Website Terms and Condition of Use
These Terms and Conditions of Use constitute the entire agreement between you and Ricondo & Associates, Inc. (“Ricondo”), relating to the information on, and your use of, the websites at which these Terms and Conditions of Use are posted (“Websites”). By using our Websites, you are acknowledging your consent to these Terms and Conditions of Use. Do not use our Websites if you do not agree to the following Terms and Conditions of Use. Ricondo reserves the right to modify these Terms and Conditions of Use from time to time. These Terms and Conditions of Use should be read in conjunction with our online Privacy Policy.
Jurisdiction and Choice of Law
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to choice of law principles. You agree that jurisdiction and venue for any legal proceeding directly or indirectly arising out of or relating to our Websites shall be in the state or federal courts located in Cook County, Illinois.
Intellectual Property
Each of our Websites and its content, including art work, graphics, images, screen shots, text, music, digitally downloadable files, copyrights, trademarks, trade dress rights, logos, product and character names, slogans and the compilation of the foregoing (collectively, the “Content”) is the property of either Ricondo or its licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. Third-party content is used by Ricondo subject to license, or subject to the fair use provisions of U.S. trademark and/or copyright laws. You understand and agree that you may not use any Content or third-party content appearing at our Websites for any commercial purpose. Unauthorized use of any Content in any context is prohibited. Nothing contained herein shall be construed as conferring any license or right under any patent, copyright, or trademark of Ricondo.
Disclaimer of Warranties and Limitations of Liability
OUR WEBSITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. RICONDO HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN NO EVENT SHALL RICONDO BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF ANY OF OUR WEBSITES, THE INABILITY TO USE ANY OF OUR WEBSITES, AND/OR THE INFORMATION THAT ANY OF OUR WEBSITES CONTAIN, REGARDLESS OF WHETHER RICONDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RICONDO HAS NOT REVIEWED THE THIRD-PARTY WEBSITES THAT MAY BE LINKED TO ANY OF OUR WEBSITES AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY THIRD-PARTY WEBSITES LINKED TO ANY OF OUR WEBSITES. RICONDO DOES NOT WARRANT THAT OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES. RICONDO ALSO DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE RELATING TO OUR WEBSITES WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF ANY OF OUR THIRD-PARTY VENDORS, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITES’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL RICONDO’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RICONDO, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND THIRD-PARTY VENDORS FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, DEMANDS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY AND DEATH, REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF RICONDO, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF ANY OF OUR WEBSITES, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH OUR WEBSITES, (II) YOUR BREACH OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOR ON THE PART OF YOU OR YOUR DEPENDENTS, OR (III) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT OF ANY PERSON. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS[ OF USE.
Possible Errors and Changes
THE INFORMATION ON OUR WEBSITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. RICONDO RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION ON ANY OF OUR WEBSITES AT ANY TIME WITHOUT PRIOR NOTICE. RICONDO ALSO RESERVES THE RIGHT TO WITHDRAW ANY OF OUR WEBSITES OR ANY INFORMATION CONTAINED ON OUR WEBSITES FROM THE INTERNET AT ANY TIME WITHOUT PRIOR NOTICE. ANYONE USING ANY OF OUR WEBSITES OR THE INFORMATION THEY CONTAIN ASSUMES FULL RESPONSIBILITY OF ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF SUCH WEBSITES OR THE INFORMATION THEY CONTAIN.
Links to Other Websites
Our Websites may from time to time contain links to other third-party websites or other Internet information sources (“Third-Party Sources”). These links are provided as a convenience to visitors and do not constitute an affiliation with such Third-Party Sources or third parties. They are not an endorsement, sponsorship, or recommendation by Ricondo of, or make us responsible for: (i) the third parties, (ii) the linked Third-Party Sources, or (iii) any content, services, or products available on or through such Third-Party Sources.
Severability
In the event that any provision of these Terms and Conditions of Use shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the remainder of these Terms and Conditions of Use shall not be affected in any way thereby.
Conditions of Use, Notices and Changes
From time to time, our internal processes may change, or we may offer new or altered features at our Websites. If appropriate, we will revise these Terms and Conditions of Use or our Privacy Policy. We reserve the right, to the fullest extent permitted by law, to amend either these Terms and Conditions of Use or our Privacy Policy at any time without notice to you other than the posting of an amended Terms and Conditions of Use or Privacy Policy at our Websites. We encourage you to return to this area to read the most recent version of our Terms and Conditions of Use and Privacy Policy. The personal information you provide on our Websites will be treated in compliance with the Privacy Policy in effect as of the date you provide your personal information to us. However, if we alter our practices in a manner that will affect the treatment of the personal information you have already provided, we will attempt to provide visitors who have registered on our Websites with notice of our new Privacy Policy via e-mail.