RELAY, INC. INTERNET SITE PRIVACY POLICY, TERMS & CONDITIONS PLEASE READ THE FOLLOWING CAREFULLY.
Welcome to the Relay, Inc. (“Relay”) website the (“Site”). To make the Site fun, useful and informative, we ask that all the visitors adhere to our terms and conditions. By visiting and using the Site, you are accepting, without limitation or qualification, the terms and conditions described below (the “Terms & Conditions”).
Please read these Terms & Conditions carefully before using the Site. By using the Site, you are acknowledging that you have read, understood, and agree to be bound by the Terms & Conditions described below as if you had signed them. If you are not willing to be bound by these Terms & Conditions, you may not visit the Site.
We may change these Terms & Conditions at any time, and such changes shall be deemed effective immediately upon posting on the Site. If you continue to use the Site after we post a change shall you will be deemed to have accepted the changes to the Terms & Conditions. We recommend that you read these Terms & Conditions each time you visit the Site so that you are aware of any changes.
USE OF SITE
You may freely browse and download material from the Site. You may use materials you download from the Site only for personal, non-commercial use provided you retain intact all copyright and other proprietary notices.
You may not copy, distribute, modify, transmit, reuse, repost, sell, reproduce, republish, upload, post or otherwise use any materials you download for public or commercial purposes without our express written permission. You must preserve and retain all copyright and other proprietary notices contained in downloaded materials. Unless otherwise noted, all contents of the Site are the copyrighted work of Relay and/or of our affiliated companies.
PRIVACY POLICY
When you visit the Site, your browser automatically sends us an IP (Internet Protocol) address and certain other information (including the type of browser you use). We may use this IP address and other information to give you access to the Site and otherwise to administer the Site. In certain parts of the Site, we may ask you to provide us with personal information so that we can provide you with information you request. You are under no obligation to provide us with this information, but without it, we may not be able to provide you the information you request. The Site also may include certain features that allow you to communicate with us by electronic means such as email. You are responsible if you choose to use these communication features to provide personally identifying information to us (such as by including your name in the body of an e-mail message). When you provide any personally identifying information to us, you affirm that you are knowingly and voluntarily providing us the information. We may respond to the electronic communication messages you send us. The use of cookies and other information is used to optimize the viewing experience, troubleshoot any problems and better serve content.
We work to ensure that the personally identifying information you do intentionally provide us remains private. We will not sell, rent, or trade the personally identifying information you provide to anyone outside of Relay unless we are required to do so by law. Please be aware, however, that it may be possible for others to read messages that you send over the Internet, so do not send by electronic communication any information that you would like to keep confidential.
This privacy policy applies to this Site only, and not to other sites including those of parents and affiliates of Relay which may have different privacy policies.
INTELLECTUAL PROPERTY NOTICE
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of Relay and others. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Relay and may not be copied, in whole or in part, without the prior written permission of Relay.
The Site also may contain trademarks, copyrights and other intellectual property of third parties, including our clients. All such rights are proprietary to their respective owners. You are prohibited by law and these Terms & Conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with these Terms & Conditions, any use of such Trademarks or trade names is strictly prohibited without the express written permission of these owners.
Images of people or places displayed on the Site are either the property of Relay or are being used with permission from the owner. You are strictly prohibited from using these images. We will pursue unauthorized use of the images as a violation of applicable copyright, trademark, privacy, and/or publicity laws as well as communications regulations and statutes.
You acknowledge that the Trademarks used and displayed on the Site are and shall remain the sole property of Relay or the trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Relay or the Trademark owner. Your use of the Trademarks on the Site and in its contents, in any way other than as provided in these Terms & Conditions, is strictly prohibited. You are advised that Relay will aggressively enforce its intellectual property rights in the Site and its contents to the fullest extent of the law, including by seeking criminal sanctions.
LIMITATIONS ON ACCESS
Except as expressly permitted by Relay, access or attempts to access other parts of our computer system or other information contained on our computer system is strictly prohibited. You agree that you will not use any robot, spider, or other automatic or manual process or device to “screen scrape,” monitor, mine, access, or copy web pages on the Site or the content contained on those web pages. You will not send any unsolicited commercial email (i.e., “spam”) to any other user of the Site for any reason. You agree that you will not use any devices or software to interfere, or attempt to interfere, with the proper function of the Site. You agree that you will not take any actions that would impose an unreasonable or disproportionately large load on Relay’s information infrastructure. You may not use framing techniques to enclose any Relay trademark, logo, trade name, or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without the express written consent of Relay.
COPYRIGHTS
Relay grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts, and other content (the “Proprietary Content") on the Site solely for your personal, noncommercial use. Relay may revoke this privilege at any time with or without notice for any reason or no reason. Any and all Proprietary Content, software, and other works on the Site and any reproductions of any of the foregoing (collectively, "Works") are the copyrighted works of Relay and/or its suppliers and are protected under United States and worldwide copyright laws and treaty provisions. Except for the limited grant of access to, and viewing of, the Proprietary Content described above, Relay grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of Relay is strictly prohibited.
SOFTWARE
The material on the Site is provided for lawful purposes only. Any third party software made available for downloading, copying or use through the Site is proprietary to the individual or entity making such software available. Unless otherwise noted neither the title nor the intellectual property rights to the software, including all files, images, contained in or generated by the software, are transferred to you. Your downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a human perceivable form.
LIMITATION OF LIABILITY
Relay uses reasonable efforts to include accurate and up-to-date information on the Site. However, we present the information AS IS, without any warranty or representation as to its accuracy, timeliness, or correctness. RELAY ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS, OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. Accordingly, you are using the Site and all information included on the Site, at your own risk.
Neither Relay, nor any other person involved in the creation, production or delivery of the Site or whose materials or information appear in the Site, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, line failure, technical inaccuracies, typographical errors or the inability to use the materials in this Site, even if there is negligence on Relay's part or an authorized Relay representative has been advised of the possibility of such damages, or both. This includes damages from viruses or other mechanisms that may infect your computer equipment. Relay does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Without limiting the foregoing, everything on the Site is provided to you AS IS without warranties of any kinds, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
The above limitations and exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Relay's total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Site.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Relay, its officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) your use of this Site, (b) any violation by you of these Terms & Conditions, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
LINKS
The Site may include links to other websites operated by persons other than Relay, Inc. Relay is not responsible and assumes no responsibility for the contents of any non-Relay linked website, or for any potential damage arising out of or in connection with the use of any such link. The websites to which links are provided in this Site are not under the control of Relay. Access to any other websites linked to the Site is at your own risk.
In addition, the existence of a link between this Site and any other website is not and shall not be understood to be an endorsement or review by Relay of any material, website policies, substance, information or of the owner or proprietor of the linked website, and such link shall not imply nor create any relationship nor endorsement between Relay and the owner or proprietor of such linked website.
UNSOLICITED IDEAS
Relay does not accept or consider unsolicited production-related or other materials of any kind. We develop the concepts and ideas we use in marketing, promotion, public relations and whatever else is appropriate to promote the products and services of our clients. Long ago, we adopted a policy of not considering ideas or suggestions from anyone not employed or under contract to Relay for the purpose of presenting such ideas.
Please do not send us any creative materials, such as stories, promotion or commercial ideas, music or original artwork for any reason. If, despite this statement, you choose to submit unsolicited creative, production-related or other materials of any kind, please be advised that all such remarks, suggestions, ideas, graphics, or other information communicated to Relay through this Site (together "Submission") will forever become the property of Relay, Inc.. Relay will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas for our clients) and will not incur any liability as a result of any similarities that may appear in future Relay operations. Relay will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Relay will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person sending the Submission.
VOID WHERE PROHIBITED
Although the information on the Site is accessible worldwide, not all products or services discussed on the Site are available to all persons or in all geographic locations or jurisdictions. Relay reserves the right to limit provision of products or services to any person, geographic region, or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited.
TERMINATION
These Terms & Conditions shall remain in effect for all use made of this Site unless specifically terminated by Relay. Relay may amend or terminate these terms at any time for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of these terms or otherwise.
MISCELLANEOUS
These terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County, Illinois, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Relay may revise these Terms & Conditions at any time by updating this posting. Relay may be contacted by writing to:
Relay, Inc.,
222 Merchandise Mart Plaza
Suite 4-160-B,
Chicago, IL 60654
© 2008 Relay, Inc.
All rights reserved.