Last updated: November 19, 2020
These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Services.
Links to Other Websites
Our Services may contain links to third-party web sites or services that are not owned or controlled by Mack & Associates, Ltd.
Mack & Associates, Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Mack & Associates, Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Intellection Property Rights
Except for User Content, as defined in the Terms, all of the content, arrangement and layout of the Sites and Services, including, but not limited to, any trademarks, service marks, product names, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, and other content or copyrightable material, and the compilation of the foregoing (collectively, the “Content”) are the sole and exclusive property of Mack & Associates, Ltd. The Sites and Services also contain valuable service marks owned and used by Mack & Associates, Ltd., which distinguish Mack & Associates, Ltd. quality services. Any unauthorized use of the Content is strictly prohibited and may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, and the laws of privacy and publicity.
In these terms, your “user content” means any material that you submit to the Services, for whatever purpose. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Services for the purpose of use on the Services or by Mack & Associates, Ltd.
When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree that any User Content you provide shall comply with the following rules (“Posting Rules”):
- User Content shall not include any material that is protected copyright, trademark, trade secret, or patent, or is otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mack & Associates, Ltd. all of the license rights granted herein.
- User Content shall not contain any false or misleading statements or any misrepresentations of any nature, or false or fictitious names, and or in any way attempt to impersonate another person.
- User Content shall not contain material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
- User Content shall not contain any advertisements for any business or solicitations of business.
This list of prohibitions provides examples and is not complete or exclusive. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mack & Associates, Ltd. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mack & Associates, Ltd. reserves the right to edit or remove any material submitted to the Service, or stored on Mack & Associates, Ltd. servers, or hosted or published upon the Service.
You consent to receive electronic communications from Mack & Associates, Ltd. either in the form of emails sent to you at the email address listed provided or by communications posted on the Sites or in the Services. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and/or Services shall satisfy any legal requirement that such communication be in writing.
The Services is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mack & Associates, Ltd., on its own behalf and on behalf of service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mack & Associates, Ltd. provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Mack & Associates, Ltd. nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of Mack & Associates, Ltd. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
IN NO EVENT SHALL MACK & ASSOCIATES, LTD., AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“MACK & ASSOCIATES, LTD. PARTIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ACCESS TO OR USE OF OUR SITES OR SERVICES OR ANY CONTENT POSTED THEREON, ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES OR SERVICES BY ANY THIRD-PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MACK & ASSOCIATES, LTD. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The laws of the State of Illinois, excluding its conflicts of law rules, shall govern this Terms and your use of the Services. Your use of the website may also be subject to other local, state, national, or international laws.
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting Mack & Associates, Ltd.
You agree to defend, indemnify and hold harmless Mack & Associates, Ltd., its offices, its directors, and its employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites and/or Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or publicity or privacy right; or (iv) any claim that your User Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms and your use of the Sites and/or Services.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
Mack & Associates, Ltd. may modify and amend the Terms in any manner at any time by posting a change notice on the Sites or posting the new or revised Terms on the Sites. Your continued use of the Sites, or the Services available at the Sites, constitutes your prior acceptance of any such amendment and the most current version of the Terms posted on the Sites. We encourage you to visit the Sites regularly to check on any updates or revisions to these Terms
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Services will cease immediately.
If you have any questions about these Terms and Conditions, you can contact us:
- By mail: 100 N LaSalle St, Suite 2110, Chicago, IL 60602, United States