Restrictions on Use
USER may not upload, post, e-mail, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable. WE will fully cooperate with any law enforcement authorities or court order requesting or directing US to disclose the identity of anyone posting such materials.
Ownership and Intellectual Property Rights
This site contains material that is owned or licensed by Albert Whitman and Company. You may not display, remove, add to, publish, transmit, license, decompile, reverse, download, copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.
License to Albert Whitman and Company
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with US through OUR Web site (a “Communication”), you are granting Albert Whitman and Company a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.
Links to Other Web Sites
Links to third-party websites and the Content reflected on OUR site from third parties are provided as a convenience to the USER and does not imply OUR endorsement, affiliation, sponsorship, approval of products, companies, content of publications, accuracy or completeness thereof or merchantability or fitness for a particular purpose of these third-party websites (“Endorsement”). WE provide these links for the USER in good faith and without warranty of any kind. These terms and conditions apply solely to the Albert Whitman and Company site and you should always review the terms and conditions of any site that you access through a link from this site. WE assume no liability for any damages USER may suffer from visiting such linked websites, including, without limitation, viruses or other destructive/ disruptive code, which may be downloaded from such linked websites, and the completeness and accuracy of any information included on sites to which the Site is linked.
Limitation of Liability
USER ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SITE IS AT USER’S OWN RISK. ALL PRODUCTS, MATERIALS, AND CONTENT PROVIDED ON THE SITE ARE PROVIDED ON AS “AS IS” BASIS WITHOUT WARRANT OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED OR STATUORY, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DAMAGES FO ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE INCLUDING BY NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM THE USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE. WE DO NOT WARRANT THAT THE SERVICES AND CONTENT ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR FREE, THAT RELIANCE ON CONTENT OBTAINED FROM SITE OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT SUCH ERRORS OR DEFECTS WILL BE FIXED. ALBERT WHITMAN AND COMPANY RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.
USER agrees to defend, indemnify and hold Albert Whitman and Company and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. WE shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
This agreement may be terminated by Albert Whitman and Company at any time without notice. In the event of termination, USER is no longer authorized to have access to the site, and all limitations on OUR liability and on USER’s use of Albert Whitman and Company’s material shall survive.
This agreement shall be governed by the laws of the State of Illinois without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of Illinois. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.