Last modified: August 26, 2014
The McHenry Life service (“SERVICE”) is offered by Identity Developments, LLC. (“COMPANY”) to provide individuals and businesses access to a directory of resources related to local businesses, organizations, events, and other related topics, as well as a venue for sharing related information and opinion, including without limitation business location and contact information, related business details, business ratings and reviews, blogs, user-generated-content, personalized content, surveys and opinion polls. The SERVICE includes the website at McHenryLife.com (“SITE”) and incorporates any related websites controlled by COMPANY including without limitation www.IdentityDevelopments.com. The COMPANY may change the SERVICE from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the SERVICE.
A. YOU may access the SITE or SERVICE as a user (“USER”) with a free account. While access to certain components of the SITE and selected features of the SERVICE are free, the COMPANY reserves the right to charge fees for features and benefits associated with the SITE or SERVICE at any time and without notice.
C. COMPANY reserves the right to cancel, suspend, or block access to the SITE or SERVICE at its sole discretion for violations of these terms, McHenry Life policies, or for any other reason and without notice.
II. Conditions Governing All USERS
A. The SERVICE is available only to USERS who are human (not bots, unless previously authorized by written agreement) and 13 years of age or older, and USERS who are also SUBSCRIBERS must be at least 18 years old.
B. The SERVICE is available only to USERS who submit truthful and accurate information about themselves and maintain the accuracy of such information.
C. The SERVICE is available only to USERS who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the SITE.
D. The SERVICE is available only to those with a valid email address.
E. The SERVICE is available only to those who agree not to authorize others to use their account, profile, or messages.
F. USERS agree to inform COMPANY immediately upon learning of a security breach that relates to their account or a third party’s improper use of the SERVICE in connection with their account.
G. USERS agree that portions of the SITE and SERVICE are publicly available or available to other USERS and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
III. Conditions Governing Subscribers
A. For purposes of this Agreement, a USER who pays for any portion of the SITE or SUBSCRIBER shall be referred to as a “SUBSCRIBER”. As a SUBSCRIBER, YOU must agree to the payment terms presented to YOU at the time YOU sign up on the SITE.
B. SUBSCRIBERS are responsible for taking action prior to renewal if YOU do not want YOUR subscription to renew automatically. YOU might not receive further notice of YOUR renewal after submitting a listing, and must visit YOUR Subscription and Billing page to find out when YOUR account or subscription is set to renew. Subscriptions recur according to the specific renewal term elected at listing time, which may vary.
C. YOU are responsible to ensure that the credit card associated with YOUR account or subscription is up to date, that information posted in connection with it is accurate, and that YOU are authorized to use it. If the COMPANY cannot charge YOUR credit card, we may cancel YOUR subscription and YOU may lose access to the SERVICE and any data associated with YOUR subscription.
1. Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If the COMPANY has agreed to enter into an invoicing relationship with YOU, all invoices must be paid within 30 days. YOU agree that the COMPANY may charge interest of 1.5% per month for past due accounts and that YOU are liable for attorneys’ fees and reasonable collection costs arising from COMPANY’S efforts to collect on past due amounts.
2. Cancellation. For security reasons, an email or phone call to the COMPANY is not sufficient to cancel YOUR account or subscription, which YOU may cancel at any time by stopping recurring payments in the instance of listings which are not self-expiring. Cancellation does not entitle YOU to a refund.
3. No Refunds. COMPANY is not obligated to provide YOU a refund at any time. If YOU choose to cancel YOUR account during YOUR subscription term, YOU will not be refunded in whole or in part.
IV. USER Obligations Regarding USER Generated Content
A. Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a USER uploads, publishes or displays on the SITE or in connection with the SERVICE, whether publicly posted or privately transmitted shall be referred to herein as “USER Generated Content”.
1. USERS assume legal responsibility for all USER Generated Content.
2. USERS agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by YOUR posting, transmission or sharing of any USER Generated Content via the SITE or SERVICE.
3. USERS agree not to post, transmit, or share USER Generated Content on the SITE or SERVICE that USER does not have permission to post, transmit or share.
V. COMPANY Obligations Regarding User Generated Content
A. COMPANY assumes no obligation to and does not routinely pre-screen USER Generated Content posted via the SITE or in connection with the SERVICE. COMPANY does not guarantee the accuracy, integrity, appropriateness, quality, or validity of USER Generated Content. USER Generated Content does not necessarily represent the views or opinions of COMPANY and under no circumstances will COMPANY be liable in any way for any USER Generated Content, including without limitation any loss or damage of any kind incurred as a result of the use of any USER Generated Content posted, emailed, or otherwise transmitted via the SITE. As such, YOU are solely responsible at YOUR own expense for creating backup copies and replacing any USER Generated Content YOU post or store on the SITE or provide to COMPANY. Notwithstanding its lack of obligation, COMPANY may remove any USER Generated Content at any time at its sole discretion, including USER Generated Content that in the sole judgment of COMPANY violates this TOU or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. COMPANY assumes no obligation to maintain or store YOUR content. COMPANY may delete, modify or restrict the display of USER Generated Content at any time for any reason, including but not limited to change in Subscriber account level, SERVICE cancellation, violation of the TOU or violation of other McHenry Life Policies; once deleted, USER Generated Content may not be retrieved.
VI. COMPANY’s Permitted Use of USER Generated Content.
A. COMPANY does not claim ownership of USER Generated Content and subject to the rights granted to COMPANY in this TOU, YOU retain full ownership of all of USER Generated Content to the extent YOU would otherwise have intellectual property rights or other proprietary rights associated with it.
B. When YOU post USER Generated Content to the SITE, YOU authorize and direct COMPANY to make such copies as COMPANY deems necessary to facilitate the posting and storage of USER Generated Content on the SITE and provide the SERVICE to YOU.
C. YOU further authorize COMPANY to anonymize and aggregate USER Generated Content, including data associated with YOUR social media profiles, and use it, by way of example, for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the SITE, YOU grant the COMPANY, its affiliates and partners an irrevocable, perpetual, world-wide, royalty free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated USER Generated Content, in all present and future media, and in any manner relating to the SITE or SERVICE.
D. In addition, with respect to USER Generated Content that YOU elect to post or transmit on the community portions of the SITE (“Interactive Content”), including YOUR USER Profile, magazine, blog, directory, events, ratings, and reviews, and any other future COMPANY SITEs or SERVICEs that are designed to be viewed by the public or other Subscribers, YOU agree to grant to COMPANY, its affiliates and partners an irrevocable, perpetual, world- wide, royalty free, non-exclusive, transferable license (with the right to sublicense) to use, reproduce, translate, alter, publicly perform, publicly display, modify, adapt, publish, excerpt (in whole or in part) and distribute such Interactive Content, in whole or in part, in all present and future media and in any manner relating to the SITE or SERVICE (including, without limitation, in connection with the appearance of such Interactive Content on McHenryLife and on the sites of our affiliates, partners and others with whom COMPANY may have business relationships relating to the SITE) and the distribution and promotion of the SITE.
VII. SERVICE Limitations
A. COMPANY may establish limits concerning use of the SERVICE at its discretion, including by way of example the frequency with which YOU may access the SERVICE or YOUR ability to post User Generated Content. COMPANY reserve the right to modify or discontinue the SERVICE (or any part or feature thereof) at any time without notice. YOU agree that COMPANY shall not be liable to YOU or to any third party for any modification, suspension or discontinuance of the SERVICE.
VIII. Trademarks; Copyrights; Proprietary Rights
A. COMPANY owns the web & visual design, graphics, content, information compilation, and all other elements and components of the SITE.
B. COMPANY also owns the copyrights and other intellectual property and proprietary rights associated with the SITE Content, the SITE and SERVICE, which are protected by applicable intellectual and proprietary rights and laws.
C. USERS may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SITE Content in whole or in part except as expressly authorized in writing by COMPANY. COMPANY does not grant any express or implied rights in SITE Content to USERS, and all rights in and to the SITE and to SITE’s Content are retained and reserved by COMPANY.
IX. Copyright Infringement
A. If YOU believe that YOUR work has been used in a way that constitutes copyright infringement, or YOUR intellectual property rights have been otherwise violated, please notify COMPANY.
B. YOU must provide all of the following in writing: identify the copyrighted work that YOU claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the SERVICE that YOU claim is infringing; provide URL location of content; provide 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; provide a statement by YOU declaring that the notification is accurate, and, under penalty of perjury, that YOU are the exclusive owner of the copyright interest involved or that YOU are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit COMPANY to contact YOU, such as an address, telephone number, and email address; and YOUR physical or electronic signature.
C. Upon receipt of notice as described above, COMPANY will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the SERVICE or termination of the posting account.
X. USER Indemnification of COMPANY for Certain Actions
XI. COMPANY Warranties and Limitations
A. COMPANY provides the SERVICE “as-is.” COMPANY provides no express warranties, guarantees, or conditions related to the SITE or SERVICE. To the extent permitted by law, COMPANY disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, COMPANY does not warrant that the SITE or SERVICE will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a USER or Subscriber. USERS may have additional rights as a consumer under local law that this Agreement cannot change.
1. Liability Limitation; Exclusive Remedies for Users
a) YOU acknowledge that COMPANY cannot provide the SERVICE at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the SITE or SERVICE, YOU agree to limit COMPANY’s potential liability to YOU as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between COMPANY and YOU as a USER.
b) COMPANY does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the SITE or SERVICE, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the SITE. Under no circumstances will COMPANY or its affiliates be responsible for any loss or damage resulting from YOUR reliance on information or other content posted on the SITE or transmitted to or by any USERS.
c) To the extent permitted by applicable law, COMPANY shall not be liable for any consequential, special, or incidental damages or lost profits resulting from YOUR access to or use of the SITE or SERVICE, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes YOUR inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the SERVICE or any part thereof) the SITE or SERVICE. Without limiting the foregoing, YOU specifically acknowledge that COMPANY is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other USERS or third parties and that the risk of injury from the foregoing rests entirely with YOU. These limitations apply to any matter related to the SITE, SERVICE or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the SERVICE and other SERVICEs, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the SERVICE in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate YOU for any losses, or fails its essential purpose; or even if COMPANY knew or should have known about the possibility of the damages.
d) Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to USERS in these jurisdictions.
XII. Miscellaneous Clauses
A. Electronic Form. By accessing the SITE or SERVICE, YOU consent to have this Agreement provided to YOU in electronic form. Please print a copy of this Agreement for YOUR records.
B. Notices. If COMPANY must send YOU additional information regarding the SITE or SERVICE or in connection with this Agreement, YOU consent to receiving this information electronically. COMPANY may provide required information to YOU by email at any address YOU registered with the SITE or SERVICE or via the SITE or SERVICE itself. Notices provided to YOU via email will be deemed given and received on the transmission date. YOU understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. COMPANY is not obligated to notify YOU if changes are made to this Agreement, so please check the terms regularly.
C. Forum and Jurisdiction. This Agreement is governed by the laws of the State of Illinois, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Illinois; to which jurisdiction and venue YOU and COMPANY each irrevocably consent.
D. Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. USERS may not assign rights or delegate any duties under this Agreement. COMPANY may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.
XIII. Entire Agreement.