurisdiction of the state
and federal courts located in Cook County, the State
of Illinois, United States of America, in all questions
and controversies arising out of your use of this
web site and this Agreement.
Wrenchlist controls and maintains this site from
the United States of America and makes no representation
that materials are appropriate or available for use
in other locations. If visitors use this site from
other locations, visitors are responsible for compliance
with applicable local laws.
11. ASSIGNMENT. You may not assign, convey, subcontract
or delegate your rights, duties or obligations hereunder.
12. MODIFICATION. Wrenchlist may modify these terms
of service at any time and your continued use of this
site will be conditioned upon the terms of service
in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms of service
may apply to purchases of goods and services and other
uses of portions of this web site, and you agree to
abide by such other terms of service.
14. SEVERABILITY. These terms of service shall be
deemed severable. In the event that any provision
is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination
shall not affect the validity and enforceability for
any other remaining provisions.
15. GRAPHICS. Graphics used throughout the website
are the sole property of Wrenchlist
16. HEADINGS. The heading used in these Terms of
service are included for convenience only and will
not limit or otherwise affect these Terms of service.
17. ENTIRE AGREEMENT. The terms of service set forth
above constitute the entire agreement between us relating
to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended
or modified except in writing.