Terms & Conditions
The Illinois Public Risk Fund provides workers’ compensation insurance to units of local government. The Terms & Conditions specified herein govern IPRF.com (“Website”), which is IPRF’s website, the services provided through the Website (“Website Services”), and all other websites, suites of features and services offered through IPRF (collectively, “IPRF Services”). Please read these Terms & Conditions carefully before using any of the IPRF Services or obtaining any content, information, materials or services therefrom.
Your privacy is very important to IPRF. IPRF designed our accompanying Privacy and Security Policy to provide important disclosures about how you can use IPRF Services and how we collect and can use your contact and personal information. We encourage you to read our Privacy and Security Policy and to use it to help make informed decisions. These Terms & Conditions expressly incorporate our Privacy and Security Policy as part of the Terms & Conditions.
By visiting the Website and/or using any of the IPRF Services, you affirm that you have read, agree and consent to all of the Terms & Conditions specified herein and further agree to be bound by them. As such, these Terms & Conditions represent a binding, legal agreement between you and IPRF.
1.1 “Consumer” or “Customer” means any individual or entity that uses any of the IPRF Services. Where applicable, the term “Consumer” shall encompass all customers.
1.2 “Content” means all material, whether publicly posted or privately transmitted, on or through any of the IPRF Services, its Website, or its Website Services, and is inclusive of User Content as well as other material.
1.3 “Software” means any necessary software used in connection with the IPRF Services.
1.4 “IPRF Services” means the suite of features and services offered through IPRF, the Website, and the Website Services.
1.5 “IPRF Trademarks” means any trademarks, tradenames, logos, and other commercial designs of IPRF or licensed to IPRF, whether or not formal registration exists.
1.6 “Strategic Partners” means those trusted partners that IPRF employs, engages, or retains to perform functions and/or provide services on its behalf.
1.7 “User Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on or through any of the IPRF Services, its Website, or its Website Services.
1.8 “Username” means the valid email address provided by each Customer or other identifiers that are used as username or login identification.
1.9 “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address IPRF.com and other websites operated by IPRF to provide its services.
1.10 “Website Services” means the services provided by IPRF through IPRF.com and other websites operated by IPRF to provide its services
2.1 By entering the Website and/or using any of the IPRF Services (including creating any Content and/or User Content), you agree that you have read, understood, and agree to be bound by the Terms & Conditions.
2.2 All parties explicitly agree that the use of the Website and IPRF Services shall be pursuant to these Terms & Conditions. IPRF shall not be bound by any additional or different terms provided by any Consumer or Customer.
2.3 The Terms & Conditions shall be considered and construed as a binding agreement between you and IPRF.
2.4 The Terms & Conditions comprise the entire agreement between you and IPRF, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you apply for and use specific App Services, Website Services, or IPRF Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms & Conditions.
2.5 These Terms & Conditions contain disclaimers (including Sections 12, 13, and 14) as well as exclusive remedy provisions (including Section 14).
3. Modifications to Terms & Conditions.
3.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, the Parties understand that IPRF may alter, amend, change, waive, terminate or modify any term contained within its Terms & Conditions at any time provided that:
3.1.1 Should IPRF alter, amend, change, waive, terminate or modify any term contained within these Terms & Conditions, it shall provide notice by:
(a) Posting the new Terms & Conditions to the Website; or
(b) electronic mail (where available and applicable), or a message viewable by the user upon logging into their account, or other means pursuant to these Terms & Conditions; or
(c) as otherwise required by law.
3.1.2 Upon Notice, any Customer may elect to terminate use of any of the IPRF Services. Should a Customer continue to use any of the IPRF Services, such continued use shall constitute acceptance of the altered, amended, changed, waived, terminated or modified Terms & Conditions.
3.1.3 Should the Customer accept the altered, amended, changed, waived, terminated or modified Terms & Conditions, the Customer’s use of the IPRF Services shall proceed under the new Terms & Conditions.
3.1.4 Further, should the Customer accept the altered, amended, changed, waived, terminated or modified Terms & Conditions, the Customer shall execute any document presented to the Customer memorializing such acceptance. However, the absence of such a document shall not affect the enforceability of, and IPRF’s reliance upon, Customer’s acceptance.
3.2 You agree to review the Terms & Conditions and the relevant rules and regulations periodically to be updated of any such changes.
3.3 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages (“bookmarking”), may under certain circumstances result in the bypass of links to the Terms & Conditions. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website and Website Services constitutes acceptance of the Terms & Conditions and our Privacy and Security Policy.
3.4 Please note again that your continued use of IPRF Services following changes to the Terms & Conditions constitutes acceptance of all such changes.
4. IPRF Services.
4.1 Description of IPRF Services. Illinois Public Risk Fund is a self-funded workers compensation pool for Public entities that was established on December 15, 1985 to provide a cost-effective alternative to escalating workers compensation premiums and related costs.
4.2 Email/Text (SMS) Message Subscription Service. IPRF may elect to distribute information regarding IPRF via email or text messages sent through IPRF Services. Standard messaging and data fees may apply. Check with your cellular carrier for details on specific fees and charges. The email/SMS text feature is contingent on the delivery of IPRF’s messages by the message recipient’s cellular/mobile carrier, Wi-Fi at IPRF event location, recipient’s email service, or other means of conveyance of information, and IPRF is not responsible for messages blocked or not delivered for any reason (spam filtering, outages, etc.) to a message recipient.
4.3 Cellular Phone Contact Policy. By providing a telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from IPRF, which may be sent or initiated by IPRF staff. Additionally, IPRF collects phone numbers from users to facilitate the operation of IPRF Services. By providing a phone number to IPRF, you consent to the use of this phone number, as well as any contact made with you in facilitating IPRF Services.
4.4 Email Contact Policy. By providing an email address, you are expressly consenting to receiving communications at that email address from IPRF. Additionally, IPRF collects email addresses from users that may be shared with IPRF’s strategic partners. By providing an email address to IPRF, you consent to the sharing of this email address, as well as any contact made with you.
4.5.1 By providing a phone number or email address, you indicate and declare that you are the owner or legal designated user of that phone number or email address, you are at least 13 years of age, and you are legally allowed to provide the phone number or email address. If you, in the normal course of using IPRF Services, provide other people’s phone numbers or email addresses to IPRF, you indicate and declare that you have permission and are legally allowed to provide the phone number(s) or email address(es) that you provide and that you and they understand that their information may be shared pursuant to sections 4.2, 4.3 and 4.4 above.
4.5.2 You agree to hold IPRF and its personnel harmless for any errors in information sent by IPRF to any phone number or email address you provide as well as errors in Content on IPRF Services or an IPRF Website. You agree that you accept responsibility or liability for injury or loss to any person or property relating to your subscription to email/SMS text messages sent through IPRF, the email/SMS text messages sent through IPRF, and any use of or Content on IPRF Services or an IPRF Website. You agree that IPRF, its owner, and its personnel will accept no responsibility or liability for injury or loss to any person or property relating to your subscription to email/SMS text messages sent through IPRF, the email/SMS text messages sent through IPRF, or any use of or Content on IPRF Services or an IPRF Website.
4.5.3 You are solely responsible for any fees of any kind charged by any party to any party incurred by your provision of a phone number or email address to IPRF.
4.5.4 You agree that IPRF is not responsible or liable for any accidental and/or unintentional dissemination of the phone number or email address that you provide.
4.5.5 IPRF reserves the right to stop providing email/SMS text message subscription service to any person or device at any time for any reason with or without notice.
4.6 Changes to Service.
4.6.1 IPRF reserves the right at any time to modify or discontinue, whether temporarily or permanently, the Website and IPRF Services. Any modifications to any of the IPRF Services, including the releases of new features, tools or resources, shall be subject to these Terms & Conditions and other applicable policies. Changes may occur from time to time. Notice of any changes or modifications will be provided by posting on the Website, and/or pursuant to Section 3.1.1. Absence of any notice of changes on the Website shall not affect the enforceability of the Terms & Conditions.
4.6.2 IPRF reserves the right to stop providing any of its services to any person at any time for any reason with or without notice, and reserves the right to suspend or terminate the account of any person at any time for any reason with or without notice.
4.6.3 For changes to pricing, please see Section 5. 4.7 You have the opportunity to share your information with third parties, including the public, by affirmatively providing them access to such information. However, simply by providing information to IPRF, you acknowledge that it may be shared with IPRF’s strategic partners without your further consent. You should be aware that IPRF cannot control what such third parties do with your information or access thereto. Consequently, you accept all responsibility for the use of, or access to, your information by third parties to whom you provide your information or access thereto.
5. Consumer Conduct.
5.1 IPRF Services shall be used for lawful purposes only.
5.2 You agree to provide IPRF with true, accurate and current information as requested when registering for IPRF Services and/or purchasing services from IPRF. Failure to do so shall constitute a breach of these Terms & Conditions.
5.3 At time of registration, users must specify an email address (“Username”) to access IPRF Services, or they must specify an email address at which they will receive other login information with which to access IPRF Services.
5.4 Please note that you may not use or submit a Username or email address that is a Username or email address of another person to create your own account; that is violating a third party’s intellectual property rights; or, that is offensive or inappropriate, as determined by IPRF in its sole discretion.
5.5 You shall be solely and entirely responsible for any and all use of the IPRF Services through your Customer Account.
5.6 As a Customer, if you choose to share your Customer Account, Username and/or password with any other person or entity, you assume all risks stemming from their access to or use of your Customer Account. You indicate that they will use your Customer Account only for the lawful and intended purposes of IPRF Services, and further indicate that you understand that they may gain access to information that you have added to or with your Customer Account. You agree to hold harmless IPRF for any damages resulting from your sharing of your Customer Account in this way.
5.7 You must promptly inform IPRF of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
5.8 The IPRF Services shall not be used for any of the following: – Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder; – Intentionally or unintentionally violating any intellectual property rights of a third party; – Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information; – Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by IPRF in its sole discretion; – Posting or transmitting, or causing to be posted or transmitted, via the IPRF Services any spam; – Posting or transmitting, or causing to be posted or transmitted, via IPRF Services any materials advertising any business other than IPRF or an event being administered by IPRF; – Seeking to obtain private financial information from any Consumer; – Impersonating any other individual; – Providing any false information; – Registering or attempting to register an account with IPRF without IPRF’s express authorization after having been terminated or suspended by IPRF for any reason; and/or – Attempting to interfere with IPRF’s security measures.
5.9 IPRF does not endorse Content provided by Customers that is made available via IPRF Services. 5.10 IPRF reserves the right, but not the obligation, to delete Content (including but not limited to User Content) that it believes, in its sole discretion, violate these Terms & Conditions. The failure of IPRF to delete any Content or User Content does not constitute IPRF’s endorsement of any such Content.
5.11 IPRF is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Customers.
5.12 Should any Consumer believe that another individual has violated any of the foregoing Terms & Conditions, the Customer should immediately notify IPRF via info@IPRF.com.
5.13 Upon learning of any error, omission or violation of the Terms & Conditions by any other third party, a Customer shall immediately notify IPRF via inf@IPRF.com.
6. Cancellation and Termination of Customer Account.
6.1 Cancellation of Account.
6.1.1 You may cancel your Customer Account at any time. Before doing so, IPRF recommends you review these Terms & Conditions carefully so you understand what will occur upon cancellation. To effectively cancel your Customer Account, please contact info@IPRF.com for assistance.
6.1.2 Upon cancellation, all of your Content may be deleted permanently. IPRF shall not be responsible for the loss of any Content or User Content due to the cancellation (or termination) of a Customer Account. However, IPRF is not responsible should a Customer Account remain active after cancellation.
6.2 Termination of Customer Account.
6.2.1 IPRF reserves the right to refuse its IPRF Services to anyone should it believe that the IPRF Services have been abused. For a non-exclusive list of what IPRF considers abuse, you should refer to Section 5.8 above. Though specific prohibited items have been listed, IPRF reserves the right to consider any action or conduct inconsistent with the intended use of IPRF Services to constitute abuse.
6.2.2 IPRF reserves the right to refuse its IPRF Services to anyone should it believe that the IPRF Services have been, will be or are being used for any unlawful purpose and/or used in violation of any of these Terms & Conditions or any other IPRF agreement or policy.
6.2.3 IPRF reserves the right to take any further action as permitted by law should it believe that the IPRF Services have been or are being abused, used for any unlawful purpose and/or used in violation of any of these Terms & Conditions or any other IPRF agreement or policy.
6.2.4 In particular, IPRF may terminate an account immediately should a party abuse the IPRF Services, use the IPRF Services for unlawful purposes, or use the IPRF Services in violation of any of these Terms & Conditions or any other IPRF agreement or policy.
6.2.5 IPRF also reserves the right to suspend or terminate a Customer Account should IPRF become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer Account, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer Account, IPRF also may suspend or terminate the Customer Account immediately and without notice.
6.2.6 Consequences of Termination.
(a) Should your account become terminated, IPRF may, in our sole discretion and without liability to you, remove and discard any information associated with your account including, but not limited to, any Content or User Content.
(b) Should your account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Customer Account and/or the termination thereof.
(c) IPRF shall not be liable to you or any third-party for any termination of your use of the Website or IPRF Services.
(d) Any Customer whose account has been terminated by IPRF may not access the IPRF Services without the prior express written permission of IPRF.
(e) There shall be no refunds for any use terminated as a result of a breach of the Terms & Conditions.
(f) IPRF may also refuse registration, terminate an account, and/or refuse IPRF Services to any person who registers or attempts to register an account with IPRF without authorization after having had an account previously suspended or terminated by IPRF. In particular, should IPRF identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.
(g) Should the IPRF Services become terminated, all Customer Accounts shall be terminated immediately, without any prior notifications by IPRF.
7. Intellectual Property Rights
7.1 You acknowledge and agree that the IPRF Services and any necessary software used in connection with the IPRF Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that IPRF or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. You further acknowledge and agree that content presented to you through the IPRF Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IPRF, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, Website Services, IPRF Services, or the Software, in whole or in part.
7.2.1 IPRF shall possess and retain all copyrights to material and Content created and/or produced through the IPRF Services.
7.2.2 Customers may link to the Website from their own websites and other third-party websites, if such link is otherwise in accordance with the Customer’s use of the IPRF Services and these Terms & Conditions.
7.2.3 Customers and Consumers may not frame any elements of the Website within any other website.
7.2.4 IPRF may use content obtained from third party sources. All rights to such third-party content remains with the owners of such third-party content.
7.2.5 The use by any Customer or Consumer of any third-party software or content obtained through the IPRF Services does not transfer to such Customer or Consumer any rights, title or interest in or to the third-party software or content. Further, you agree that you shall not use any third-party software or content made available to you through the IPRF Services except as expressly authorized under the applicable third-party providers’ Terms & Conditions or license, which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the third-party providers’ Terms & Conditions or license agreement, do not download the third-party software or content.
7.3.1 You agree to not use IPRF’s Trademarks or any mark that is confusingly similar to such trademarks.
7.3.2 Nothing on the Website or through the IPRF Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of IPRF’s Trademarks displayed on the Website or through the IPRF Services without IPRF’s prior express written permission.
7.3.3 All goodwill generated from IPRF Trademarks will inure solely to IPRF’s benefit.
7.3.4 All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to IPRF.
7.3.5 IPRF reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
7.4 Destruction of Materials. Should any Customer or Consumer violate these terms regarding intellectual property, such Customer or Consumer must delete any materials obtained in violation of these Terms & Conditions immediately upon notice or upon realizing possession of such materials violate these Terms & Conditions, whichever is earlier.
7.5 Limited License. All content on the Website and available through the IPRF Services is the proprietary property of IPRF and/or its licensors, with all rights reserved. No IPRF Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IPRF’s prior written permission. Provided that you are eligible for use of IPRF Services, you are granted a limited license to access and use the IPRF Services and the IPRF Content and to download or print a copy of any portion of the site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you retain all copyright or other proprietary notices intact. Except for User Content, you may not upload or republish IPRF Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. This limited license is subject to the Terms & Conditions and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the IPRF Services or IPRF Content without the prior written permission of IPRF, other than as specifically authorized herein, is strictly prohibited and shall immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
8. DMCA Policy.
8.1 IPRF respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting on the Website or through IPRF Services any materials that violate another party’s intellectual property rights. When IPRF receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
8.2 If you believe that any material on the Website or through the IPRF Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on the Website or through the IPRF Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
(a) Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that IPRF can locate the material;
(b) Identify the URL or other specific location on the Website or IPRF Services that contains the material that you claim infringes your copyright described in Item 8.3(a) above;
(c) Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(d) Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and,
(f) Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below: Illinois Public Risk Fund c/o Joshua B. Rosenzweig, General Counsel 1804 N. Naper Blvd., Ste. 350 Naperville, IL 60563 Attention: NOTICES email: email@example.com Fax to: (630) 682-0788 8.5 IPRF has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. IPRF may also in its sole discretion limit access to the Website and Website Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. Resale of Service. Unless otherwise agreed to in writing by IPRF, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Website or IPRF Services; use of the Website or IPRF Services; or access to the Website or IPRF Services. 10. Indemnification. You agree to indemnify, defend and hold harmless IPRF, its trustees, as well as their subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, from any claim, demand, or expense, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against IPRF due to or arising out of your use of and/or connection to the Website and/or IPRF Services; information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website; your sharing of any Content obtained through use of the Website or IPRF Services to any third party; the use of any Content downloaded from the Website or IPRF Services to your computer and/or servers; your violation of the Terms & Conditions; or your violation of any rights of another, whether you are a registered user or not. You are responsible for your actions when using the Website and/or IPRF Services, including, but not limited to, costs incurred for Internet access.
11. Disclaimer of Warranties.
11.1 The Website and IPRF Services are provided to you “as is,” “with all faults,” “as available,” without warranty of any kind, either express or implied, to the fullest extent possible under applicable law.
11.2 IPRF specifically disclaims any and all warranties, express or implied, including, but not limited to, the following:
11.2.1 Any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness and/or content of: – The Website/Website Services; – IPRF Services; and – The ability of the Website and/or IPRF Services to interoperate or integrate with any third-party products such as software or hardware;
11.2.2 Any warranties resulting from a course of dealing or usage of trade;
11.2.3 Any warranties of merchantability or fitness for a particular purpose;
11.2.4 Any warranties of non-infringement; and
11.2.5 Any warranties regarding the rights and title of IPRF in the website and/or IPRF Services, or any warranty that the Website and/or IPRF Services do not infringe the intellectual property rights of a third-party.
11.3 IPRF is not liable for any information, software or other products that are downloaded from the Website and/or IPRF Services by you or installed on your computer. As such, IPRF is not responsible for any damage to your computer system or loss of data that results from the download of any such material.
11.4 No advice or information, whether oral or written, obtained through or from the IPRF Services shall create any warranty not expressly stated in the terms.
11.5 IPRF makes no warranty that the website, IPRF Services and/or Content thereon will be error-free, available without interruption, timely, or meet your expectation. 11.6 We will make reasonable efforts to maintain the IPRF Services, however we are not responsible for any damage; loss of data, customer information or vendor data; loss of revenue; or other harm to business arising out of delays. We are also not responsible for misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the IPRF Services, or other interaction with the IPRF Services. You are responsible for maintaining and backing-up your data and information that may reside on the IPRF Services. We do not warrant that
(a) the IPRF Services will meet your specific requirements,
(b) the IPRF Services will be uninterrupted, timely, secure, or error-free,
(c) the results that may be obtained from the use of the IPRF Services will be accurate or reliable,
(d) the quality of any products, services, information, or other material purchased or obtained by you through the IPRF Services will meet your expectations, and
(e) any errors in the software underlying the IPRF Services will be corrected. 11.7 These disclaimers apply to all Content sent to and/or from the Website, Website Services, and/or IPRF Services.
12. Third-Party Links and Products.
12.1 In connection with the IPRF Services, IPRF may provide you with links to third-party websites.
12.2 IPRF neither monitors nor has any control over such third-party websites or over third-party products and services.
12.3 IPRF is not responsible for and does not endorse
(a) the content of such third-party websites,
(b) the products or services offered by such third-parties,
(c) the use of or reliance upon such content, products, or services, and/or
(d) the privacy and other practices of such third-parties.
12.4 Any correspondence or business transactions between you and such third-parties are solely between you and any such third-party.
12.5 IPRF specifically disclaims all warranties, express or implied, relating to third-party products and services, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose and non-infringement, except as otherwise specified in this agreement or where such disclaimers are held to be legally invalid.
12.6 Such third-party websites may solicit personal information and send cookies. The inclusion of a link to a third-party website on this website does not imply endorsement of the linked third-party website.
12.7 IPRF is not responsible for the availability of such websites or products or services offered by such third-parties. Further, IPRF is not responsible for any loss or damage arising from any communications and/or transactions between you and third-parties.
12.8 You also may be subject to additional terms and conditions that may apply when you use affiliate or other services provided by IPRF, third-party content or third-party software. IPRF specifically disclaims any liability for its consumers and customers failing to abide by third-party websites’ policies and terms.
13. Limitation of Liability.
13.1 In no event will IPRF, its officers, directors, employees, trustees, agents, representatives, licensors, successors or assigns – or the same of its subsidiaries or suppliers – be liable to you or to any third-party whatsoever for any damage including, but not limited to, indirect, direct, special, punitive, exemplary, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss or vandalism or theft of programs or information, loss of reputation, violation of privacy, loss of use or data, and any other kind of damage or intangible loss), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, inability to use, or any other matter relating to the Website or the IPRF Services, even if IPRF was advised of the possibility of such damage, and regardless of the form of action whether in contract, tort, equity or otherwise.
13.2 IPRF shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including, but not limited to, acts of government, natural catastrophes, force majeure, acts of God, internet disruptions or unavailability, failure of operating systems, unavailable network connections, imperfect computer transmissions, labor disputes, power outages, loss of data, or similar occurrences.
13.3 IPRF shall not be liable to you or any third-party for any modification, suspension, or discontinuance of the IPRF services. Similarly, IPRF shall
not be liable to you or any third-party should updates to the software or code require the installation of other third-party software.
13.4 You expressly understand and agree that IPRF shall not be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, including, but not limited to, damages to or viruses that may infect your computer software, equipment or other property, damages for loss of profits, goodwill, use, data or other intangible losses (even if IPRF has been advised of the possibility of such damages), that arises out of or is in any way connected with:
(a) the use or the inability to use the IPRF Services;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the IPRF Services;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third-party on the IPRF Services; or
(e) any other matter relating to the IPRF Services.
13.5 IPRF shall not be liable for any damages.
13.6 If you are dissatisfied with the Website, Website Services, and/or the IPRF Services, or Content created thereon or therefrom, or you have any dispute with IPRF in connection with the same or these Terms & Conditions, then your sole and exclusive remedy is to cease using the Website and/or the IPRF Services, and/or the Content created thereon.
13.7 These disclaimers of liability apply to any damages or injury caused to you or to any third-party including, without limitation, as a result of any failure of performance, bug, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction or unauthorized access to, alteration, inaccessibility or loss of, or use of data, information and/or records.
13.8 IPRF specifically does not warrant or guarantee
(1) that the Website and/or IPRF Services or any portion thereof will be free of infection by viruses, or anything else manifesting contaminating or destructive properties, or
2) that the functions performed by the Website and/or the IPRF Services will be uninterrupted or error-free or that defects in the Website and/or the IPRF Services will be corrected.
13.9 It is your sole responsibility to execute anti-contamination virus software and otherwise take steps to ensure that the Website and IPRF Services, if contaminated or infected, will not damage your information or system.
13.10 These disclaimers of liability apply to all claims and/or causes of action, whether for or based upon breach of contract, tort, negligence, strict liability or under any other claim or cause of action.
13.11 IPRF shall not be held liable for any special, indirect, incidental or consequential damages arising out of or connected with these Terms & Conditions or with any of the services provided hereunder, regardless of whether caused by IPRF, its agents, employees, subsidiaries, representatives, assigns or otherwise.
13.12 IPRF shall not be liable for any damages resulting from the use of any Content obtained through and/or downloaded from the Website.
13.13 IPRF shall not be liable for any misuse of content found on or through the Website and/or IPRF Services.
13.14 The SMS feature relies on the delivery of messages by the recipient’s cellular or mobile carrier. IPRF is not responsible for and shall not be liable for messages blocked or undelivered due to third-party technical issues, spam filtering, outages, or any other reason associated with carriers of either IPRF or recipients.
13.15 The foregoing limitations of liability shall also expressly apply to any damages, injuries, or claims (of any kind) caused by and/or emanating from the disclosure of any party’s identity or identifying information.
14. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 10, 11, 12 and 13 may not apply to you.
15. General Provisions
15.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
15.2 Applicable Law. The Terms & Conditions shall be construed and enforced in accordance with the laws of the State of Illinois without regard to its conflicts of laws provisions. Similarly, the laws of the State of Illinois (again without regard to its conflicts of laws provisions) shall also govern any dispute arising between you and IPRF. You agree to submit to the personal and subject matter jurisdiction of the courts located within DuPage County in the State of Illinois. You also agree the venue for any action, dispute or proceeding with respect to this Agreement or any dispute between you and IPRF shall be the State of Illinois. You further waive all defenses to the contrary including, but not limited to, lack of personal jurisdiction or forum non conveniens.
15.3 Class Actions Waived. You expressly waive any right to participate in any class action against IPRF for any claims related to the Website and/or IPRF Services. In fact, by using the Website and/or IPRF Services and agreeing to these Terms & Conditions, you expressly agree that you shall not be permitted to resolve any claims through class actions against IPRF.
15.4 Entire Agreement. The Parties agree that the Terms & Conditions as they shall be modified from time to time constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of these Terms & Conditions.
15.5 Incorporation Clause. These Terms & Conditions expressly incorporates the terms provided for in IPRF’s Privacy and Security Policy.
15.6 Independent Parties. You and IPRF are independent parties and nothing contained in these Terms & Conditions shall be construed or implied to create any agency or partnership between you and IPRF. At no time shall you or IPRF act as an agent for or make commitments for or in the name of the other party.
15.7 Jury Trial Waived. You expressly waive any right to a jury trial in any action against IPRF for any claims related to the Website and/or IPRF Services. In fact, by using the Website and/or IPRF Services and agreeing to these Terms & Conditions, you expressly agree that you shall not be permitted to obtain a jury trial in any action against IPRF.
15.8 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms & Conditions or otherwise be given any legal effect.
15.9 Reasonableness. The Parties have read each of the terms in the Terms & Conditions and consider each of them, including all subparts, to be reasonable.
15.10 Savings Clause. In the event that any provision of the Terms & Conditions is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms & Conditions shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its forms modified by the court, shall then be enforceable and shall be enforced.
15.11.1 No waiver of any breach of any provision of these Terms & Conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
15.11.2 The failure of IPRF to insist, in any one or more instances, upon the performance of any of the terms of these Terms & Conditions or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
15.11.3 No employee, agent or representative, including without limitation a customer service representative, of IPRF shall be entitled to waive any term of the Terms & Conditions or any other IPRF agreement or policy.
15.12 Notices. Notices by IPRF to you for any reason (including changes to this Agreement, the IPRF Services, the fees, or other similar matters) may be provided by a general posting on the Website at IPRF.com. Notices by you to IPRF may be given through electronic mail to info@IPRF.com unless otherwise specified in these Terms & Conditions. Without receiving a confirmation email back from IPRF, you may not assume that your notice has been received.
15.13 Restricted Locations.
15.13.1 The Website, Website Services, and/or IPRF Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
15.13.2 The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website, Website Services, and/or IPRF Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
15.13.3 You agree to comply with all local rules regarding online conduct and what IPRF deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.8 above.
15.13.4 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
16. Revisions to Terms & Conditions.
16.1 IPRF reserves the right to revise, amend, or modify these Terms & Conditions, our Privacy and Security Policy, and other online policies and agreements at any time and in any manner.
16.2 IPRF shall provide notice of such changes by posting the revised policies to its Website and/or the applicable IPRF owned websites and/or by either
(a) providing you a message the next time you log into your account or
(b) sending you electronic mail to the email address you provided when creating your account.
16.3 With respect to these Terms & Conditions, you should visit the Website at IPRF.com from time to time to review the then-current terms. At any time, the current-posted policies govern and shall be binding.
16.4 You acknowledge and agree that the form and nature of the services that IPRF provides may change from time to time without prior notice to you. Unless explicitly stated otherwise, any new feature that augments or enhances the current Website, Website Services and/or any IPRF Services shall be subject to these Terms & Conditions.