TERMS AND CONDITIONS
- The Service
Illinois Preps Insider (the “Company”), owns and operates www.ilprepsinsider.com (“ILPrep”, “us” or “we”), the website for Illinois high school sports. The services offered by ILPrep include any ILPrep-branded URL (the “Websites”), ILPrep articles, photos, and any other features, content, or applications offered from time to time by ILPrep in connection with ILPrep’ business (the “Service” or the “Services”).
By accessing and/or using the Websites, you agree to be bound by this Agreement, including any amendment hereto. You are authorized to use the Website (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and these Terms and Conditions. Your use of the Website constitutes acceptances of these Terms and Conditions, including any amendments hereto. You may use and access the Website only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Website. This Agreement is subject to change by ILPrep at any time without prior notice to users. Your use of the Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. You affirm that you have read this document and understand, agree and consent to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not enter the Website, you must exit the Website immediately, and you may not use or access the Website.
The Services contain Content of ILPrep (“ILPrep Content”), which includes, but is not limited to text, files, images, photos, video, sounds, logos, works of authorship, applications, or any other materials developed, created or owned by ILPrep. ILPrep Content is protected by copyright, trademark, patent, trade secret and other laws, and ILPrep owns and retains all rights in the ILPrep Content and the Services. ILPrep hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the ILPrep Content (excluding any software code) solely for your personal use in connection with viewing the ILPrep Website and using the Services, provided, however, that you cite the source of such information. Your failure to cite ILPrep as the source constitutes a violation of the License herein set forth, for which we may terminate your license. Further, all photographs used must include a link to the original article, including the photographer’s name.
- Use Restrictions.
Without the express prior written authorization of ILPrep, you may not: (a) remove any copyright or other proprietary notices from the Website or any of the Materials contained therein other than as set forth above; (b) frame or utilize any framing techniques in connection with the Website or any of the Materials contained therein; (c) use any meta-tags or any other “hidden text” using ILPrep’ name or marks; (d) circumvent any encryption or other security tools used anywhere on the Website; (e) use any data mining, robots or similar data gathering and extraction tools on the Website; or (f) where comments are allowed, use the Website to post (i) hate speech of any kind, (ii) unwanted commercial content or spam, or (iii) derogatory, harassing or comments which bully others.
The Services contain Content of Users and other ILPrep’ licensors, and except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Services.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Website or the Services and will remain in effect in perpetuity unless terminated hereunder.
- Disclaimer of Warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ILPREP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ILPREP DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, AND ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. ILPREP DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE. FURTHERMORE, AS THIRD PARTIES WILL PROVIDE THE ACTUAL SERVICES REQUESTED, ILPREP CANNOT GUARANTEE OR WARRANT ANY RESULTS PROVIDED BY, OR TO BE PROVIDED BY, THIRD PARTIES.
- Third-Party Content and Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ILPrep, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ILPREP DOES NOT: (A) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE OR (B) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ILPREP. UNDER NO CIRCUMSTANCES WILL ILPREP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY USERS, AND YOU AGREE TO RELEASE THE COMPANY AND ITS OWNERS FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELIANCE ON SUCH INFORMATION.
- Limitation of Liability.
a. Incidental Damages and Aggregate Liability.
IN NO EVENT WILL ILPREP BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICE, EVEN IF ILPREP KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ILPREP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE AMOUNT OF U.S. $25.00.
b. No Liability for non-ILPrep Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ILPREP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY OF THE SERVICES, AND/OR YOUR COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES.
- Governing Law.
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Illinois, excluding its conflict of law provisions. ILPrep and you (singularly, a “party”; collectively, the “parties”) agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Illinois, located in Chicago, Cook County, Illinois. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Chicago, Cook County, Illinois, and you waive any and all rights to contest, object to or transfer venue of any such action brought by or against you.
- Rights to Injunctive Relief.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
You agree to indemnify and hold ILPrep, its directors, officers, shareholders, agents, insurers, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, actual attorneys’ fees, made by any third party due to or arising out of your use of the ILPrep Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the ILPrep Service.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part by you without the prior written consent of ILPrep, which ILPrep may grant or withhold in its sole discretion.
If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- No Waiver.
Failure by either party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party.
- Complete Agreement.
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Website and the Materials contained therein, and your membership with the Website, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
- Relationship Between the Parties.
Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, or agency relationship between the parties. You shall have no right or authority to bind ILPrep to any contract or obligation whatsoever.
Section and subsection headings of these Terms and Conditions are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
- Force Majeure.
ILPrep shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay ILPrep’s performance.
These Terms and Conditions were last revised on January 1, 2017.