Discussion Forum Terms of Service

This agreement governs your access to the Kane County Bar Association's facilities, message boards, and services (collectively the "Service"). In consideration for your right to use the Service, you agree as follows:

SERVICE PROVIDED
The Kane County Bar Association ("KCBA") provides access to its interactive message board(s) to its members only. Service is provided "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service. KCBA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.

The KCBA offers the discussion forum to allow its members to post their own questions, comments, opinions, information, links to other websites, images and other materials in an ongoing and open discussion format. THE KCBA IS NOT RESPONSIBLE FOR ANY OF THE MATERIAL POSTED IN THIS DISCUSSION FORUM BY ANY OF THE USERS OF THIS DISCUSSION FORUM, AND THE KCBA MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES OF ANY KIND WHATSOEVER IN REGARD TO ANY OF THE MATERIAL POSTED ON THIS DISCUSSION FORUM.

KCBA is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust your access to the Service.  Messages that KCBA may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Restrictions" enumerated herein.  KCBA does not endorse or support candidates for political office other than to rate candidates for judicial office in accordance with procedures and rules established by KCBA and the KCBA Judicial Evaluation Committee.  Members who are candidates for judicial or political office may, however, post material on KCBA message board(s).  Any such material which may be posted expresses on ly the view of the posting member and does not represent the view or position of KCBA. 

CONTENT
KCBA does not routinely monitor or review messages before they are posted to its message board(s). Opinions expressed on a KCBA message board are those of the message author and not of KCBA. Likewise, KCBA makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors (other than KCBA) on a KCBA message board.

KCBA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY MEMBERS OR AUTHORIZED OR UNAUTHORIZED THIRD PARTIES OR YOU TO ANY KCBA MESSAGE BOARD.

RESTRICTIONS
You must be member to post a message to any KCBA message board. The following content is not permitted to appear in any messages posted to KCBA message boards:

• Racism
  
• Hatred
  
• Harassment
  
• Defamatory statements
  
• Adult content
  
• Obscene material
  
• Nudity or pornography
  
• Material that infringes intellectual property or other proprietary rights of any party
  
• Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
  
• Piracy, hacking, viruses, worms, or other material calculated to cause harm or to allow unauthorized access into other computers, computer systems, and networks
  
• Any illegal content
  
• Commercial banner advertisements or revenue-generating links (other than those which we have placed on a board)
  
• Any link to or of any images from a site containing any material described in these restrictions
  
• Any material deemed offensive or inappropriate by KCBA
  

DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KCBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KCBA (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE WAIVER OF DAMAGES.   

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, KCBA SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF KCBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

INDEMNIFICATION
You agree to indemnify and hold harmless KCBA and its contractors, agents, employees, officers, directors, agents and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors', agents', employees', officers', directors', shareholders', and affiliates') use of the Service, including without limitation claims arising out of or related to your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a KCBA message board.

TERMINATION
KCBA reserves the right to terminate or take steps to terminate your access to the Service, in whole or in part, without warning, for any reason at its sole discretion. Acts or failures to act for which KCBA may terminate or take steps to terminate your access to the Service include without limitation the infringement of the intellectual property or other rights of third-parties or KCBA.

MODIFICATION
KCBA reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly, and, at a minimum, to review these usage terms at least once every fifteen (15) days. You accept new usage terms if you use the Service at any time after fifteen (15) days of any such modifications.

NOTIFICATION OF CLAIMED INFRINGEMENT
If you believe that any content posted on a KCBA message board is violating your rights under U.S. copyright law, you may, pursuant to the Digital Millennium Copyright Act (DMCA), file a complaint of such claimed infringement with KCBA's designated agent in the manner described at ____________________

NO UNSOLICITED EMAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use KCBA message boards. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a KCBA message board is prohibited.

GENERAL TERMS
Any information that is disclosed on a KCBA message board becomes public information. You should exercise caution when deciding to disclose your personal information. To control abuse, your IP address may appear on the top of any posting to a KCBA message board. After any posting, your IP address, as well as your user-agent string, which ordinarily includes such information as your computer's operating system and the type and version of your web browser, is also available to the owner of a KCBA message board.

Under no circumstances may you disclose personally identifying information about or related to a person under the age of eighteen (18).

You agree that KCBA may preserve content (including identifying information) and may release any or all preserved content to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these usage terms, violated the rights of third-parties, impaired in any respect the ability of KCBA to operate the Service properly, or endangered in any respect KCBA or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process.

KCBA does not claim ownership of content you or third-parties post to a board. With respect to content that you post or make available through a board, however, without limiting any other rights these usage terms afford to KCBA, you grant KCBA a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.

You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.

Should KCBA decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent KCBA from learning your identity from your internet service provider.

KCBA shall have the sole discretion as to what constitutes a violation of any of these usage terms.
This agreement creates no third-party beneficiaries.

CHOICE OF LAW AND FORUM
These KCBA usage terms shall be governed by the laws of the State of Illinois, USA, exclusive of choice-of-law principles. You hereby consent to the exclusive jurisdiction of the courts of the county of Kane County, Illinois, USA in any and all disputes arising out of, or related to, your use of KCBA's services, or, if subject matter jurisdiction is unavailable there, to the nearest federal court with jurisdiction and proper venue.

SEVERABILITY
If any provision of these usage terms is found unenforceable, KCBA reserves the right to modify the provision to comply with the law; however, all remaining provisions shall remain valid and enforceable.

ENTIRE AGREEMENT
These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties.

NO WAIVER
KCBA's failure at any time to enforce any provision of these usage terms shall not constitute a waiver or limitation of KCBA's right subsequently to enforce every provision of the usage terms.

VIEWING OR POSTING TO A KCBA MESSAGE BOARD CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.