CAGG Terms and Conditions of Use (C0391298.DOC;1)

Chicago Auto Glass Group NFP

Terms and Conditions of Use

IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) CAREFULLY. By using thE CHICAGO AUTO GLASS GROUP NFP (“CAGG”) Website, You ("You") agree to be bound by theSE terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. YOUR USE OF THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS.

1. GENERAL RULES AND DEFINITIONS

1.1 Organizations using the Website are responsible for their employees, directors, officers, and agents as users of this Website. CAGG assumes no liability regarding any use of the Website by any user.

1.2 By using the Website You agree to regularly, but no less than every thirty (30) days, review these Terms for changes to these Terms. CAGG may change, add or remove portions of these Terms at any time, provided that CAGG will post any such changes on the Website. Such changes will be effective thirty (30) days after they are posted on the Website. IF ANY CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE THE WEBSITE. YOUR CONTINUING USE OF THE WEBSITE FOLLOWING THE EFFECTIVE DATE OF ANY CHANGES IN THESE TERMS INDICATES YOUR ACCEPTANCE OF SUCH CHANGES.

1.3 CAGG may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. CAGG may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.

2. CAGG CONTENT

2.1 The contents of the Website are intended for Your use solely as provided in these Terms. All materials published on or provided through the Website (including, but not limited to software and written materials, referred to in these Terms as the “Content”) and owned or controlled by CAGG, the respective authors, publishers or the party credited as the provider of the Content. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website.

2.2 The Website and the Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Website (including software) in whole or in part.

2.3 You may use the Website and the Content for the purposes indicated on the Website (for example, to show support for the work of CAGG). You may download or copy the Content and other downloadable items displayed on the Website for Your internal business use only, provided that You maintain all copyright and other notices contained therein. Copying or storing of any Content other than for this specific use, as well as any other use of the Content, is expressly prohibited without prior written permission from CAGG and any other copyright holder identified in the copyright notice indicated for the Content. Under no circumstances may You sell, transfer, lease, rent, license or sublicense the use of the Content or any part of the Content to any party.

3. ACCESS AND AVAILABILITY OF WEBSITE AND LINKS

3.1 CAGG may contain links to other World Wide Web Internet sites and resources. These remote sites are operated by third parties and not by CAGG. CAGG provides these links to You solely as a convenience, and the inclusion of any link does not imply endorsement by CAGG of the remote site or its affiliates, or any materials contained within. Such sites are not under the control of CAGG, and CAGG is not responsible for the availability, accuracy, or any information, content, products or services accessible from such sites. You should direct any concerns regarding any external link to the site administrator or webmaster of such site.

4. REPRESENTATIONS AND WARRANTIES

4.1 You represent and warrant that You will: (a) provide true, accurate, and current registration information about You and your company (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate and current. If You provide any information that is untrue, inaccurate or not current, CAGG may suspend or terminate Your registration and refuse any and all current or future use of the Website by You.

4.2 You represent, warrant and covenant that no materials of any kind submitted through the use of the Website (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain otherwise unlawful material. You agree to indemnify, defend and hold harmless CAGG, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You (or any user of Your registration, if you are a registered user) of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. CAGG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

4.3 CAGG does not represent or endorse the accuracy or reliability of any third party advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website, any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk.

4.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAGG MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF CAGG. CAGG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4.5 USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL CAGG, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CAGG, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF CAGG OR THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY. THE TOTAL LIABILITY OF CAGG HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE WEBSITE. YOU HEREBY RELEASE CAGG FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

5. SECURITY

5.1 You shall notify CAGG of any known or suspected unauthorized use(s) of Your registration or any known or suspected breach of security.

5.2 You are responsible for Your use of the Website, including any fraudulent, abusive, or otherwise illegal activity. In the event of such activity CAGG may refer You to appropriate law enforcement agencies.

6. COMMUNICATIONS BETWEEN CAGG REGISTERED USERS

6.1 CAGG reserves the rights to (i) use and disclose the certain registration and contact data to generate and distribute reports concerning support for the activities of CAGG; and (ii) disclose any registration data or other information in its possession to comply with any applicable law, regulation, or to comply with any governmental or agency request. For more information, see our Privacy Policy.

6.2 CAGG reserves the right to send electronic mail to You for the purpose of informing You about the activities of CAGG and for purposes of informing You about changes or additions to the Website. For more information, see our Privacy Policy.

7. SOFTWARE LICENSES

7.1 You shall have no rights to the proprietary software and related documentation obtained through the use of the Website other than the right to use the software as indicated in the license for such software. This includes any software that You downloaded from a link on the CAGG Website. You may not sublicense, assign or transfer any such license except as provided in such license.

8. CANCELLATION OF REGISTRATION

8.1 If You are a Registered User of the Website, You may terminate Your registration at any time. To terminate Your registration, send an e-mail message to CAGG@chicagoautoglassgroup.com. CAGG will use its reasonable efforts to remove Your name from its list of registered users following such notice.

8.2 CAGG may, in its sole discretion, terminate or suspend Your access to all or part of the Website for any reason.

9. MISCELLANEOUS

9.1 This Website is directed to and intended for use solely by United States residents and businesses. You agree that these Terms shall be construed and enforced in accordance with Illinois law, without regards to its laws that direct the application of the laws of another state. Any action to enforce these Terms shall be brought exclusively in the federal or state courts located in Cook County, Illinois. You consent to the personal jurisdiction of such courts.

9.2 Notwithstanding any of the foregoing, nothing in these Terms will serve to preempt the terms and conditions of the CAGG Privacy Policy.