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Terms of Use

Effective May 2014 Last Revised May 2014

Welcome to www.daleytang.com (the "Site"). The Site is owned and operated by DaleyTang LLC ("DaleyTang", "we" or "us") and is made available to you under the following terms and conditions (these "Terms of Use"). You affirm that you are fully able and competent to enter into, abide by and comply with these Terms of Use. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

DaleyTang reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, DaleyTang grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

  1. Use of Site

    Subject to these Terms of Use, DaleyTang hereby grants you a nonexclusive, nontransferable right to (i) access the Site, (ii) access the information, text, and other materials made available through the Site (the "Content") and (iii) download, print and use one copy of the Content for your personal noncommercial use only; provided, however, that any copy of the Content that you make will retain all copyright and other proprietary notices contained therein. Any other reproduction of the Content in any form or by any means without DaleyTang's written permission is forbidden. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of these Terms of Use and a violation of law.

    Except as specifically permitted by these Terms of Use, you shall not, directly or indirectly, (i) transfer, sell, sublicense, distribute, rent or lease the Content, (ii) circumvent any encrypted data or gain access to more materials or data than was licensed for use the Site in any manner which violates these Terms of Use or any applicable law, (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law) or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Site or Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). You must provide DaleyTang with evidence of compliance with this Section 1 upon request.

    You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DaleyTang, including any DaleyTang account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or DaleyTang's systems or networks, or any systems or networks connected to the Site or to DaleyTang.

    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

    The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws. Title to all Content remains with DaleyTang or, if applicable, the third party owners of such Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by DaleyTang.

  2. Privacy Policy

    Any personally identifiable information that you submit through the Site will be treated in accordance with our Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are tnever completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  3. Trademarks

    DaleyTang and DaleyTang's logo and other product and service names of DaleyTang are trademarks of DaleyTang LLC.

  4. Submissions

    We welcome your comments regarding the Site but ask that you not submit your ideas, suggestions or materials (collectively, "Submissions") through the Site. If you send Submissions to us that we have not specifically requested, you grant to DaleyTang and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Submissions are deemed non-confidential and DaleyTang is not liable for any use or disclosure of Submissions.

  5. Third-Party Links

    These Terms of Use apply only to the Site. The Site may contain links to other websites and resources on the Internet that are owned and operated by third parties. DaleyTang has no control over these linked third-party websites, all of which have separate privacy and data collection practices independent of DaleyTang.

    DaleyTang makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of websites accessible by hyperlink from the Site. DaleyTang is not responsible for the contents of any linked website or any link contained in a linked website or any review, change or update to such websites. DaleyTang is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by DaleyTang of the website or any information contained therein. These linked websites are only for your convenience.

    YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCT OR OTHER MATERIAL ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND RESOURCES.

    It is possible that other websites and resources provide links to the Site (whether with or without our authorization). We have no control over websites and resources that provide links to the Site and you acknowledge and agree that we do not endorse such websites and are not responsible for any link from those websites or resources to the Site or for any content, advertising, products or other materials available on such other websites. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) websites or resources to which we provide links or that provide links to the Site or (ii) any content, goods or services available on or through any such websites or resources.

    We reserve the right, at any time and in our sole discretion, to block links to the Site through technological or other means, without prior notice.

  6. Disclaimer of Warranties and Limitation of Liability

    Your use of the Site is at your sole risk. The Site is provided "AS IS". DALEYTANG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DALEYTANG MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS AND DOES NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DALEYTANG DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    NEITHER ACCESS TO NOR USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN IS INTENDED AS OR SHALL CONSTITUTE (A) ANY INVESTMENT ADVICE OR ADVERTISEMENT, (B) AN OFFER, OR A SOLICITATION OF ANY OFFER, BY DALEYTANG FOR THE PURCHASE OR SALE OF ANY INVESTMENT, SECURITIES OR OTHER PROPERTY, OR (C) A REPRESENTATION THAT ANY INVESTMENT, SECURITY OR OTHER PROPERTY IS SUITABLE FOR YOU OR OTHERS.

    IN NO EVENT SHALL DALEYTANG BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE USE OF THIS SITE OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE.

    The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some of the above exclusions may not apply to you.

  7. Indemnification

    You agree to indemnify, defend and hold harmless DaleyTang and its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys' fees, due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

  8. Modifications

    DaleyTang reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. DaleyTang shall not be liable to you or any third party in the event that DaleyTang exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use.

  9. Governing Law

    These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the State of Illinois, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Illinois. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE.

  10. Miscellaneous

    You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

    These Terms of Use do not and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto. These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns. You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use without DaleyTang's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner and the enforceable provisions of these Terms of Use will remain binding upon the parties. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with all policies referred to herein, constitute the entire agreement between you and DaleyTang with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals between you and DaleyTang regarding such subject matter. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  11. Acknowledgment

    You acknowledge that you have read and understand these Terms of Use and that these Terms of Use have the same force and effect as a signed agreement.

  12. Contacting Us

    If you have any questions about DaleyTang generally, these Terms of Use, our Privacy Policy or the Site, please feel free to contact us at:

DaleyTang LLC
900 North Michigan Avenue
Suite 1720
Chicago, Illinois 60611
www.daleytang.com