Last updated on: February 1, 2017
Aggrego Services, LLC (d/b/a AGGREGO) (the “Company” or “we” or “our” or “us”) operates this web site and/or mobile services (the “Property”). Your use of the Property is subject to these Terms and you agree to these Terms by accessing the Property or accepting any information from the Property. We reserve the right in our sole discretion to change these Terms. We will post changes here, so check back periodically. Your continued use of the Property after the posting of any change in the Terms shall constitute your renewed agreement to be bound by any such changes. If at any time you do not accept these changes, you must immediately discontinue use of the Property.
The information, features and other content included in the Property have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to the Property, you assume the risk that the information on the Property may be incomplete, inaccurate, out of date or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in the Property at any time, without notice and without liability. The Property is to be used solely for your noncommercial, non-exclusive and limited personal use.
YOU MAY NOT USE THE PROPERTY FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO THE PROPERTY MAY BE TERMINATED IMMEDIATELY IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.
The Property and all of the information it contains, or may in the future contain, such as articles, opinions, other text, photographs, graphic material, artwork, illustrations, digital still images, digital video and audio clips, databases, compilations and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property on the Property (collectively, the “Aggrego Content”) is, as between you and Company, owned by Company, its partners or its licensors and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
Other than as explicitly set forth in the immediately preceding paragraph, nothing contained in these Terms or on the Property or in any communication from the Property or Company should or will be construed as granting, by implication, estoppel or otherwise, any license or right to use any Aggrego Content in any manner without the prior written consent of Company or such third party that may own the Aggrego Content displayed on the Property. ANY UNAUTHORIZED USE OF ANY OF THE AGGREGO CONTENT IS STRICTLY PROHIBITED.
As a user of the Property, you agree that you will not:
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; and (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
We respect the intellectual property of others and we ask that our users to do the same. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512, we have designated a copyright agent to receive notice of claims of copyright infringement on the Property. Our copyright agent is Idalmy Carrera-Colucci, who may be reached by telephone at (312) 702-8770, by email at email@example.com by postal mail at 350 N. Orleans, 10-S, Chicago, Illinois 60654.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Property are covered by a single notification, a representative list of such works at that Property; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Associated Press (“AP”) text, photo, graphic, audio and/or video material (“AP Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Company and its parent company(ies) and its and their subsidiaries, divisions, affiliates, directors, officers, partners, agents, members, and assigns (the “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Property. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Company Affiliates. The information and opinions expressed in postings on the Property are not necessarily those of Company or its content providers, advertisers, sponsors, affiliated or related entities, and Company makes no representations or warranties regarding that information or those opinions. Company does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others.
The Internet may be subject to breaches of security. Company and the Company Affiliates are not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing the Property, Company or the Company Affiliates any information. Company and the Company Affiliates make no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Property. The Property may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE PROPERTY AND THE AGGREGO CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. COMPANY AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PROPERTY AND THE AGGREGO CONTENT.
YOU AGREE THAT COMPANY AND THE COMPANY AFFILIATES ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (COLLECTIVELY, “DAMAGES”) RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (I) THE PROPERTY, OR THE AGGREGO CONTENT; (II) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE PROPERTY; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY, LAW ENFORCEMENT OR OTHER AUTHORITIES REGARDING YOUR USE OF THE PROPERTY OR THE AGGREGO CONTENT; OR (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS, EVEN IF COMPANY OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE PROPERTY OR ITS RELATED INFORMATION OR PROGRAMS.
THE PROPERTY CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PROPERTY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER COMPANY NOR THE COMPANY AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE COMPANY AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
BY ACCESSING THE PROPERTY OR ACCEPTING ANY INFORMATION FROM THE PROPERTY, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; OR (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PROPERTY OR THE AGGREGO CONTENT. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
Third party advertisers may offer goods, services and other materials to you on the Property. Your correspondence and business dealings with advertisers found on or through the Property including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services and other materials on the Property.
Descriptions of, or references to, products or publications within the Property do not imply endorsement of that product or publication.
Your dealings or communications through the Property with any party other than Company are solely between you and that third party. Under no circumstances will the Property, Company and/or the Company Affiliates be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Any software that is made available to view and/or download in connection with the Property (“Software”), including, without limitation, podcasts, audio streaming, or video streaming, is owned or controlled by Company and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by these Terms and the terms of the end user license agreement, if any, which accompanies or is included with the Software. Company accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Company will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Property and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right to modify or discontinue the Property, or any portion thereof, without notice to you or any third party. Upon termination of your access to the Property, or upon demand by Company, you must destroy all materials obtained from the Property and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you.
Notwithstanding any term of these Terms, Company reserves the right, without notice and in its sole discretion, to discontinue or terminate any of the Property, to terminate your license to use the Property, and to restrict, block, limit, and prevent your access to and use of the Property. Any termination or other action by Company described in this paragraph will not limit any other remedies Company may have against you at law or equity.
You and Company are independent contractors for all purposes. No agency, partnership, join venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms or by your access to or use of the Property. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
The failure of Company to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
This agreement is governed by the laws of the State of Illinois, USA, excluding conflicts of law principles. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
These Terms, including all terms, policies, and guidelines referenced in these Terms, is the entire agreement between you and Company concerning the Property. These Terms constitute the entire agreement between you and Company regarding the use of the Site and your account. These Terms supersede all prior agreements or communications between you and Company regarding the subject matter of these Terms. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
For questions or comments regarding these Terms and/or the Property please contact firstname.lastname@example.org.