Modification of Terms. Illinois reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason with or without notice to you. Illinois may change the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access to the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. No modifications to the Terms made by you will be binding, unless expressly authorized in writing by Illinois.
Prohibited Uses. As a condition of your use of the Site, you agree that you shall not: (1) use the Site for any purpose that is unlawful or prohibited by these Terms; (2) use the Site in any manner that could damage, disable, overburden, or impair any other party’s use and enjoyment of the Site; (3) decompile, disassemble, or otherwise reverse engineer the software; (4) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the Materials; (5) use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Materials without Illinois’ prior express written permission; (6) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site; (7) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Sponsorship. Illinois reserves the right to obtain sponsorship for maintaining the Site and to display icons and links of third parties on the Site. In no event shall Illinois be responsible for the viewing of unacceptable or offensive content after leaving the Site using third party links.
Compliance with Laws. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site. The Site is available only to individuals who are permitted to use it under applicable law. If you do not qualify, you shall not use the Site. You agree not to impersonate any person or entity of falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Site in accordance with these Terms.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE MATERIALS, AND THE SUPPORT SERVICES RELATED THERETO IS AT YOUR SOLE RISK. THE SITE, THE MATERIALS, AND ANY SUPPORT SERVICES RELATED THERETO, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. ILLINOIS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ILLINOIS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE, THE MATERIALS, OR THE SUPPORT SERVICES RELATED THERETO WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ILLINOIS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OR ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SITE WILL BE CORRECTED. ILLINOIS DISCLAIMS ANY WARRANTY THAT THE SITE, THE MATERIALS, OR THE SUPPORT SERVICES RELATED THERETO ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE, THE MATERIALS, AND/OR THE SUPPORT SERVICES RELATED THERETO.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS OR THE SUPPORT SERVICES RELATED THERETO, EVEN IF ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND/OR AGENTS HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND AGREE NOT TO MAKE A CLAIM AGAINST ILLINOIS, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, STUDENTS, EMPLOYEES, CONSULTANTS AND/OR AGENTS FOR LOST DATA, SERVICE INTERRUPTIONS, SYSTEM FAILURES, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS IN CONNECTION WITH THE SITE, THE MATERIALS, OR THE SUPPORT SERVICES RELATED THERETO.
Exclusions and Limitations. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the above limitation or exclusion may not apply to you. To the extent that Illinois may not, as a matter of law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify Illinois, its trustees, directors, officers, faculty, staff, students, employees, consultants and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, arising out of or relating to use of the Site by you and or any other person accessing the Site using your login and password. Illinois reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with Illinois’ defense of such claim.
Third Party Beneficiary. The provisions of these Terms apply for the benefit of Illinois and its trustees, directors, officers, faculty, staff, students, employees, consultants and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Intellectual Property. The software used on this Site and the trademark BracketOdds are owned by the Board of Trustees of the University of Illinois. All other trademarks contained in this Site are and remain the property of their respective owners. No licenses or other rights in or to such software and/or trademarks are granted to you by these Terms.
Consent to Use Data. You agree that Illinois may collect and use technical information gathered through your use of the Site, the Materials, and any support services related thereto, provided that Illinois does not disclose this information in a way that personally identifies you.
Governing Law. These Terms are governed by the laws of the State of Illinois, excluding its conflict of laws provisions.
Export Control. Materials may be subject to U.S. export controls and trade laws and foreign export or import laws and regulations. You agree to strictly comply with all such laws and to obtain such licenses as may be required. You warrant that you are not identified on any current U.S. export or trade exclusion lists or located in or a national of countries that are prohibited from participating in this Site by reason of U.S. embargo or other trade prohibitions as specified in the U.S. export and trade laws, including but not limited to the Commerce Department’s Export Administration Regulations (EAR) and the Treasury Department’s Office of Foreign Assets Control regulations.
Miscellaneous. These Terms, including any terms incorporated by reference or amendments or addendums, constitute the entire agreement between you and Illinois regarding their subject matter and supersede any prior versions, as well as any prior or contemporaneous oral or written communications, arrangements, courses of conduct or agreements regarding their subject matter. You shall not assign or transfer your rights to use the Site and/or the Materials. Any express waiver or failure by Illinois to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of the Terms, which shall remain in full force and effect. Paragraph headings and captions are for convenience only and are not to be considered in determining the meaning or effect of these Terms. Rights and obligations under these Terms other than provisions that authorize you to use or access the Site or Materials will remain in effect after termination of your use of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Illinois as a result of these Terms or your access to or use of the Site. These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Illinois without restriction.
Form approved by University Counsel, EAR, April 2009.
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