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Terms of Use

User Agreement

Last Updated: March 20, 2005

Welcome to the User Agreement for LOGO emPowered Technology provided on this site by Illini. This agreement describes the terms on which you may access and use our LOGO emPowered services. In order to become a user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the LOGO emPowered service indicates your acceptance of the amended User Agreement.

Description of Service
LOGO emPowered Technology is an online service offered by promotional product professionals to their customers to visualize and create decorated or LOGO merchandise more accurately prior to purchase.  The LOGO emPowered software provides tools for the website Host to communicate and process your orders more efficiently and accurately by displaying artwork in the designated location on the merchandise.

Use of Service
Your use of the LOGO emPowered Service is governed by this User Agreement. Illini may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Illini of any unauthorized use of your password or account or any other breach of security. Illini cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination
You agree that Illini may, with or without cause, immediately terminate your account and access to the LOGO emPowered Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Illini of a user’s use of the LOGO emPowered Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your The Logo Network account includes (a) removal of access to all offerings within the LOGO emPowered Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the LOGO emPowered Service. Further, you agree that all terminations shall be made in Illini’s sole discretion and that Illini shall not be liable to you or any third-party for any termination of your account or access to the LOGO emPowered Service.

User Conduct
You understand and agree not to use Illini to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the LOGO emPowered Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Collect or store personal data about other users, including but not limited to information about another user’s work experience, skills, or reputation information.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the LOGO emPowered Service.
• Interfere with or disrupt the LOGO emPowered Service or servers or networks connected to the LOGO emPowered Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LOGO emPowered Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Website
In the course of using the LOGO emPowered Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Illini website or otherwise providing materials to Illini, you are granting to Illini a royalty-free, perpetual, irrevocable license to use this information in the course of offering the LOGO emPowered service. Furthermore, you understand that Illini retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the LOGO emPowered Service is the sole responsibility of the person from which such content originated and that Illini will not be liable for any errors or omissions in any content. You understand that Illini cannot guarantee the accuracy of any merchandise information within the Illini database. Additionally, we cannot guarantee the authenticity of any data which Vendors may provide about themselves or merchandise they sell within the LOGO emPowered Service.

Access to Service
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in the Illini website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

TLN Communications
In the course of providing you services, Illini may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the LOGO emPowered Service, including a series of progress reports and service update emails which help inform users about various features of the LOGO emPowered Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the LOGO emPowered Service.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the LOGO emPowered Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don�t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the LOGO emPowered Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Indemnification
By utilizing the Illini website you are hereby accepting this User Agreement, you agree to indemnify and otherwise hold harmless Illini and Illini (provider of the LOGO emPowered Technology), its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the LOGO emPowered Service; ii) unauthorized access to or alteration of your communications with or through the LOGO emPowered Service, or iii) any other matter relating to the LOGO emPowered Service. Any business transactions which may arise between users from their use of Illini are the sole responsibility of the users involved.

You understand and agree that Illini may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Illini, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE LOGO EMPOWERED SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND THAT Illini DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. TLN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. Illini EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Illini MAKES NO WARRANTY THAT (i) THE LOGO EMPOWERED SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LOGO EMPOWERED SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LOGO EMPOWERED SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LOGO EMPOWERED SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOGO EMPOWERED SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Illini OR THROUGH OR FROM THE LOGO EMPOWERED SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and Illini and governs your use of the LOGO emPowered Service, superceding any prior agreements between you and Illini.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Illini SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Illini HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL Illini’s TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law
The User Agreement between you and Illini will be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

General Information
Illini, the Illini logo are trademarks of Illini. The LOGO emPowered Technology logo and names are trademarks of Illini and Premium Incentives, Inc. You agree not to display or use these trademarks in any manner without Illini’s and/or Illini’s prior written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: Illini