3. Website Security. You acknowledge and agree that you will not violate, or attempt to violate, the security of the Website. Accordingly, you agree that you will not (i) access any data or materials located on the Website which, by their nature, are not reasonably intended for your use or access, (ii) log into any server or user account associated with the Website which you are not authorized to access, (iii) transmit or relay through the Website or any associated server any spam or other broadly disseminated unsolicited e-mail, or use the Website or any associated server to “spoof” or otherwise disguise or conceal the identity of the party originating any e-mail, (iv) use the Website for any fraudulent or illegal purpose, (v) use the Website or any associated server to e-mail, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortious, libelous, harrassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, (vi) probe, scan or test the Website or any associated server, or attempt to probe, scan or test the Website or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or (vii) interfere with, or attempt to interfere with, any third party’s use of the Website or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Website or any associated server or network, and any effort to crash or disrupt the Website or any associated server or network by means of a volume of service requests in excess of the capacity of the Website or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. Weigel reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.
4. Restriction on Spidering. Weigel strictly prohibits the use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Website or any of the pages of the Website. Any such use constitutes an infringement upon the intellectual property rights of Weigel and its licensors. Accordingly, you acknowledge and agree that you shall not engage in any such conduct.
6. Disclaimer of Submission Content. You agree and understand that by using the Website, you will be exposed to Submissions from a variety of sources, and that Weigel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Weigel with respect thereto, and agree to indemnify and hold Weigel harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
7. Copyrights and Trademarks. All content, materials, images and other copyrightable material on the Website, including without limitation text, graphics, button icons, audioclips and software, are the property of Weigel, its sponsors or business affiliates, and their respective licensors, and are subject to U.S. and international copyright laws. Except to the extent expressly permitted under applicable copyright law, no copying or exploitation of the material from the Website is permitted without the express written permission of Weigel. You acknowledge that you do not acquire any ownership rights in any of such copyrightable material by virtue of having downloaded such material from the Website. All copyrights not expressly granted hereunder are expressly reserved to Weigel. All trademarks, service marks, logos and trade names used on this Website are proprietary to Weigel or other respective owners that have granted Weigel a right and license for such use, and are protected by U.S. and international trademark laws. In countries where any of the trademarks, service marks, logos and trade names used on this Website are not registered, Weigel claims other rights associated with unregistered trademarks, service marks, logos and trade names. No user of this Website is granted any rights to such trademarks, service marks, logos or trade names.
8. CERTAIN DISCLAIMERS. ACCESS TO THE WEBSITE, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS. ACCORDINGLY, WEIGEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE MATERIALS, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. WEIGEL DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED AT THE WEBSITE WILL BE ENTIRELY ACCURATE OR RELIABLE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEIGEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE WEBSITE BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN ADDTION, WHILE WEIGEL ENDEAVORS TO PROTECT THIS WEBSITE FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, WEIGEL CAN NOT PROVIDE ANY ASSURANCE THAT THE WEBSITE WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS WEBSITE ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THIS WEBSITE EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD WEIGEL HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE AT THIS WEBSITE.
9. ENDORSEMENT DISCLAIMER. THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY WEIGEL. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THIS WEBSITE, AND SHOULD NOT BE CONSTRUED AS WEIGEL’S SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED WEBSITE. WEIGEL DOES NOT MONITOR THE CONTENT OF ANY SUCH WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES. ACCORDINGLY, USERS OF THIS WEBSITE USE SUCH LINKS AT THEIR OWN RISK.
12. Procedure for Making Claims of Copyright Infringement. If you believe that you have a claim of copyright infringement based upon any material accessible on or through this Website, notice of such claim should be submitted in writing to Weigel’s designated copyright agent as follows:
Bruce A. Fox Neal, Gerber & Eisenberg LLP
2 N. LaSalle Street, Suite 2200
Chicago, Illinois 60602