Terms of Use
The chicagoconnectory.com
Website is operated by Robert Bosch LLC (“Bosch”).
By visiting the chicagoconnectory.com or by using any of the services provided
on chicagoconnectory.com (collectively, the “ Connectory
Website”), you hereby agree to be bound by all of the terms and conditions
in these Terms of Use (these “Terms”), as well as Bosch’s Privacy Policy
which is located at [https://chicagoconnectory.com/privacy] and which is
incorporated herein by reference (“Privacy
Policy”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CONNECTORY
WEBSITE. BY
USING CONNECTORY WEBSITE, YOU AGREE TO THESE TERMS.
THESE TERMS CONTAIN AN ARBITRATION PROVISION AND REQUIRE
THAT ANY CLAIM BE BROUGHT IN AN INDIVIDUAL CAPACITY.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY,
INCLUDING THE ARBITRATION PROVISION BELOW.
NOTHING IN THESE TERMS
IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF
RESIDENCE THAT CANNOT BE ALTERED BY THESE TERMS. IF THERE IS A CONFLICT BETWEEN THOSE UNALTERABLE
RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
Overview; Changes.
General. The Connectory Website provides information
about the Chicago Connectory, images, graphics, data and other information (collectively,
“Materials”), membership information and services
provided at the Chicago Connectory (collectively, “Services”).
Changes.These Terms may change from time to time.
When accessing the
Connectory Website or through other means of notice as provided
in the Notices section below, you
may be invited to review and accept material changes to these Terms. Your continued access to and use of the Connectory Website,after we make changes, is deemed to
be acceptance of those changes, whether or not you have actually reviewed
them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
Access to Services.
Some of the Services and
resources offered through the Connectory Website, may require you to subscribe
and provide certain subscription details or other information. It is a
condition of your use of the Connectory Website that all the information you
provide on the Connectory Website is correct, current, and complete. You agree
that all information you provide to subscribe with this Connectory Website or
otherwise, including, but not limited to, through the use of any interactive
features on the Connectory Website, is governed by our Privacy Policy [https://chicagoconnectory.com/privacy],
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
Other Terms and Conditions
Additional terms and conditions may apply
to Services and to specific portions or features of the Connectory Website, all
of which terms are made part of these Terms by this reference. If there is a conflict between these Terms
and the terms posted for or applicable to a specific portion of the Connectory
Website or for any Service offered through the Connectory Website, the latter
terms shall control with respect to your use of that portion of the Connectory
Website or the specific service.
Bosch's obligation, if any, with regard to the Services offered through the Connectory Website are governed solely by the agreements pursuant to which they are provided, and nothing on this Connectory Website should be construed to alter such agreements.
Legal Compliance.
You agree to comply with all
applicable domestic and international laws, statutes, ordinances, and
regulations regarding your use of Connectory Website. Bosch reserves the right
to investigate complaints or reported violations of these Terms and to take any
action we deem appropriate, including but not limited to blocking or canceling
your access, reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your profile,
e-mail addresses, usage history, posted materials, IP addresses and traffic
information, as allowed under our Privacy Policy.
Third Party Connectory Website Links
and Referrals.
The Connectory
Website may (i) contain links to other web sites that are operated by third
parties; (ii) integrate or be provided in connection with third-party services
or content; and (iii) contain referrals to third party vendors (collectively “Third-Party Services or Content”). Bosch does not control such Third-Party Services
and Content, and Bosch includes or provides these Third-Party Services or
Content only as a convenience and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to such Third-Party Services
or Content. Your use of these Third-Party Services or Content is at your own
risk. You should read the terms of use agreements and privacy policies, if any,
that apply to such Third-Party Services or Content.
Disclosure of Information.
Submissions. You may voluntarily choose to, or Bosch may
invite you to submit feedback, information, data, text, software, messages, or
other materials, including but not limited to reviews of Bosch products and
services (each, a “Submission”). You
agree that you are solely responsible for all of your Submissions and that any
such Submissions are considered both non-confidential and non-proprietary.
Further, we do not guarantee that you will be able to edit or delete any
Submission you have submitted.
By submitting any Submission, you
represent and warrant that:
- You
own all rights in your Submissions (including, without limitation, all
rights to the reproduction and display of your Submissions) or,
alternatively, you have acquired all necessary rights in your Submissions
to enable you to grant to us the rights in your Submissions as described
in these Terms;
- You
have paid and will pay in full all license fees, clearance fees, and other
financial obligations, of any kind, arising from any use or commercial
exploitation of your Submissions;
- Your
Submissions do not infringe the copyright, trademark, patent, trade
secret, or other intellectual property rights, privacy rights, or any
other legal or moral rights of any third party;
- You
voluntarily agree to waive all “moral rights”, “author’s rights” or
similar rights in any jurisdiction that you may have in your Submission;
- Any
information contained in your Submission is not known by you to be false,
inaccurate, or misleading;
- Your
Submission does not violate any law (including, but not limited to, those
governing export control, consumer protection, unfair competition,
anti-discrimination, or false advertising);
- Your
Submission is not, and may not reasonably be considered to be, defamatory,
libelous, hateful, racially, ethnically, religiously, or otherwise biased
or offensive, unlawfully threatening, or unlawfully harassing to any
individual, partnership, or corporation, vulgar, pornographic, obscene, or
invasive of another's privacy;
- You
were not and will not be compensated or granted any consideration by any
third party for submitting your Submission;
- Your
Submission does not incorporate materials from a third-party Connectory
Website, or addresses, e-mail addresses, contact information, or phone
numbers (other than your own);
- Your
Submission does not contain any viruses, worms, spyware, adware, or other
potentially damaging programs or files;
- Your
Submission does not contain any information that is confidential,
proprietary, or personal to you or to any other person; and
- Your
Submission does not contain or constitute any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to
Bosch and its affiliates an irrevocable, perpetual, transferable,
non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable
through multiple tiers) to:
- Use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform, and publicly display your Submissions (or any modification
thereto), in whole or in part, in any format or medium now known or later
developed;
- Use
(and permit others to use) your Submission in any manner and for any
purpose (including, without limitation, commercial purposes) that we deem
appropriate in our sole discretion (including, without limitation, to
incorporate your Submission or any modification thereto, in whole or in
part, into any technology, product, or service);
- Display
advertisements in connection with your Submissions and to use your
Submissions for advertising and promotional purposes.
We may, but are not obligated to,
pre-screen Submissions or monitor any area of the Connectory Website through
which Submissions may be submitted. We are not required to host, display, or
distribute any Submissions on or through the Connectory Website and may remove
at any time or refuse any Submissions for any reason. We are not responsible
for any loss, theft, or damage of any kind to any Submissions. Further, you
agree that we may freely disclose your Submission to any third party without
restriction on use or disclosure
Ownership and Intellectual Property
Bosch Property. You acknowledge that all intellectual
property rights, including without limitation copyrights, patents, and trademarks
in Connectory Website, including Materials, and the Services are owned by Bosch
or its affiliates or our licensors. Your
possession, access, and use of the Connectory Website, including Materials, and
the Services does not transfer to you or any third party any rights, title, or
interest in or to such intellectual property rights. Bosch and its affiliates and licensors
reserve all rights not granted in these Terms. You may not use the content of
the Connectory Website, including Materials, and/or the Services in any other
public or commercial way, nor may you copy or incorporate any of the content of
the Connectory Website, including Materials, into any other work, unless
written authorization is provided to you by Bosch.
Trademarks.
Unless otherwise specified, all trademarks on
the Connectory Website, as well as all other Bosch Connectory Websites, are
protected under trademark law. This applies to all Bosch trademarks, service
marks, typefaces, company designs, logos, slogans, trade dress and emblems
(collectively, “Marks”). You agree
not to copy, use or otherwise infringe upon these Marks and design elements.
Bosch Connectory Websites may also contain other product, service and/or
company names which may be the trademarks of their respective owners.
Indemnification.
You agree to defend, indemnify and
hold Bosch and its licensors and suppliers harmless from any damages,
liabilities, claims or demands (including costs and attorneys’ fees) made by
any third party due to or arising out of (i) your use of the Connectory
Website, including Materials, (ii) your violation of these Terms, and (iii)
your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify Bosch and you agree to cooperate with our defense of such
claims. You agree not to settle any such
claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
Our Warranties, Disclaimers and Limitation of Liability.
(a) Disclaimers of Warranties.
CONNECTORY WEBSITE,
INCLUDING ALL MATERIALS AND SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS”
AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE,
NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO
MATTERS COVERED UNDER THESE TERMS, INCLUDING WITH RESPECT TO THE CONNECTORY
WEBSITE.
(b) Limitation on Liability.
IN NO EVENT WILL BOSCH BE LIABLE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES,
OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO
UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST
PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION
OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY INJURY, DEATH, PROPERTY DAMAGE; (v) ANY INTERRUPTION,
DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY,
UNRELIABILITY OR NON-PERFORMANCE OF SERVICES; OR (vi) ANY THIRD PARTY SERVICES OR CONTENT.
BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION
WITH THESE TERMS, THE CONNECTORY WEBSITE, INCLUDING MATERIALS, THE SERVICES, REGARDLESS OF THE FORM OF ACTION
(WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT,
MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US
$1000.00.
Copyright
Claims and Designated Agent.
It is the policy
of Bosch to respond to claims of intellectual property infringement. Bosch will
promptly process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512c2 DMCA and other applicable intellectual
property laws.
Pursuant to
the DMCA, notifications of claimed copyright infringement should be sent to a
Service Provider‘s Designated Agent. Notification must be submitted to the
following Designated Agent for the Connectory Website:
Director, Corporate Communications
Robert Bosch LLC
38000 Hills Tech Drive
Farmington Hills, MI 48331
Phone: 248-876-1000
Email: contact@us.bosch.com
To be
effective, the notification must be written communication that includes the
following:
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 copyrighted 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 the service provider to locate the material;
4. Information reasonably sufficient to
permit the service provider to contact the complaining party, such as an
address, telephone number and, if available, an electronic mail address at
which the complaining party may be contacted;
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;
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.
Counter-Notice. If you believe that your content that was
removed (or to which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your content, you may send
a counter-notice containing the following information to the Designated Agent:
If a counter-notice is
received by the Copyright Agent, Bosch may send a copy of the counter-notice to
the original complaining party informing that person that it may replace the
removed content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the content provider or you,
the removed content may be replaced, or access to it restored, in 10 to 14
business days or more after receipt of the counter-notice, at Bosch's sole
discretion.
Governing
Law.
Except as otherwise
provided in these Terms, these Terms and all disputes between you and Bosch
(collectively, the “Parties”)
arising out of or relating to the Connectory Website or the Services shall be
governed by and construed in accordance with the laws of the State of Michigan,
without regard to its conflicts-of-law provisions.
Binding Arbitration and Class Action Waiver
Arbitration. THE
PARTIES AGREE THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL
DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN THE PARTIES (OR THEIR
REPRESENTATIVES, SUCCESSORS, AFFILIATES, OR INSURERS) WILL BE RESOLVED ON AN
INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW.
You and
Bosch agree to submit all disputes between you and Bosch arising out of or
relating to the Connectory Website, these Terms, the Services or the Privacy
Policy or the alleged breach or interpretation thereof, to binding arbitration
(“ADR Agreement”).
This means that the Parties
are each waiving the right to a trial by jury or to participate in a class
action; instead, the Parties’ claims will be heard and decided by a neutral
arbitrator.
Each of the Parties has the right to apply to any court of competent
jurisdiction for interim relief necessary to preserve the Party’s rights,
including pre-arbitration injunctions, and such request will not be deemed
incompatible with, or a waiver of, this ADR Agreement. As an exception to the
agreement to arbitrate, you may pursue an individual claim in small claims
court in Oakland County, Michigan, if the amount of your claim does not exceed
the applicable small claims court limitation. In such case, the rules and limitations of the small claims court will
apply.
Waiver of
Class Action. THE
PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless the
Parties agree otherwise, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. If
this waiver provision is deemed unenforceable, the Parties agree that the
entirety of this ADR Agreement will be null and void.
Rules and
Governing Law. The
arbitration will be administered by the American Arbitration Association
(“AAA”) and will be conducted by three arbitrators and in accordance with the
AAA’s Commercial Arbitration Rules (“AAA Rules”) then in effect, except as
modified by this ADR Agreement.
Within
14 days after the commencement of arbitration, each party shall select one
person to act as arbitrator and the two selected shall select a third
arbitrator within 10 days of their appointment. If the arbitrators selected by
the parties are unable or fail to agree upon the third arbitrator, the third
arbitrator shall be selected by the AAA.
The Parties agree that the arbitrators, and not any
federal, state, or local court or agency, will have exclusive authority to
resolve any disputes relating to the interpretation, applicability,
enforceability or formation of this ADR Agreement, including any claim that all
or any part of this ADR Agreement is void or voidable.
The arbitrators will also be responsible for
determining all threshold arbitrability issues, including issues relating to
whether the ADR Agreement are unconscionable or illusory and any defense to
arbitration, including waiver, delay, laches, or estoppel.
The Parties agree and acknowledge that this ADR Agreement
evidences a transaction involving interstate or international commerce and that
the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., will govern its
interpretation and enforcement and proceedings pursuant thereto.
It is the intent of the Parties that the FAA
and AAA Rules will preempt all state laws to the fullest extent permitted by
law
If the FAA and AAA Rules are found
to not apply to any issue that arises under this ADR Agreement or the
enforcement thereof, then that issue will be resolved under the laws of the
State of Michigan without regard to its choice-of-law provisions.
Arbitration
Decision. The arbitrators’ decision
will be final and binding on the Parties. The arbitrators’ decision and judgment thereon will have no precedential
or collateral estoppel effect.
The arbitrator will have no authority to award punitive or
other damages not measured by the prevailing party’s actual damages, except as
may be required by statute. Judgment on
the award rendered by the arbitrator will be binding and final, and may be
entered in any court having jurisdiction. Except as may be required by law, neither the Parties nor their counsel
nor the arbitrator may disclose the existence, content, or results of any
arbitration under this ADR Agreement without the prior written consent of both
Parties.
Severability.
Except
as otherwise provided in these Terms, if any provision of these Terms is held
to be invalid or unenforceable under applicable law, then such provision shall
be construed, limited, modified or, if necessary, severed to the extent
necessary to eliminate its invalidity or unenforceability, without in any way
affecting the remaining parts of these Terms.
No Assignment.
These Terms, and all
rights and licenses granted hereunder, may not be transferred or assigned by you
without our prior written consent, but may be assigned by Bosch without
restriction.
Any attempted assignment by
you will be null and void.
Force Majeure.
Any delay in the
availability of the Connectory Website or non-performance of the Connectory
Website shall not be deemed a breach of these Terms if such delay or
non-performance is caused by a fire, earthquake, flood, war, terrorist act, government
act, failure of common carriers (including Internet service providers, labor
strike or walk-out, act of God, or any other event beyond the reasonable
control of Bosch or its service providers.
Notices.
You agree that we may provide notices
to you of changes to these Terms and/or our Privacy Policy, in one or more of
the following ways: (a) a pop-up notice, web banner, push notification or other
notification on or through the Connectory Website; or (b) an email or regular
mail sent to an address you provide.
Contact Us
If you have any questions about these
Terms or otherwise need to contact us for any reason, you can reach us at [(312) 505-7567] or email us at [info@chicagoconnectory.com]
© Copyright 2020 Robert Bosch LLC
All Rights Reserved.