Intellectual Property Protection
Use of and Downloading Materials
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to TMG on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be become and remain the property of TMG. Such disclosure, submission or offer of any Comments shall constitute an assignment to TMG of all rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, TMG will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. TMG is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that Comments submitted by you to this Site will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that Comments submitted by you to this Site will not be or contain libelous or otherwise unlawful, abusive, vulgar, obscene, defamatory, harassing, threatening or obscene material. Furthermore, you will not make any bigoted, hateful, or racially offensive statements, you will not advocate illegal activity or discuss illegal activities with the intent to commit them, and you will not post or distribute any chain letters, spam or software or other materials that contain a virus or other harmful component.
Membership, Password, and Security
No Unlawful or Prohibited Use
Linking to Third Party Sites from mccrone.com
This Site may contain links to other Web sites or resources (“Linked Sites”). Hyperlinks to other Internet resources are provided for your convenience. You acknowledge and agree that TMG is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Linked Sites or resources and shall not be liable, directly or indirectly, for any damage or loss caused by the use or reliance on such Linked Sites. You access, use, and rely upon such Linked Sites at your own risk.
Linking to mccrone.com from Third Party Sites
Any linking to areas of this Site other than the homepage is strictly prohibited without prior written consent by TMG. At any time, even after written consent is granted, TMG reserves the right to object to or request removal or correction of any link that is determined by TMG in its sole judgment to be inappropriate or inconsistent with the Site’s image and reputation. You shall not, and shall not authorize any other person to co-brand the Site or portion thereof, or frame the Site or portion thereof (whereby the Site or portion thereof will appear on the same screen with a portion of another site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or Material accessible with the Site. You agree and acknowledge that TMG must grant written consent before deep-linking, framing, co-branding, or other activity impacting the access to or the use of this Site is performed. Failure to obtain such consent may result in an infringement claim or other legal action being brought. You agree to cooperate with TMG in causing any unauthorized deep-linking, framing, co-branding, or other activity impacting the access to or the use of our Site to immediately cease.
Disclaimer of Warranties
YOU AGREE AND ACKNOWLEDGE THAT NEITHER TMG, NOR ANY THIRD-PARTY CONTENT PROVIDERS, MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE SITE WILL BE CORRECTED; THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MATERIALS ON THE SITE; OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SITE OR AS TO ANY INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET IN ANY WAY. IN ADDITION, TMG DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WE PROVIDE THIS SITE AND THE SERVICE, “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE SERVICE, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE OR THIS SERVICE, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR USE OF MCCRONE.COM IS AT YOUR SOLE RISK. YOU AGREE THAT TMG SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU AGREE THAT TMG IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL TMG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS, CONSULTANTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF TMG WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY SERVICES, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
By using the Site and/or Service you hereby expressly release TMG and the Protected Entities from and against any and all claims, damages or related expenses or liabilities, including but not limited to indirect, incidental, consequential, special, general, exemplary or punitive damages, arising from, or directly or indirectly related to: (a) the use of, or the inability to use, the Service, your provision of information via the Service, any consequential damages, even if such Protected Entity has been advised of the possibility of such damages; (b) the purchase, receipt and/or use of any products or services obtained through the Service; (c) the activities of the Card issuer; or (d) any misprints or inaccuracies that may be found to exist on or in connection with the Service. YOU AGREE TO WAIVE YOUR RIGHTS IF ANY UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If you believe that there is any content on the Sites that infringes your copyrighted work, please provide the following information to TMG’s Copyright Agent named below:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TMG’s Copyright Agent for notice of claims of copyright infringement can be reached at: The McCrone Group, Inc. 850 Pasquinelli Drive, Westmont, IL 60559, United States, Attn: Copyright Agent. TMG’s Copyright Agent can also be reached by telephone at 630-887-7100, by facsimile at 630-887-7417, or via our contact form (Attn: Copyright Agent).
All trademarks and/or service marks that appear throughout this Site are owned by TMG, its affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on this Site without express written consent from the respective trademark owners.
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