Please read these terms of service ("Terms") before using the BradKeywell.com web site (the “Site”). By continuing to access, link to, or use the Site, or any service on the Site, you signify your acceptance of the Terms. Bradkeywell.com reserves the right to amend, remove, or add to the Terms at any time. Accordingly, please continue to review the Terms whenever accessing, linking to, or using this Site. Your access, link to, or use of the Site, or any service on the Site, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you may not access, link to, or use the Site. Any terms and conditions proposed by you that are in addition to or which conflict with the Terms are expressly rejected by Bradkeywell.com and shall be of no force or effect.
1. User Consent to the Terms
You represent that you have read, agree to, and are legally able to be bound by the Terms.
2. Intellectual Property
This Site, including but not limited to text, content, photographs, video, audio, and graphics (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by the Site and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Site and such others. You agree to protect the proprietary rights of the Site and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by the Site or its suppliers of content, equipment, services, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service. You agree to notify the Site in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and the Site, at all times be and remain the sole and exclusive property of the Site. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to the Site for its exclusive use. Except as specifically permitted by the Terms, you may not make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Site's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without the Site's prior written approval. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms.
3. Restrictions on Use
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TERMS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, DOWNLOAD, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT AS SET FORTH IN THE TERMS OR AS EXPLICITLY SPECIFIED IN THE SERVICE AND/OR YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE SITE'S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH THE SITE'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN OR TO ANY OF SUCH ITEMS.
4. Further Restrictions on Use.
(i) YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF THE SITE'S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU MAY USE THE SHARING FUNCTIONS SOLELY TO INFORM OTHERS ABOUT CONTENT ON THE SITE, AND YOU SHALL IMMEDIATELY CEASE USING THESE FUNCTIONS WITH REGARD TO RECIPIENTS WHO HAVE REQUESTED NOT TO RECEIVE SUCH INFORMATION. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE. (ii) WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SHARING FUNCTIONS, YOU SHALL (a) NOT UPLOAD, POST, SEND, OR OTHERWISE MAKE AVAILABLE ANY MESSAGE OR MATERIAL THAT IS UNLAWFUL, HARASSING, LIBELOUS, SLANDEROUS, OFFENSIVE, OBSCENE, HATEFUL, PORNOGRAPHIC, VIOLENT, INSULTING, THREATENING, ABUSIVE, MISLEADING, DECEPTIVE, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE; (b) NOT UPLOAD, POST, SEND, OR OTHERWISE MAKE AVAILABLE ANY COMMERCIAL, PROMOTIONAL, OR SOLICITATION INFORMATION; (c) REMAIN FRIENDLY AND CIVIL AND TREAT ALL USERS AND RECIPIENTS WITH RESPECT AND SINCERITY; (d) NOT UPLOAD, POST, SEND, OR OTHERWISE MAKE AVAILABLE MATERIAL THAT CONTAINS SOFTWARE VIRUSES, WORMS, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, INCLUDING BUT NOT LIMITED TO THOSE DESIGNED TO INTERRUPT, DESTROY, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER; (e) NOT IMPERSONATE ANY PERSON OR ENTITY, OR FALSELY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH A PERSON OR ENTITY; AND (f) NOT UPLOAD, POST, SEND, OR OTHERWISE MAKE AVAILABLE ANY MESSAGE OR MATERIAL THAT CONSTITUTES PERSONALLY IDENTIFIABLE INFORMATION OF ANOTHER PERSON.
If you submit material to this Site or to the Site or its representative, unless the Site indicates otherwise, you grant the Site, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant the Site and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Site and it partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns for all claims resulting from material you supply. the Site takes no responsibility and assumes no liability for any material submitted by you or any third party. the Site retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete any material submitted which the Site, in its sole discretion, deems illegal, offensive, abusive, in violation of the Terms, or otherwise inappropriate or unacceptable. Any material you submit to this Site or to the Site or its representative is not confidential or proprietary. If you disclose personal information on this Site, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond the control of the Site.
6. Linking And Framing
You may not link to the Site from any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
7. Disclaimer and Limitation of Liability
You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods, or advertisements are provided "AS IS" and “AS AVAILABLE” and that the Site makes no warranty of any kind, express or implied, as to the Service including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. The Site does not warrant that the Service is compatible with your equipment or that the Service will be free of errors. You agree that the Site and its partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of the Site and it partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against the Site; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by the Site. The Site is therefore not responsible for the availability, content, or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. the Site does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. the Site is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that the Site and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms. Anything to the contrary herein set forth notwithstanding, the Site and it partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not , directly or indirectly, be liable, in any way, to you or any other person for any: (d) inaccuracies or errors in or omissions from the Service; (e) delays, errors, or interruptions in the transmission or delivery of the Service; or (f) loss or damage therefrom or occasioned thereby, or by any reason of nonperformance.
TO THE MAXIMUM EXTENT ALLOWED BY LAW: UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE SITE AND ITS PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF THE SITE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS.
8. Your Representations and Warranties
You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) are at least thirteen (13) years old; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Site only as set forth in these Terms.
You agree, at your own expense, to indemnify, defend and hold harmless the Site and it partners, Suppliers, and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action or other proceeding, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's and expert's fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer; (v) any misrepresentation or breach of representation or warranty made by you contained herein; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. the Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Site in asserting any available defense.
(a) You may terminate the Terms, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service; (b) You agree that the Site, without notice, may terminate the Terms, or suspend your access to the Service, with or without cause at any time and effective immediately. The Terms will terminate immediately without notice from the Site if you, in the Site's sole discretion, fail to comply with any provision of the Terms; and (c) The Site shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the Terms by you or the Site, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of Illinois, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Chicago, Illinois with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
12. United States' Export Control & Foreign Asset Control Regulations
The Site does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service may be subject to United States export controls that prohibit downloading, exportation, or re-exportation: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List (together referred to as "U.S. Prohibited Party Lists"). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to a U.S. trade embargo, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
You accept that the Site has the right to change the content or technical specifications of any aspect of the Service at any time at the Site’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of the Site to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Sections 2 through 9, 10(c), and 11 through 13 shall survive any termination of the Terms. The section titles in the Terms are used solely for the convenience of you and the Site and have no legal or contractual significance. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force. The Terms and any other terms and conditions of service on this Site, and its successor, constitute the entire agreement between you and the Site and govern your use of the Service.