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TERMS OF SERVICE

ACCESS CASTERS, INC. TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

ACCESS CASTERS, INC. maintains this site ("Site") for your personal entertainment,
information, education, and communication. Please feel free to browse the Site. You may
download material displayed on the Site for non-commercial, personal use only, provided you
also retain all copyright and other propriety notices contained in the materials. You may not,
however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or
commercial purposes, including the text, images, audio, and video without ACCESS
CASTERS,INC.’S written permission.
 
PLEASE READ THIS DOCUMENT AND OUR PRIVACY POLICY CAREFULLY BEFORE
ACCESSING OR USING THIS SITE. By accessing or using this Site, You agree to be bound
by the Terms of Service set forth below and in our Privacy Policy. If You do not wish to be
bound by these Terms of Service, You may not access or use this Site.

2. CHANGED TERMS

ACCESS CASTERS, INC. shall have the right at any time to change or modify the Terms of
Service applicable to Your use of this Site, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means including, but
not limited to posting on this Site, or by electronic or conventional mail, or by any other means
by which You obtain notice thereto. Any use of this Site by You after such notice shall be
deemed to constitute acceptance by You of such changes, modifications, or deletions.

3. COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of ACCESS CASTERS, INC.
or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by
United States and international copyright laws. The compilation of all content on this Site is the
exclusive property of ACCESS CASTERS, INC. and protected by the United States and
international copyright laws. All software used on this Site is the property of ACCESS
CASTERS, INC. or its software suppliers and protected by United States and international
copyright law.

4. TRADEMARKS

ACCESS CASTERS, INC., the design mark ACCESS CASTERS, INC. and other graphics,
designs, logos, page headers, button icons, scripts, trade names, and service names are
trademarks, registered trademarks or trade dress of ACCESS CASTERS, INC., its parents,
affiliates, sponsors, or subsidiaries in the United States and/or other countries. ACCESS
CASTERS, INC.’ trademarks, service marks, trade names, service names, and trade dress may
not be used in connection with any product or service that is not ACCESS CASTERS, INC., its
parents, subsidiaries, sponsors or affiliated companies, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits ACCESS CASTERS,
INC., its parents, sponsors, affiliates, or subsidiaries. All other trademarks, service marks, trade
names or service names not owned by ACCESS CASTERS, INC., its parents, sponsors, affiliates
or subsidiaries that appear on this Site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by ACCESS CASTERS, INC. or its
parents, sponsors, affiliates or subsidiaries.

5. PRICING

Prices listed on this Site are subject to change without notice. Any rights not expressly granted
herein are reserved to ACCESS CASTERS, INC.
 
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE
RISK. NEITHER ACCESS CASTERS, INC., ITS AFFILIATES, PARENTS,
SPONSORS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS
SITE.
 
(B) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THIS SITE AND THE INTERNET. ACCESS CASTERS, INC. PROVIDES THIS SITE
AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OR TITLE
OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THIS SITE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY, AND
ACCESS CASTERS, INC., ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR
SPONSORS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THIS SITE
OR ON THE INTERNET GENERALLY.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
 
(D) IN NO EVENT WILL ACCESS CASTERS, INC., ITS AFFILIATES,
SUBSIDIARIES, SPONSORS, PARENTS, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ACCESS CASTERS,
INC. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

(E) ACCESS CASTERS, INC. MAKES NO REPRESENTATIONS
WHATSOEVER ABOUT ANY OTHER WEB SITE THAT YOU MAY ACCESS
THROUGH THIS SITE OR WHICH MAY LINK TO THIS SITE. WHEN YOU
ACCESS A NON-ACCESS CASTERS, INC. WEB SITE, PLEASE UNDERSTAND
THAT IT IS INDEPENDENT FROM ACCESS CASTERS, INC., AND THAT
ACCESS CASTERS, INC. HAS NO CONTROL OVER THE CONTENT ON THAT
WEB SITE. IN ADDITION, A LINK TO A ACCESS CASTERS, INC. WEB SITE
DOES NOT MEAN THAT ACCESS CASTERS, INC. ENDORSES OR ACCEPTS
ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE OF SUCH WEB SITE.
IN ADDITION, THE APPEARANCE OF CONTENT IN A PUBLIC FORUM DOES
NOT MEAN THAT ACCESS CASTERS, INC. ENDORSES OR ACCEPTS ANY
RESPONSIBILITY FOR THE CONTENT OR THE USE OF SUCH IDEAS AS
APPEAR IN THE FORUM. IF YOU ARE DISSATISFIED WITH THE SITE, ANY
MATERIAL FOUND ON THE SITE, OR ANY OF THE POLICIES, TERMS OF
SERVICE RELATING TO USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS SITE.
 
(F) ANY COMMUNICATION OR MATERIAL YOU TRANSMIT TO THE SITE
BY ELECTRONIC MAIL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS, AND THE LIKE, WILL
BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. ANYTHING
YOU TRANSMIT OR POST MAY BE USED BY ACCESS CASTERS, INC.. OR ITS
AFFILIATES FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO
REPRODUCTION, DISCLOSURE, TRANSMISSION, PUBLICATION,
BROADCAST, AND POSTING. FURTHERMORE, ACCESS CASTERS, INC. IS
FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW, OR TECHNIQUES
CONTAINED IN ANY COMMUNICATION YOU SEND TO THE SITE FOR ANY
PURPOSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DEVELOPING,
MANUFACTURING, AND MARKETING PRODUCTS USING SUCH
INFORMATION.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless ACCESS CASTERS, INC., its officers,
directors, parents, subsidiaries, agents, licensors, suppliers and any third party information
providers to this Site from and against any and all cause(s) of action, claims, losses, expenses,
damages, costs, including reasonable attorneys’ fees arising out of Your use of this Site.

8. TERMINATION

Either ACCESS CASTERS, INC. or You may terminate this Agreement at any time. Without
limiting the foregoing, ACCESS CASTERS, INC. shall have the right to immediately terminate
Your Account in the event of any conduct by You which ACCESS CASTERS, INC., in its sole
discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
The provisions of Sections 3, 4, 6, 7, and this Section 8 shall survive termination of this
Agreement.

9. COPYRIGHTS AND COPYRIGHT AGENT

ACCESS CASTERS, INC. respects the rights of all copyright holders and in this regard,
ACCESS CASTERS, INC. has adopted and implemented a policy that provides for the
termination in appropriate circumstances of users, subscribers, and account holders who infringe
the rights of copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide ACCESS CASTERS, INC.’ Copyright Agent
the following information required by the Online Copyright Infringement Liability Limitation

Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
 
2. Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online Site are covered by a single notification, a representative list
of such works at that Site;
 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material:

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law; and
 
6. A statement that the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Kelly Piechocki
ACCESS CASTERS, INC.
kelly@accesscasters.com
(773) 881-4186 phone
(773) 881-4187 fax

10. MISCELLANEOUS

(A)

Entire Agreement. The Terms of Service constitutes the entire agreement between
you and ACCESS CASTERS, INC. and governs Your use of this Site, superseding any
prior agreements between you and ACCESS CASTERS, INC. with respect to the use of
this Site. You also may be subject to additional terms and conditions that may apply
when You use or purchase certain other ACCESS CASTERS, INC. services, affiliate
services, third-party content or third-party software.

 

(B)

Choice of Law and Forum. The Terms of Service and the relationship between You
and ACCESS CASTERS, INC. shall be governed by the laws of the State of Illinois
without regard to its conflict of law provisions. You and ACCESS CASTERS, INC.
agree to submit to the personal and exclusive jurisdiction of the courts located within the
county of Cook, Illinois.

 

(C)

Waiver and Severability of Terms. The failure of ACCESS CASTERS, INC. to
exercise or enforce any right or provision of the Terms of Service shall not constitute a
waiver of such right or provision. If any provision of the Terms of Service is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms of Service remain in full force and effect.

 

(D) 

Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of this Site or the Terms of
Service must be filed within one (1) year after such claim or cause of action arose or be
forever barred.

11. PRIVACY POLICY

ACCESS CASTERS, INC. respects Your privacy and are committed to protecting your privacy
online. For complete details on steps we take to demonstrate our commitment, read our Privacy
Policy.