End User Licensing Agreement

This End User Licensing Agreement ("Agreement") sets forth the legally binding terms for your use of IssueLab services ("Services") and the IssueLab.com website ("Site"). The Services offered by IssueLab include the IssueLab.org website and any other features, content, or applications offered from time to time by IssueLab in connection with the IssueLab.com website. By visiting IssueLab.com and using the Services, you agree to be bound by the terms of this Agreement, IssueLab's Privacy Policy, and IssueLab's Copyright Policy. You are only allowed to use IssueLab Services and Site if you agree to abide by all applicable laws and by this Agreement. This Agreement applies to all users of the Services or Site, including users who contribute content, information, and other materials to the Services or Site.

IssueLab reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Changes to the Agreement shall be posted on the Site and such changes shall be effective immediately upon posting. Your use of the Services or the Site after any such changes constitutes your acceptance of the new Agreement. If you do not agree to abide by the Agreement, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Agreement and to review such changes.

Eligibility

Use of the Services and Site is void where prohibited. By using the Services or Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; (d) your use of the Services or Site does not violate any applicable law or regulation; and (e) you are fully responsible for all use of your account and for any actions that take place using your account.

Content

Any use of the Site or content on the Site and available through the Services, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), other than as specifically authorized herein, without the prior written permission of IssueLab, is strictly prohibited and will terminate any license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

You are solely responsible for the photos, profiles, messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services or Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Services or Site that you do not have the right or permission to post. You understand and agree that IssueLab may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, with or without reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or applicable law, or that might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to IssueLab.

When you post User Content to the Site, you authorize and direct IssueLab to make such copies thereof as necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to IssueLab an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

User Conduct

The Services and Site are available for non-profit use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services or Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights or contain libelous, defamatory, or otherwise unlawful material.

In addition, you agree not to use the Services or the Site to:

  • harvest or collect email addresses or other contact information of other users from the Services or Site by electronic or other means;
  • use the Services or Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Services or Site;
  • upload, post, transmit, share, store, or otherwise make available any content that IssueLab deems to be harmful, unlawful, defamatory, infringing, abusive, inflammatory, harassing, fraudulent, invasive of privacy or publicity rights, or otherwise objectionable;
  • register for an account on behalf of an individual or entity other than yourself or the business you work for;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, 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;
  • upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • use or attempt to use another's account, service, or system without proper authorization, or create a false identity on the Services or Site.
  • upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of IssueLab, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose IssueLab or its users to any harm or liability of any type.

Copyrights

IssueLab respects the intellectual property rights of others and prohibits users from uploading, posting, or otherwise transmitting through the Services or Site any materials that violate another party's intellectual property rights. Upon receipt of proper notification of alleged copyright infringement as described in the IssueLab Notice and Takedown Procedure, IssueLab may promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers as in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification to IssueLab of such infringement. Please see the IssueLab Notice and Takedown Procedure for more information on how to report infringement of your copyright.

Third Party Websites and Content

The Site contains (or you may be sent through the Services or Site) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Applications, Software, or Content"). Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by IssueLab, and IssueLab is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through, or installed from the Site, including without limitation the content, accuracy, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by IssueLab. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that IssueLab's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

User Communication

You are solely responsible for your interactions with other IssueLab users. IssueLab reserves the right, but has no obligation, to monitor communications and disputes between you and other users.

Privacy

IssueLab cares about the privacy of its users. Please review IssueLab's Privacy Policy. By using IssueLab's Services or Site, you are consenting to have your personal data transferred to and processed in connection with that use.

Disclaimers

IssueLab is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on the Site or in connection with the Services, whether posted or caused by users of the Site, by IssueLab, by third parties, or by any of the equipment or programming associated with or utilized in the Services or Site. Although IssueLab provides rules for user conduct and postings, IssueLab does not control and is not responsible for what users post, transmit, or share on the Site and is not responsible for any offensive, inappropriate, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. IssueLab is not responsible for the conduct, whether online or offline, of any user of the Services or Site.

The Services and Site may be temporarily unavailable from time to time for maintenance or other reasons. IssueLab assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, User communications. IssueLab is not responsible for any technical malfunction or other problems of any network or service, computer system, server or provider, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Services or Site. Under no circumstances will IssueLab be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Services or Site, any User Content or Third Party Applications, Software, or Content posted on or through the Services or Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, SERVICES, ANY PLATFORM APPLICATIONS, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ISSUELAB CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR SERVICES AND/OR ANY PLATFORM APPLICATIONS. ISSUELAB DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT, OR MATERIALS ON THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SITE OR SERVICES, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICES AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR OTHER HARDWARE OR SOFTWARE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IssueLab reserves the right to change any and all content, software, and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by IssueLab.

Limitation on Liability

IN NO EVENT WILL ISSUELAB OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR SITE, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ISSUELAB'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ISSUELAB FOR THE SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ISSUELAB FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ISSUELAB, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

IssueLab may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Services, and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect, or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.

Disputes

If there is any dispute about or involving the Services or Site, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, City of Chicago. Either party may demand that any dispute between IssueLab and you about or involving the Services or Site must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Chicago, Illinois, USA, provided that the foregoing shall not prevent IssueLab from seeking injunctive relief in a court of competent jurisdiction.

Indemnity

You agree to indemnify and hold IssueLab, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software, or Content posted or shared on or through the Services or Site, your use of the Services or Site, your conduct in connection with the Services or Site, or with other users of the Services or Site, or any violation of this Agreement or of any law or the rights of any third party.

Other

This Agreement constitutes the entire agreement between you and IssueLab regarding the use of the Services and/or Site, superseding any prior agreements between you and IssueLab relating to your use of the Services or Site. The failure of IssueLab to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.