Acknowledgement and Acceptance of Terms
We may modify, suspend, discontinue or restrict the use of the Site, any portion thereof or any content at any time with or without notice to you.
All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”) including but not limited to the design, structure arrangement and “look and feel” of such Content, is owned by or licensed to Big Blue and is protected by copyright, trademark and other intellectual property rights and laws.
No part of the Site and no Content may be copied, reproduced, sold, republished, transmitted, displayed, re-posted or otherwise distributed for public or commercial purposes.
Use of Site
Your use of the Site is subject to all applicable laws and regulations.
You may not:
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, or copy any portion of the Site or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion of the Site or any Content, or any systems or networks connected to the Site, by hacking, password “mining” or any other illegitimate means;
- probe, scan or test the vulnerability of the Site or any Content, or any system or network connected to the Site;
- reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other Site user;
- use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person's use of the Site; or
Any unauthorized use of the Site or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Certain features or services offered on or through the Site may require you to open an account (including a username and password). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. It is your sole responsibility to (i) control the dissemination and use of your account and password; and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
Disclaimer of Warranties and Limitation of Liability
The Site and all Content are provided on an “as is” and “as available” basis without warranty
of any kind, either express or implied, including, without limitation, warranties of
merchantability; fitness for a particular purpose; accuracy; completeness; currentness;
freedom from interruption, viruses or other defect; and non-infringement.
Your Sole remedy against Big Blue for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. In no event shall we or our Members, Managers, employees, employees, or agents (our “Affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental or punitive damages, resulting from the use or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.
Termination and Indemnity
You agree that we may, at any time, and at our sole discretion, terminate your account or
suspend or prohibit your access to the Site without prior notice to you for violating any of
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims or expenses (including attorneys' fee), made against us by any third party due to or arising out of your use of the Site.
If you make any submission to us, you agree that you will not send or transmit any communication or content that (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data.
All e-mail and other correspondence that you submit to us shall become our sole and exclusive property. If you submit any business information, idea, concept or invention to us, such submission shall be considered (i) non-confidential; and (ii) our sole and exclusive property. We will have no obligation of any kind with respect to the submission and we will be free to use or further transmit such submission for any purpose.
We may provide links to third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such website.
Big Blue may send you notice with respect to the Site by sending an email message to the email address listed in your account or by posting a notice on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) on the date of transmittal, if sent by email, and (ii) on the date we post the notice to the Site, if posted on the Site.
Governing Law, International Use
State of Illinois, without regard to its conflicts of law provisions. You agree to the
personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois,
and waive any objection to such jurisdiction or venue.
We make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.