Thomas
Blaige & Company LLC Website Terms of Use,
Privacy Policy and Disclaimer
Revised: May 2005
Website Terms Of Service
Terms and Conditions of Use
Please read these terms and conditions
carefully. By accessing this website you are indicating
that you have read, acknowledge and agree to be
bound by these terms and conditions (also referred
to as an “agreement” here). Your agreement
shown by accessing and using this website is as
legally binding as if you signed a written document.
If you do not agree to all these terms and conditions,
do not access this website. Thomas Blaige &
Company LLC (referred to as “Blaige &
Company” or “us” or “we”)
may change these terms and conditions, and you
are responsible for regularly reviewing and complying
with them. Your continued use of this website
constitutes your agreement to all those terms
and conditions. PLEASE NOTE that this agreement
contains important sections below, including a
provision requiring you to litigate all disputes
relating to your use of this website in Chicago,
Illinois.
General Information
This website comprises various websites
and pages operated by Blaige & Company and
the information contained therein (together, the
"website"). Certain sections of the
website may contain separate terms and conditions,
which are in addition to this agreement. You should
read those additional terms and conditions carefully.
By accessing such sections or pages, you agree
to be bound by those additional terms and conditions.
In the event of a conflict, those additional terms
and conditions will govern your use of those sections
or pages. We may terminate your access to the
website or any part of it at any time with or
without notice, in our sole discretion. You may
not attempt to gain unauthorized access to the
website, or computer systems or networks connected
to the website, through hacking, password or data
mining, or any other means to circumvent security
procedure. You may not use bots, spiders or intelligent
agent software (or other methods) for any purpose
other than accessing publicly posted portions
of the website and then only as authorized by
the license we provide to you below under “Proprietary
Rights”. Unauthorized use of our website
and systems, including, but not limited to, unauthorized
entry into Blaige & Company’s computer
networks and systems, or misuse of passwords is
strictly prohibited. “Unauthorized use”
includes using the publicly available information
for purposes which are (I) not authorized by this
agreement, or (II) not consistent with the license
set out below in the section titled “Proprietary
Rights”. You may not use the website in
any manner that could damage, disable, overburden,
or impair the website or any service we provide
or interfere with any other party’s use
and enjoyment of the website or any service we
provide. You agree that any information you provide
to us through the website will be correct and
complete. The information and materials on the
website may contain errors or inaccuracies, including
both typographical and substantive errors. We
reserve the right, in our sole discretion, without
any obligation and without any notice requirement,
to discontinue, change, improve or correct the
information, materials and descriptions on the
website and to suspend or deny access to the website
for scheduled or unscheduled maintenance, upgrades,
improvements or corrections. Any dated information
is published as of its date only, and we have
no responsibility to update or amend any such
information.
Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES
ON THE WEBSITE ARE PROVIDED ON AN "AS IS,"
"WHERE IS" AND "WHERE AVAILABLE"
BASIS AND ARE USED ONLY AT YOUR SOLE RISK. WE
AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE,
NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED
SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE
WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT
WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS
WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY
LIABILITY TO YOU, INCLUDING REGARDING (I) THE
USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE
OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO
OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE
AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE
IN CONNECTION WITH ANY USE OF THE WEBSITE. WE
SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER
VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE
THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE,
DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT,
OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION
OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE,
DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED
BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES
CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO
ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED
TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
BLAIGE & COMPANY AND ITS AGENTS
AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY
WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST
PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU
MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH
DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF
THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE,
OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY,
ACCURACY, COMPLETENESS OR TIMELINESS THEREOF,
(III) ANY DELAYS OR ERRORS IN THE TRANSMISSION
OR DELIVERY OF ANY INFORMATION OR ANY PART OF
THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD
PARTIES OF ANY INFORMATION YOU PROVIDE TO US,
OR (V) ANY OTHER REASON EVEN IF BLAIGE & COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notices
Our notices to you may include notice
of important changes to this agreement. We may
send any notice to any address you provide, including
email addresses, so it is important that all such
information you provide to us be accurate.
Proprietary Rights
All right, title and interest in the
website is the exclusive property of Blaige &
Company, except as otherwise stated. You may not
access, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, frame, create
derivative works from, transfer, or otherwise
use in whole or in part any part of the website,
except for the purposes expressly provided herein,
without our prior written approval. If you download
any information or software from the website,
you agree that you will not remove or obscure
any copyright or other notices or legends contained
in any such information. You also agree to prevent
any unauthorized copying of Blaige & Company
materials. You have a limited, personal, non-transferable,
non-exclusive license to view and copy the publicly
accessible information on this website for your
personal noncommercial use, and only on one computer.
You are not permitted to resell or transfer any
information obtained from this website to anyone
else. This license can be terminated by us at
any time, at which time you must destroy all copies
of the licensed materials. This license is conditioned
on your continued adherence to all the terms of
this agreement. Blaige & Company, the Blaige
& Company logo and other Blaige & Company
servicemarks and trademarks which appear on the
website are trade names and trademarks of Blaige
& Company. Blaige & Company and Blaige
are trade names for Thomas Blaige & Company
LLC. The names of other actual companies and third-party
products or services mentioned herein are the
trade names or trademarks of their owners. You
may not use any trademarks for any purpose including,
but not limited to, use as metatags on other sites
on the World Wide Web without the prior written
permission of Blaige & Company or the third
party which owns the marks.
Use of Links
The website may contain links to and
be linked from third-party websites. These links
are provided only as a convenience and do not
imply an affiliation, sponsorship, endorsement,
approval, investigation, verification or monitoring
by Blaige & Company of any information contained
in any third-party website. We are not responsible
for the information contained on that site or
your use of or inability to use the website. If
you choose to connect to a third-party website,
Blaige & Company makes no warranties, either
express or implied, concerning the content of
such site, including the accuracy, completeness,
reliability, or suitability thereof for any particular
purpose, nor does Blaige & Company warrant
that such site or content is free from any claims
of copyright, trademark, or other infringement
of the rights of third parties or that such site
or content is devoid of viruses or other contamination.
You should also be aware that the terms and conditions
of such site and the site’s privacy policy
may be different from those applicable to your
use of our website.
User Communications
Any information or communication you
provide at this Website shall be deemed to be
non-confidential. Blaige and Company may use such
information or communication in any way it chooses.
Please see the Privacy Policy that is part of
this Website for information with respect to our
use of information we collect about visitors.
Indemnification
You hereby indemnify and hold harmless
Blaige & Company and its directors, officers,
employees, control persons, vendors, licensors
and agents, from and against any and all claims,
actions, proceedings, losses, liabilities, damages,
costs and expenses (including reasonable attorney’s
and experts’ fees and costs) arising out
of or related to (i) any use or access by you
(or on your behalf) of the website; (ii) any breach
by you of any agreements, or representations and
warranties contained in these terms and conditions,
(iii) any access to or use of the website by you
in violation of any rights of Blaige & Company
or any third party, including, but not limited
to, copyright, patent, trade secret, trademark,
or other intellectual property rights and publicity
and privacy rights, (iv) any access to or use
of the website by you in violation of any applicable
law, rule or regulation, or (v) any unauthorized
access of, or through, the website to any computer
system.
Full and Complete Agreement Regarding
Website
These terms and conditions represent
the complete and exclusive statement of the agreement
between you and us regarding your rights to access
and use the website, and supersedes all prior
agreements and representations (whether written
or oral), regarding this subject matter, except
as is otherwise provided herein. This agreement
is in addition to, and does not nullify, any other
agreement between you and Blaige & Company
governing the conduct of your relationship with
Blaige & Company.
Other Terms
No waiver, modification or amendment
of any of these terms and conditions shall be
effective against Blaige & Company unless
it is in writing and signed by an authorized official
of Blaige & Company. We do not waive any power
or right under this agreement even if we don’t
always insist on strict compliance with any of
these terms and conditions, or if we delay or
fail to exercise any power or right given to us
in this agreement. All rights and remedies given
to Blaige & Company in these terms and conditions
are cumulative and not exclusive of any other
rights or remedies which Blaige & Company
otherwise has at law or equity. These terms and
conditions shall be binding upon you and your
executors, heirs, successors and assigns. These
terms and conditions and your rights and obligations
hereunder may not be assigned by you without the
prior written permission of Blaige & Company
and shall inure to the benefit of Blaige &
Company’s successors and assigns whether
by merger, consolidation or otherwise. Blaige
& Company may assign this agreement or any
of its rights or obligations under these terms
and conditions. Any cause of action you may have
with respect to your use of the website must be
commenced within one (1) year after the claim
or cause of action arises. If for any reason a
court of competent jurisdiction finds any provision
of these terms and conditions to be unenforceable,
that provision shall be enforced to the maximum
extent permissible so as to effect the intent
of these terms and conditions, and the remainder
of these terms and conditions shall continue in
full force and effect. A printed version of these
terms and conditions shall be admissible in judicial
or administrative proceedings.
Choice of Law and Personal Jurisdiction;
Jury Trial
This Site is controlled by Blaige &
Company from its offices within the State of Illinois,
United States of America. Blaige & Company
makes no representation that the materials in
the website are appropriate or available for use
in other locations, and access to them from locations
where their content is illegal is prohibited.
Those who choose to access this website from other
locations do so on their own initiative and are
responsible for compliance with applicable local
laws. You may not use or export the materials
in violation of U.S. export laws and regulations.
Any claim relating to the materials shall be governed
by the internal substantive laws of the State
of Illinois.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR
FEDERAL COURT LOCATED IN THE COUNTY OF COOK, STATE
OF ILLINOIS AND THE PARTIES UNCONDITIONALLY WAIVE
THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS.
© 2005 Thomas Blaige & Company LLC. All
rights reserved. Unauthorized duplication is prohibited.
Privacy Policy
This Policy applies only to information
collected at this Website. It does not apply to
information collected by us, or on our behalf,
in person, through the mail, by telephone or any
other means. This policy is effective as of January
1, 2005. By using our Website, you consent to
the terms of our Privacy Policy and to our use
of your Personal Information as described here.
Introduction & Personal Information
We at Thomas Blaige & Company LLC
respect your online privacy and recognize your
need for appropriate protection and management
of your personally identifiable information ("Personal
Information") that we acquire in your use
of our Website. We may collect Personal Information
from you; if we do, you will be expressly asked
for it so that you know what information you are
providing. For example, we may ask for this information
when you download a document from our Website.
Personal Information we may ask for includes your
name, e-mail address, the company your work for,
address, phone, fax numbers, your title, whether
you are a client of ours, and other information
that can be used to identify you. We also collect
non-Personal Information, described below.
Non-Personal Information
We use reporting technologies on our
Website to record non-personal information such
as Internet domain and host names; Internet protocol
(IP) addresses; the page you request, your browser
software and operating system types; clickstream
patterns; and dates and times that our Website
is accessed. We analyze this information for trends
and statistics. Our use of tracking technologies
allows us to improve our Website and your experience,
helps us understand the demographics of our user
base, and suggests the sorts of announcements
you are likely to have an interest in.
Our web pages utilize "cookies." A "cookie"
is a small text file placed on your computer’s
hard drive that allows our Website to recognize
you as a prior user, determine which pages you
have previously seen, and so on. We also use cookies
to deliver content to you that you might be particularly
interested in. We cannot determine your identity
from our use of cookies. We store the information
collected through cookies in our databases. You
may be able to configure your browser to notify
you if you receive a cookie, to block cookies,
or to remove cookies from your computer. However
if you do so, it will be more difficult for you
to navigate our Website.
These technologies are not designed to identify
you. It may be possible to identify you and your
online actions with the use cookies and IP addresses,
but only in conjunction with Personal Information
you have voluntarily provided to us.
Protection of Personal Information
We restrict access to the Personal Information
we have collected from or about you, as described
above, to those employees who need to know the
information to provide products and services to
you. We maintain physical, electronic and procedural
safeguards to guard your Personal Information.
Despite our use of commercially reasonable efforts
to protect your Personal Information from unauthorized
access or disclosure, the internet is not an inherently
secure environment and so we cannot guarantee
the security of your Personal Information. We
assume no liability for any disclosure of data
due to errors in transmission, unauthorized third
party access or other acts of third parties, or
acts or omissions beyond our reasonable control.
Use of Personal Information
We collect Personal Information when
you sign up to receive newsletters that we publish,
request information regarding an event we sponsor,
and otherwise as needed to fulfill your requests
for information, products, and services, and to
contact you. When we collect this information,
you will know it because you will need to submit
this information to us in order to receive the
information, product, or service you requested.
We use Personal Information primarily for our
own internal purposes, such as evaluating what
aspects of the Website need improvement, fulfilling
your requests for information, products, or services,
and communicating with you.
We also use Personal Information for our direct
marketing purposes, and we will use the information
to send you announcements and invitations that
we think you may be interested in. You can contact
us at webmaster@blaige.com if you have issues
with questions or issues. We cannot delete all
the Personal Information that you provide to us,
even if you ask us to do so.
Disclosure of Personal Information
In the ordinary course of our business,
we do not rent or sell any Personal Information
we collect from or about you. We may disclose
your Personal Information as permitted by law
and may also be required to disclose your Personal
Information to governmental or regulatory entities
in response to regulatory inquiries in connection
with investigations or to comply with applicable
law, rules, regulations, orders subpoenas, or
other legal processes.
We may disclose all of the information we collect
from or about you, including Personal Information,
as described above, to companies that perform
marketing services on our behalf or to other financial
institutions with whom we have joint marketing
agreements. These third-party service providers
help us maintain our Website and deliver information,
products, and services to you and other users
of our Website, and help us analyze our Website
traffic. The companies we hire to provide such
support services are not allowed to use your Personal
Information for their own purposes and are contractually
obligated to protect your Personal Information.
We do not transfer Personal Information to third
parties for their use as a mailing list or for
other advertising purposes. As an exception, your
Personal Information may be used by any company
with which we merge, acquire or are acquired by;
we may also use it in the event of bankruptcy.
In the event our Privacy Policy is modified due
to such merger, acquisition, bankruptcy, or for
any other reason, notice of the revised Privacy
Policy will be posted on this Website.
Third Party Websites
You may be able to access third-party
Websites directly from our Website. We cannot
control how third parties may use Personal Information
you disclose to them, so you should carefully
review the privacy policy of any third-party web
site you visit before using it or disclosing your
Personal Information to it. We do not accept the
responsibility for the privacy policies of those
sites.
****
Protecting your privacy online is an evolving
area, and our Website is constantly evolving to
meet these demands. We therefore reserve the right
to modify this Privacy Policy at any time. Notice
of any modifications to this Privacy Policy will
be posted on the Website. Your continued use of
our Website after we notify you of changes to
this statement or post a modified Privacy Policy
on this Website will constitute your acceptance
of those modifications.
© 2005 Thomas Blaige & Company LLC. All
rights reserved. Unauthorized duplication is prohibited.
Disclaimer
Thomas Blaige & Company LLC gathers
its data from sources it considers reliable. However,
it does not guarantee the accuracy or completeness
of the information provided within this publication.
© 2005 Thomas Blaige & Company LLC. All
rights reserved. Unauthorized duplication is prohibited.
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