ACCEPTANCE OF TERMS
Tuck Magic part of Matcole Properties, LLC, an Illinois limited liability company (“Tuck Magic”), makes this website, www.tuckmagic.com, (the “Site”), including all information, documents, communications, files, text, graphics, software, products and services available through the site (collectively, the “Materials”) and all services operated by Tuck Magic and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Tuck Magic may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Tuck Magic reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
You must be 18 years of age or older to purchase products available on this Site.
DEFINED TERMS
All user-
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Tuck Magic does not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Products or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Products offered by Tuck Magic, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). These Third Party Services, which include helpful materials, articles, and services, may be provided through the Tuck Magic blog (at http://www.tuckmagic.com/companyblog.php). The Third Party Services may be governed by separate license agreements that accompany such services. Tuck Magic offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold Tuck Magic responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Tuck Magic Content and User Content available on this Site subject to the following conditions:
1. The Tuck Magic Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Tuck Magic Content and User Content may not be modified or altered in any way.
3. The Tuck Magic Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Tuck Magic Content.
5. Tuck Magic reserves the right to revoke the authorization to view, download, and use the Tuck Magic Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Tuck Magic.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Tuck Magic Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Tuck Magic and/or other perspective companies. You are not permitted to use the Marks without the prior written consent of Tuck Magic.
LICENSE TO TUCK MAGIC FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant Tuck Magic the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Tuck Magic a worldwide, royalty-
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s use of the Site; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Tuck Magic; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.
MANAGING CONTENT AND COMMUNICATIONS
Tuck Magic reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Tuck Magic may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Tuck Magic will have no liability related to User Content. Tuck Magic disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Tuck Magic, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-
You understand and acknowledge that (i) Tuck Magic does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including third party content accessible through links on the Site (accessible through the Site blog or otherwise); (ii) Tuck Magic makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Tuck Magic shall not be liable or responsible for any content, products, or services offered by third parties.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or Smartphone, loss of data, or other harm that results from such activities. Tuck Magic assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Tuck Magic or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein and in our Privacy Policy, your personal information will be deemed to be confidential. Any non-
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Tuck Magic, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation personal injury or death, whether or not Tuck Magic has been advised of the possibility of such damages and injury, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Tuck Magic, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Tuck Magic from its offices within the state of Illinois, United States of America. By accessing this Site, you and Tuck Magic agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof. You and Tuck Magic also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Illinois with respect to such matters.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential binding arbitration in Cook County, Illinois, except that, to the extent you have in any manner violated or threatened to violate Tuck Magic’s intellectual property rights, Tuck Magic may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, software licenses and disclaimers posted on the Site constitute the entire agreement between Tuck Magic and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Tuck Magic to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision
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