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THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING "I AGREE" AT THE BOTTOM OF THIS SCREEN, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, EXIT THIS SCREEN BY CLICKING "EXIT" BELOW.
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Welcome to www.eved.com. This web site (www.eved.com, or any replacement site, the "Site") is operated by Eved Services, Inc. ("Eved", "us" or "we"). The services offered by us include the Site and any other features, content, or applications offered at any time and from time to time by us in connection with the Site (collectively, the "Services").
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1. Acceptance
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THIS WEB SITE TERMS AND CONDITIONS OF USE ("TERMS") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER (INCLUDING ANY REGISTERED USER, TRIAL USER, VISITOR, OR PURCHASER OF ANY EVED SERVICE) ("YOU" AND "YOUR") AND EVED. BY ACCESSING THE SITE OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU UNDERSTAND THE TERMS, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, INCLUDING THOSE THAT MAY BE MADE AVAILABLE BY HYPERLINK. THESE TERMS SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO THE SITE AND ANY SERVICE PROVIDED BY US. AS USED HEREIN, "SERVICES" INCLUDES USE OF ANY VERSION OF ANY SERVICES PROVIDED BY OR THROUGH US. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE SITE OR SERVICES.
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2. Changes to Terms
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We may revise these Terms at any time and from time to time, and by your continued use of the Site you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of the Site to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time and from time to time, without prior notice to you.
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3. Eligibility
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Use of the Site or Services is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older.
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4. Registration Data; Account Security
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In consideration of your use of the Site or registration for any Services which require you to open an account, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Eved and its affiliates will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Eved or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
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5. Trademarks
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Eved.com and other graphics, logos, designs, page headers, button icons, scripts and service names of Eved and our affiliates are registered trademarks, trademarks or trade dress of Eved in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
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6. Restrictions on Use; License Grant
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The contents of the Site, including the text, images, audio and video, are copyrighted and the property of us and/or our subsidiaries, affiliates, vendors and licensors and may not be distributed, modified, reproduced, or used, in whole or in part, without our prior written consent, except that you may download content from the Site to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use only, provided that you keep intact all copyright, trademark and all other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is strictly prohibited.
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We hereby grant you a nonexclusive, non-transferable, limited license to use the Site and the Shared Content (as defined below) solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. If you breach any of these Terms, your authorization to use the Site shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
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You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Services or the Site in any manner that could damage, disable, overburden, or impair the Site.
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Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by us and/or our vendors and licensors.
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7. Third-Party Web Sites and Content
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The Site may contain (or you may be sent through the Site or the Service) links to other Web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the "Third Party Applications, Software, or Content"). Such Third-Party Sites and Third-Party Applications, Software and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
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8. Shared Content
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You are solely responsible for the text, images, video, audio, links, messages, notes, profiles, listings, or other content that you upload, publish, or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other users (collectively, "Shared Content"). By posting any Shared Content, you: (a) grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Shared Content throughout the world in any media, now known or hereafter devised; (b) grant us and our affiliates and sub-licensees the right to use the name that you submit in connection with such Shared Content; and (c) grant the other users of the Site a non-exclusive license to reproduce, transmit, display, disclose, perform and otherwise use Shared Content posted by you through the functionality of the Site. Shared Content will be considered non-confidential and we are under no obligation to treat such Shared Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Shared Content, or any portion thereof, as deemed appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it.
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Furthermore, by uploading or submitting material or content to the Site, you represent and warrant that:
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(a) Eved, our affiliates, customers and our licensees, shall not be required to make any payments with respect to the Shared Content, including, but not limited to, payments to you or any third-parties;
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(b) you have all right, title and interest necessary to post the Shared Content to the Site and grant the rights provided above; you have full right and power to enter into and perform under these Terms; and you have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms;
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(c) the Shared Content you submit will not infringe upon any third-party's copyright, patent, trademark, trade secret, or any other proprietary rights; and
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(d) you will not post any Shared Content that is harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable or violates any law, regulation, or rule.
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If you post Shared Content in violation of the warranties above, you acknowledge and agree that we, in our sole and exclusive discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for all such Shared Content and you acknowledge and agree that you shall indemnify and hold us harmless from any and all damages and losses resulting from your posting of Shared Content. We retain the right to remove, in our sole discretion, without notice, Shared Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.
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9. Your Account
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You may create an account to access and use certain services and other features on the Site. You agree to provide only true and correct information in establishing your account. You are responsible for all activities conducted using your account and you are solely responsible for safeguarding your password and other access information. You will notify us immediately if you believe the security of your account has been compromised. You may not use the account of another user without the other user's prior authorization.
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10. Infringement Notices
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As provided in the Digital Millennium Copyright Act ("DMCA"), we have designated the following individual for notification of potential copyright infringement regarding the Site:
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Eved Services Inc 4811 Oakton Street, Suite 250, Skokie, IL 60076 773-764-7000, legal@eved.com
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If you believe any Service or Shared Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
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a. A physical or electronic signature of the copyright owner or authorized agent;
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b. Identification of the copyrighted work(s) claimed to have been infringed;
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c. Identification of the material that is claimed to be infringing or to be the subject of the 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;
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d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
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e. A statement that the copyright owner or its authorized agent 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
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f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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11. Repeat Infringer Policy
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In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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12. Indemnity
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In addition to any other rights Eved may have at law or in equity, you shall indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and our clients harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of this Agreement or of any law or the rights of any third-party.
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You further agree to indemnify, defend and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and our clients harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of any bodily injuries to or the death of your employees or subcontractors however caused or occasioned.
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13. User Disputes
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You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
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14. Disclaimers
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We are not responsible or liable in any manner for any Shared Content, any user content, or Third-Party Applications, Software, or Content posted on the Site or in connection with the Service, whether posted or caused by you or other users of the Site, by us, by third-parties, or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any Shared Content, user content, or Third-Party Applications, Software, or Content. We are not responsible for the conduct, whether online or offline, of any user of the Site or Service.
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The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including, but not limited to, injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including, but not limited to, any loss or damage to any Shared Content, any other user content, or personal injury or death, resulting from anyone's use of the Site or the Service, any Shared Content, any other user content, or Third-Party Applications, Software, or Content posted on or through the Site or the Service or transmitted to users, or any interactions between users of the Site, whether online or offline.
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THE SITE, INCLUDING ANY SHARED CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED "AS IS", WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
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15. Limitation of Liability
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EVED AND OUR AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
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16. Arbitration
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YOU AND EVED AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, EXCEPT THAT, TO THE EXTENT THAT EITHER OF US HAS IN ANY MANNER INFRINGED UPON OR VIOLATED OR THREATENED TO INFRINGE UPON OR VIOLATE THE OTHER PARTY'S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET RIGHTS, OR YOU HAVE OTHERWISE VIOLATED ANY OF THE USER CONDUCT RULES SET FORTH HEREIN, THEN THE PARTIES ACKNOWLEDGE THAT ARBITRATION IS NOT AN ADEQUATE REMEDY AT LAW AND THAT INJUNCTIVE OR OTHER APPROPRIATE RELIEF MAY BE SOUGHT.
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Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
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To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than one (1) year after the cause of action arose.
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17. Accuracy and Integrity of Information
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Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. We do not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Shared Content, and we shall not be responsible for any content uploaded to the site by any user, or by any other third-party, including, but not limited to, the Shared Content.
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18. Links or Pointers to Other Sites
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We make no representations whatsoever about any other Web site that you may access through the Site. When you access a non-Eved site, please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a hyperlink to a non-Eved Web site does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Site, you do this entirely at your own risk.
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19. Links to the Site
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Without our express, prior and written permission, it is expressly prohibited to: (a) "frame" the Site or any Shared Content or otherwise cause the Site or any Shared Content to appear in a window with any other material that does not constitute Shared Content; (b) cause the hyperlink to the Site, or the Site, or any Shared Content, to be displayed in any way that is disparaging to us or any entity that is affiliated or associated with us; or (c) otherwise imply or state that any type of relationship or special arrangements exist with us and any other entity.
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20. Privacy Policy
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Information that you provide or that we collect about you and your organization, in connection with your access to and use of the Site, is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. You may access our Privacy Policy at: [INSERT LINK TO PRIVACY POLICY].
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21. Choice of Law; Venue
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The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Illinois, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law, and the State and federal courts of Illinois shall have jurisdiction over any claim arising hereunder. Any legal action or proceeding relating to this Agreement shall be instituted in a state court in Chicago or Cook County, Illinois, or in a federal court in the Northern District of Illinois. You and Eved hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. The prevailing party shall be entitled to reasonable attorneys' fees and expenses.
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22. Termination
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We may terminate your membership, delete your profile and any content or information that you have posted on the Site, or prohibit you from using or accessing the Service or the Site (or any portion, aspect, or feature of the Service or the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice, including, without limitation, if we believes that you are under 13, or under 18 and not in high school or college.
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23. Notices
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Except as explicitly stated otherwise, legal notices shall be served on Eved via e-mail to legal@eved.com. We may give you legal notice by mail or e-mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
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24. Miscellaneous
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Eved Services, Inc. is located at 4811 Oakton Street, Suite 250, Skokie, IL 60076.
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If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
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In our sole discretion, we may assign these Terms.
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Headings are for reference purposes only and do not limit the scope or extent of such section.
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Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
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The following Sections survive any termination of this Agreement: Acceptance, Eligibility, Disclaimer, Indemnity, Limitation of Liability, Arbitration, Choice of Law; Venue, Entire Agreement and Miscellaneous.
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You may report complaints or post comments by emailing legal@eved.com.
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25. Entire Agreement
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Except as provided below, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
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Effective: APRIL 2004
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