Insights in Marketing Terms of Use

Terms of Use Agreement

Last Updated June 18, 2020

NOTE THAT THESE TERMS OF USE CONTAIN A LIMITATION OF OUR LIABILITY.

This website (accessible through the domains insightsinmarketing.com or iimchicago.com) (the “Website”), is owned and operated by Insights in Marketing, LLC, an Illinois limited liability company (“IIM”). This Agreement is a legal contract between you and IIM and applies to your use of the Website, including any information and materials therein. By accessing all or any part of the Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use the Website except as expressly provided in this Agreement. If you do not agree to this Terms of Use Agreement, you should not access or use the Website.

Copyright

This Website is the property of IIM and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All IIM product or service names or logos appearing on the Website are either trademarks or registered trademarks of IIM and/or its affiliates. IIM does not, and will not, waive any of its trademark or other intellectual property rights concerning any such name or logo unless such waiver is in writing signed by IIM. All other product or service names or logos are trademarks or registered trademarks of their respective owners, are used by IIM with permission, and may not be used by anyone else without consent from such owners. IIM does not grant you permission to use such other parties’ product or service names or logos.

No part of the Website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that IIM authorizes you to view, copy, download, and print IIM documents (such as case studies, infographics, and e-books) that are available on the Website, subject to the following conditions:

• The documents may be used solely for noncommercial, informational purposes only.
• The documents may not be modified.
• Copyright, trademark, and other proprietary notices may not be removed.

You may also provide a link to the Website without limitation, but you may nor provide any of the Website’s content or materials on another website (by copying, framing, embedding or otherwise) without IIM’s prior written approval.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any materials displayed or accessible on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of IIM or such third party that may own the copyright of or other rights to the material displayed on the Website.

No Warranty

Your use of the Website is at your own risk. IIM does not warrant the accuracy or timeliness of the information and materials contained on the Website. IIM has no liability for any loss of, or errors or omissions, whether provided by IIM our licensors or suppliers or other users.

The information and materials contained on the Website, including text, graphics, links or other items, are provided “as is” and “as available.” IIM does not warrant the accuracy, adequacy, timeliness, or completeness of this information, materials, or the Website’s safety and security, and expressly disclaim liability for errors, omissions or other defects, or delays or interruptions in this information and materials, and the Website’s interoperability, unavailability, or security vulnerabilities. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

The Website may contain links to third-party websites (“Linked Sites”). Such Linked Sites are not under IIM’s control, and IIM is not responsible for their content, security, functionality or any other information, product or service offered on any Linked Site. Inclusion of a link to a Linked Site is not an indication of any partnership, affiliation endorsement or any other relationship between IIM and the Linked Site or its owner. For the terms of use and other policies pertaining to the Linked Sites you should review the terms of use and policies posted on the Linked Sites.

Disclaimers
IIM may alter, suspend, or discontinue the Website at any time for any reason, without notice or cost. The Website may become unavailable due to maintenance or malfunction of computer equipment or other reasons and IIM shall not be liable for any damage caused by such unavailability.

Indemnity
By using the Website, you agree to indemnify, hold harmless and defend IIM and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based, either directly or indirectly, on your use of the Website or the information herein, or your violation of this Agreement or the rights of others, or your termination of access to the Website. The information on the Website is provided with the understanding that IIM providing such information does not constitute the rendering of professional advice or services.

LIMITATION ON IIM’S LIABILITY
BECAUSE THE AMOUNT OF DAMAGES FOR YOUR USE OF THE WEBSITE IS UNCERTAIN AND NOT EASILY QUANTIFIABLE, IIM’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER AS A RESULT OF A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE OR PASSIVE) OR ANY OTHER CAUSE OF ACTION AT LAW OR IN EQUITY, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN FIFTY (US $50) DOLLARS.

IN ADDITION, IIM WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.

Acceptable Use
You may not use the Website to:

1. Violating or attempting to violate the security of the Website in any way, including, but not limited to, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
2. Transmit via or through the Website any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which IIM considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
3. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
4. Display material that exploits children under 18 years of age;
5. Impersonate any other person;
6. Intentionally or unintentionally violate any applicable local, state, national international or foreign law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
7. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of content or barring access to the Website. The final decision of whether any information, code or other material is in violation of any of these policies is at the sole discretion of IIM. You agree that violations by you, or any person or entity acting on your behalf, of the terms of this Agreement will entitle IIM, in addition to any other remedies including referral for criminal prosecution, to remove any content, code or other material, and take any other actions that IIM believes is necessary to protect itself, its users, and the Website.

User Provided Content
Any information, ideas, concepts, know-how, or techniques (“Ideas”) contained in any communication to IIM through the Website or email shall become the exclusive property of IIM and IIM may make use of the Ideas anywhere, in any medium, for any purpose, including developing and offering products and services using such Ideas, without compensation to you.

Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Illinois without giving effect to conflict of law principles. You and IIM agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Cook County, Illinois for the purpose of litigating all disputes relating to the Website.

Policies
You shall use the Website only in compliance with IIM’s published policies then in effect and all applicable laws and regulations.

You can view IIM’s privacy policy for the Website HERE.

Revisions to the Terms of Use
We may revise this Agreement from time to time. If we do, those revisions will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the top of this Agreement. All revisions will result in an update to the effective date of this Agreement at the top of the page. We encourage you to check the effective date of this Agreement whenever you visit IIM’s Website. Your continued access or use of the Website constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website.

Consent to Electronic Communications
If you provide us with your email address, and choose to receive email communications from us, you thereby consent to receiving certain electronic communications from IIM. If allowable under applicable law, any notices, agreements, disclosures, or other communications that IIM is required by law to send to you in writing will be sent to you electronically, if allowed by applicable law. If applicable law does not provide for such electronic communications to satisfy legal communication requirements, including that such communications be in writing, then by providing us with your email address and choosing to receive emails from us, you agree that such electronic communications satisfy any legal communication requirements, including that such communications be in writing.

Children
The Website is intended for use by persons age 18 and over. By using this Website you hereby represent and warrant that you are 18 years old or over. If IIM discovers that you are under the age of 18, IIM reserves the right to block or otherwise prevent your future access to or use of this Website.

General
This Agreement constitutes the entire and exclusive agreement between You and IIM regarding use of and access to the Website.

You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without IIM’s prior written consent. IIM may assign this Agreement at any time without notice.

The failure to require performance of any provision will not affect IIM’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Neither IIM nor you will be in violation of this Agreement if a failure to perform any obligation is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events.

Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.

Contact Information
The Website is offered by Insights in Marketing LLC, 630 Dundee Road, Suite 300, Northbrook, Illinois 60062. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected]. Report misuse of the Website at [email protected].