A&R SCREENING's TERMS OF SERVICE
By using the Portal, you agree to these conditions. Please read them carefully.
All content included in or made available through the Portal, such as text, graphics, logos, button icons, images, data compilations, and software is the property of A&R and protected by United States and international copyright laws. The complications of all content included in or made available through the Portal are the exclusive property of A&R and protected by the aforementioned copyright laws. You agree that you will not claim ownership of the Portal, modified or unmodified. All products and services remain the property of A&R.
2. PROPRIETARY RIGHTS
You acknowledge and agree that the Portal and any necessary software used in connection with the Portal (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. A&R grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by A&R as part of the Portal, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, attempt to extract the source code of the Software or otherwise sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor use modified versions of the Software. You further agree not to access the Portal by any means other than through the interface that is provided by A&R for use in accessing the Portal. A&R may suspend or stop providing our Portal to you if you do not comply with our TOS or if we are investigating suspected misconduct.
A&R may add or remove functionalities or features of the Portal, and may also suspend or discontinue, temporarily or permanently the Portal or any service to which it connects, with or without notice and without liability to you.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A&R is providing the Portal “as is.”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY A&R, A&R MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL A&R BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE PORTAL, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF A&R OR ANY OTHER PARTY, EVEN IF A&R IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS A&R’s ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
5. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 4 MAY NOT APPLY TO YOU.
You agree to indemnify and hold A&R and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any and all claims, demands, losses, liabilities, damages, and expenses (including attorney’s fees) arising out of or in connection with the Portal, your violation of the TOS, or your violation of any rights of another.
If any provision of this TOS is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of the TOS shall continue in full force and effect.
8. GENERAL INFORMATION
You and A&R each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and A&R, shall be brought exclusively in the courts located in Cook County, Illinois or the U.S. District Court for the Northern District of Illinois. You and A&R agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The failure of A&R to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. *
* This provision shall apply except in instances where the parties have previously entered into a binding agreement providing that the law of a different state shall govern the relationship between those parties and those parties exclusively.