PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our users, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree with our Terms and Conditions of Use, your sole remedy is to discontinue your use of this web site. ACCEPTANCE OF AGREEMENT This agreement (“Agreement”) is between (“You”) the (“User”) and Chicagofuncoupons.com dba/ Chicagofun.com LLC to be referred to as stated in this agreement but not limited to (“Chicagofun.com LLC.”) or (“Chicago Fun”) or (“We”) or (“Us”) or (“Site(s)”). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By using a Chicagofun.com LLC web Site, you agree to be bound by all the terms and conditions set forth in this Agreement, including the privacy policy. PRIVACY POLICY We are committed to your privacy, and we value your trust. Our Privacy Policy, which may change from time to time, is a part of this Agreement. Please feel free to read our Privacy Policy. SUBMISSIONS All suggestions, ideas, notes, concepts and other information that you may from time to time post on the Site or submit to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions. EDITING, DELETING, MOVING, MODIFICATION ChicagoFun reserves the right at our sole discretion, for any reason, and without notification to delete, edit, or move any information on the Site or any information posted or provided by any user anywhere on the Site. ACCURACY AND SUITABILITY OF CONTENT ChicagoFun makes no representations about the accuracy, quality, content, suitability, or legality of any materials provided on the Site or any other materials which are referenced by or linked to on the Site for any purpose. Information provided by Site users, including but not limited to forums posts and user comments, is provided in good faith, and ChicagoFun does not guarantee its accuracy and nor bear any responsibility for the actions of or information provided by Site users. ChicagoFun shall have no liability to any person or entity with respect to any loss or damage caused by or alleged to be caused directly or indirectly by the information contained within the Site. Should you choose to use information contained on the Site, you do so of your own volition and discretion and at your own risk. ChicagoFun may update or make changes to the content on the Site at any time without notice; however, ChicagoFun makes no commitment to update the information contained herein. LINKS TO OTHER WEB SITES This Site contains links to other web sites. ChicagoFun is not responsible for the content, accuracy, opinions, or privacy practices or the content of such web sites as we do not investigate, monitor or check them for accuracy or completeness. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. We are not responsible if you have not received an item(s) that you have ordered through another web site. If you haven’t received your item(s) please understand that many companies send their items out nearly 8 to 10 weeks after your request. If you still haven’t received your item after this allotted time, we suggest that you contact the company that was offering your item directly using their contact information. TRADEMARKS, LOGOS, AND PRODUCTS Neither Chicagofuncoupons.com nor its parent company, Chicagofun.com LLC., claim to or imply to be directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the products listed on this web site, and in no way claim to represent or own their trademarks, logos, marketing materials, or products. None of the companies that produce, manufacture, promote, or distribute the products listed on this website own, endorse, or promote chicagofuncoupons.com.com or Chicagofun.com LLC. THIRD-PARTY SERVICES We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. THIRD-PARTY MERCHANT POLICIES All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. PAYMENTS You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. NONTRANSFERABLE Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you. LIMITED RIGHT TO USE The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). COPYRIGHT The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by in the “Limited Right to Use” section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. USE OF INFORMATION We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our privacy policy. DISCLAIMERS AND LIMITATION OF LIABILITY THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. All users access and complete third party web sites and offers at their own risk. ChicagoFun is not responsible for the terms and conditions of any of the affiliated websites or partner offers accessible through the Site. ChicagoFun respects your privacy. However, we are not responsible for unsolicited emails, pop-ups or any other form of unwanted advertisements as a result of signing up for any of the advertised offers on our web site(s). We are not responsible for any charges incurred or contracts between you and the advertiser of an offer. In no event will ChicagoFun be liable for any incidental, consequential, or indirect damages arising out of the use of or inability to use the Site or any service or products provided. It is solely your responsibility to evaluate the accuracy, completeness, usefulness of all opinions, advice, services, merchandise and other information provided through ChicagoFun web sites. In no event shall ChicagoFun be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profit, exemplary, punitive or consequential damages, each of which is hereby excluded by agreement between you and ChicagoFun regardless of whether or not ChicagoFun has been advised of the possibility of such damages. You also understand that ChicagoFun may contain unedited materials which may be offensive to you, and ChicagoFun has no control over and accepts no responsibility whatsoever for such materials that are shown on this web site. INDEMNIFICATION You agree to indemnify, defend and hold harmless Chicagofun.com LLC., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. GOVERNING LAW You agree that all actions or proceedings arising directly or indirectly out this Agreement or your use of the Site shall be brought in the state or federal courts located in DuPage County, Illinois and you hereby expressly submit and consent in advance to the exclusive jurisdiction and venue thereof and are waiving any claim that this is an inconvenient forum or improper forum based on lack of venue. You agree to comply with the laws of Illinois and the United States that apply to the use of this Service. This Site is created and controlled by Chicagofun.com LLC. in the State of Illinois, USA. As such, the laws of Illinois will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws. If the law of your country, state, or province of residence prohibits or limits your participation in this service, then you are responsible for complying with such laws and you agree to indemnify Chicagofun.com, LLC. against any breach by you. UPDATES TO THIS AGREEMENT This Agreement may be modified by ChicagoFun from time to time, with or without notice to you. You accept any modification by using the Service after the modifications have become effective. If you object to any modification, your remedy is cancellation of your account, or cease to use this website. Last Updated 09/09/2009 |