IMPORTANT LEGAL NOTICE TO ALL USERS OF THE WEB SITE
EnnisKnupp Web Site Terms and Conditions
This EnnisKnupp Web site (“Web Site”) is comprised of various Web pages operated by Ennis Knupp + Associates (“EnnisKnupp”). IMPORTANT – READ CAREFULLY: The Web Site is made available to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. These Terms and Conditions are a legal contract between you (either an individual or a single business entity) and EnnisKnupp Web Site (“Sponsor”) for the use of the Web Sit, which includes computer software and, as applicable, associated media, printed materials, and “online” or electronic documentation (collectively, the “Service”). EnnisKnupp has no obligation to update any information or content on the Web Site, and such information or content may be out of date at any given time. EnnisKnupp may also cease publishing any information or content and/or make improvements and changes in the information or content contained in the Web Site at any time without prior notice. EnnisKnupp may modify these terms and conditions at any time, and such changes will be effective when posted on the Web Site. Please contact us for complete and up-to-date information on our products and services.
BY CLICKING THE ACCEPTED ICON BELOW, OR BY REGISTERING FOR USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT INSTALL OR USE THIS APPLICATION OR THE SERVICES AND EXIT NOW.
Limited Use
The Web Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or instrument or to participate in any particular trading strategy which may be referenced herein. The information provided on the Web Site is not intended to constitute legal, investment, accounting, financial or tax advice. Many factors unknown to EnnisKnupp may affect the applicability of any statement or comment made on the Web Site to your particular circumstances. You should consult with EnnisKnupp or your professional advisers before acting on any information provided herein. All products and services of EnnisKnupp are subject to the terms of their applicable agreements.
EnnisKnupp grants to you its limited permission to display on your computer, print, download and use for non-commercial, personal, or educational purposes only, the underlying HTML, text, images, audio clips, video clips, software and other content available on the Web Site. No other use is permitted. The content in the Web Site may not otherwise be modified, copied, reproduced, transmitted, displayed onto your or any other person’s web page by framing or similar means, downloaded, uploaded, posted, distributed, rented, licensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without EnnisKnupp’s prior written consent. You agree to include with and display on each copy of such content the associated copyright notice and this intellectual property notice.
Modification of These Terms of Use
EnnisKnupp reserves the right to change the terms, conditions, and notices under which the Web Site is provided, including but not limited to the charges associated with the use of the Web Site.
Links to Third Party Sites
Links to other web sites are provided as Internet navigation tools only. These other web sites contain information created, published, maintained, or otherwise posted by persons or entities independent of EnnisKnupp. EnnisKnupp does not control these web sites, and does not guarantee the content, accuracy, completeness or timeliness of their information. The owners/operators of these web sites do not necessarily endorse EnnisKnupp products or services, nor are they responsible for the content of the Web Site. Links to other web sites, or references to products, services or publications other than those of EnnisKnupp on the Web Site, does not constitute or imply an endorsement, recommendation, or favoring of such web sites, products, services or publications by EnnisKnupp. EnnisKnupp accepts no responsibility for the content, products and/or services provided at any other web sites.
No Unlawful or Prohibited Use
As a condition of your use of the Web Site, you warrant to EnnisKnupp that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
Use of Communication Services
The Web Site may, but is not obligated to, contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. We reserve the right to deactivate or suspend use of services if found or reasonably suspected to involve or facilitate illegal, abusive or unethical activities. Such activities include pornography, obscenity, nudity, violations of law or privacy, hacking, computer viruses, gambling, or any harassing or harmful materials or uses.
EnnisKnupp has no obligation to monitor the Communication Services. However, EnnisKnupp reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EnnisKnupp reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. EnnisKnupp reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EnnisKnupp ’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EnnisKnupp does not control or endorse the content, messages or information found in any Communication Service and, therefore, EnnisKnupp specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EnnisKnupp spokespersons, and their views do not necessarily reflect those of EnnisKnupp. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to EnnisKnupp or posted at any EnnisKnupp Web Site
EnnisKnupp does not claim ownership of the materials you provide to EnnisKnupp (including feedback and suggestions) or post, upload, input or submit to any EnnisKnupp Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting EnnisKnupp , its affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. No compensation will be paid with respect to the use of your Submissions, as provided herein. EnnisKnupp is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in EnnisKnupp ’s sole discretion. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENNISKNUPP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ENNISKNUPP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENNISKNUPP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENNISKNUPP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENNISKNUPP OR ANY OF ITS SUPPLIERS 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 YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Termination/Access Restriction
EnnisKnupp reserves the right, in its sole discretion, to terminate your access to the EnnisKnupp Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EnnisKnupp as a result of this agreement or use of the Web Site. EnnisKnupp ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EnnisKnupp ’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EnnisKnupp Web Site or information provided to or gathered by EnnisKnupp with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EnnisKnupp with respect to the EnnisKnupp Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EnnisKnupp with respect to the EnnisKnupp Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Intellectual Property Rights
EnnisKnupp either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content that is made available the Web Site, or has obtained the permission of the owner of the intellectual property in such content to use the content on the Web Site. You should also assume that everything you see or read on the Web Site is copyrighted unless otherwise noted, and may not be used except as provided in these terms and conditions (or the text on the Web Site) without the prior written permission of EnnisKnupp. Any rights not expressly granted herein are reserved by EnnisKnupp. You may not reproduce, copy, or redistribute the design, layout or individual elements of the Web Site design without the express written permission of EnnisKnupp. All contents of the EnnisKnupp Web Site are: Copyright © 2009 EnnisKnupp and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.