1. TERMS AND CONDITIONS OF USE
1.1 This Website (“Site”) and its contents are owned and operated by Northbrook Lyons Falls, LLC (“NBLF” or “we”) for information purposes only. Your use of this Site constitutes your agreement with NBLF to be bound by, and to act in accordance with the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use this Site.
1.2 NBLF reserves the right to, at any time without notice: (a) make changes to this Site and its contents and to these Terms and Conditions of Use; (b) monitor and remove Submissions; and (c) discontinue Site availability. Please visit these Terms and Conditions of Use from time to time to keep up-to-date. Your use of the Site confirms your continuing agreement to abide by any revised Terms and Conditions of Use. Any failure by NBLF to act in response to a breach by you or any other party of these Terms and Conditions of Use shall not be deemed a waiver of NBLF’s right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set out the understanding between NBLF and you with respect to the use of this Site.
2. Copyright and Trademarks
2.1 All material on this Site, with the exception of third party materials used under license, including the text, images, software, programs, graphics, video, audio and designs and the trademarks displayed on this Site (“Materials”), are owned and/or used under license by NBLF, and protected by international copyright and trademark laws. You may not copy, reproduce, re-distribute, republish, transmit, or modify any Materials without the prior written consent of NBLF. You are hereby licensed to make one copy of any Materials for personal and non-commercial purposes only, provided you maintain all copyright, trademark and other proprietary notices contained in the Materials. If you make a copy of any Materials or download from this Site, you warrant that you do so legally and you warrant that you will not copy, reproduce, re-distribute, republish, transmit, or modify the Materials or otherwise use them for any public or commercial purposes. Ownership, title and all intellectual property rights in and to all Materials copied or downloaded from this Site remain with NBLF or the third party licensor.
2.2 Your use of the trademarks appearing on this Site in any manner other than as authorized in these Terms and Conditions of Use is strictly prohibited.
3. Limitation of Liability
3.1 NBLF does not guarantee continuous, uninterrupted, error-free or secure access to this Site, nor do we guarantee or warrant that any Materials are up-to-date, accurate or complete. The operation of this Site may be interfered with by factors outside NBLF’s control. NBLF does not warrant that any servers making this Site available are free from viruses and other harmful elements or that any defects in this Site will be immediately corrected. NBLF reserves the right to monitor the use of this Site and to use or disclose any information necessary to satisfy any legal or regulatory requirements, to protect itself or to operate the Site properly.
3.2 The Materials on this Site are provided “as is”, and to the fullest extent permitted by law, the Materials are provided without any express or implied warranty of any kind, including warranties of merchantability, or fitness for any particular purpose.
3.3 In no event shall NBLF, its parent company, subsidiaries, affiliates, employees, partners or suppliers be liable for any damages whatsoever (including, without limitation, special or consequential damages or damages for loss of profits, business interruption, or loss of information) arising out of the use or inability to use this Site, its contents or the Materials, even if NBLF has been advised of the possibility of such damages. NBLF has no duty to update this Site, its contents or the Materials and shall not be liable for any failure to update. You assume the entire responsibility for any and all damages, repairs and/or maintenance costs incurred by you. Your sole and exclusive remedy is to discontinue using NBLF’s Site.
4. User Submissions
4.1 NBLF is eager to receive your comments and answer your questions about our activities and our company. However, we are not seeking, nor do we accept unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products or services (“Unsolicited Ideas”). Although we encourage your feedback, comments and questions, please do not send Unsolicited Ideas to NBLF.
4.2 By posting any material, including Unsolicited Ideas, messages, written editorials, photographs, software or video clips (“Submissions”) to this Site you agree that all such Submissions will be considered non-confidential and non-proprietary and that no Submissions will be returned. You grant to NBLF a non-exclusive, royalty-free, worldwide, unrestricted and perpetual license, to publish, display, reproduce, perform, broadcast, retransmit, modify, edit or otherwise use (in whole or in part) the Submissions, with the right to sub-license to third parties the unrestricted right to exercise any of the foregoing rights. The license shall include the right to exploit any proprietary rights in the Submissions, including but not limited to rights under copyright and trademark. NBLF has no obligations with respect to the Submissions, and you agree that you will have no recourse against NBLF for any actual or alleged infringement, passing off or misappropriation of any proprietary rights in the Submissions. NBLF reserves the right at all times to remove any Submissions that in NBLF’s sole discretion are objectionable, offensive, unlawful or in violation of these conditions.
4.3 You agree not to restrict or inhibit other individuals from using and enjoying this Site and you agree not to post or transmit any unlawful, abusive, libelous, defamatory, threatening or obscene Submissions. You agree not to post or transmit any Submissions that violate or infringe upon the rights of others, including Submissions that are unlawful, an invasion of privacy or publicity rights or that are protected by copyright, trademark or other proprietary rights without first obtaining permission from the original rights holder. You agree not to post or transmit any Submissions that contain viruses or other harmful elements. Any such conduct constitutes a breach of these Terms and Conditions of Use resulting in the immediate termination of your right to use this Site. NBLF reserves the right to take all legal and administrative action against you to remedy such breach.
5. Third Party Websites
5.1 Where we have provided links or references to third party websites, we make no representations or endorsements that we are affiliated with such websites. NBLF has no control over such third party websites and we are not liable for any damages or injury arising from your use of such websites. In addition, our privacy policies do not apply to any such third party websites.
6. Applicable Laws
6.1 Any claim relating to this Site, its contents or the Materials shall be governed by the laws of the United States and of the State of New York. If any part of these Terms and Conditions of Use are determined to be invalid, void, unlawful or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. These Terms and Conditions of Use constitute the agreement between you and NBLF.