By accessing or using any of the American Weathermakers ("AW") Internet properties including, without limitation, mobile websites, microsites, mobile applications, AW profiles on social media sites and any other digital services or
the Sites and the AW Content (as defined below, Section 9) for your noncommercial personal use and for no other purpose. The AW reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this
alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any AW Content (as
defined below, Section 9), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized
access to the Sites, including AW Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service
attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Sites.
5. Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or
choose to participate, the Click-Through Agreement will govern.
6. Personal Login Information. Certain features and areas of the Sites are available only with registration, login, such as AW Member account number, and/or a paid subscription. If you are required to register and select a unique
login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet
browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any
circumstances. is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact AW immediately if you
become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and
enjoyment of the Sites by other users or with 's operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the
Sites, including, without limitation, information required to be provided through an AW Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to
terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the
Sites. Additionally you agree to abide by the AW Code of Conduct.
In addition you also agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary
relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
9. Proprietary Rights. The content of the Sites includes, without limitation, (i) AW's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "AW
Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and
(iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified
in subsections (i) (ii) and (iii) shall be collectively referred to herein as "AW Content"). AW Content is the property of the ABA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is
protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution,
sale, publication, broadcast, circulation or dissemination of any AW Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such
content if the is not the owner. For reprints, contact AW. Any use of the AW Marks without AW's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright
or other notices appearing in the AW Content, including any such notices appearing on any AW Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
10. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and
international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other
communication network. The AW shall not be obligated to correct or update the Sites or the AW Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
11. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Sites and AW Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.
The information contained in the Sites and AW Content may or may not reflect the most current legal developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete, and should not be
relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Sites or the AW Content should be used as a substitute for advice of competent counsel. The materials on the
Sites and AW Content do not constitute legal advice and do not necessarily reflect the opinions of the ABA.
12. Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements,
services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of AW or its affiliates. AW makes no representation with
respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
13. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. The respects the intellectual property of others, and, particularly as to user generated content in comments, discussion
boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide the AW's Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) 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; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual
property owner’s behalf.
The AW's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Office of the
341 Anthony Trail, Northbrook, IL 60062
By phone: (847) 509-7777
14. Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. The AW shall not be responsible for any loss or damage of any
kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely
responsible for any correspondence or transactions you have with any third party advertisers.
15. Links to Third Party Websites. The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over
which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at
your own risk.
16. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or AW Content may not use the AW trademark or logo and shall not suggest that AW promotes or otherwise endorses any third party
products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. AW reserves the right to require any linking
party to disable or remove any link that violates AW's policies, rights or causes interruption or deterioration of AW Content.
Sharing of Content. You may download, copy or embed AW Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or
storing of any AW Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the AW Content.
AW reserves the right to require any party sharing AW content to disable or remove the content should its use violate AW's policies, rights or causes interruption or deterioration of AW Content.
17. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ABA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS,
ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "AW PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i)
THE SITES OR AW CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) AW CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Exclusion of and Limitation of Liability. THE AW PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY AW CONTENT; (ii) FROM ANY INTERRUPTION IN THE
AVAILABILITY OF THE SITES AND/OR AW CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR
SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND AW's CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AW CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION,
PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES;
OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR AW CONTENT.
ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the AW Parties from and against all claims arising from or in any way related to your use of the Sites and/or AW Content, a
judgments, litigation costs and attorneys fees. AW will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the
extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the AW Parties other than under this Section.
Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, IL.
All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts
of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if
not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be
consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class
action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.
wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and
their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of
action arose or be forever barred.
28. Use of Websites and Content outside of the United States. AW makes no claims regarding access or use of the Sites or the AW Content outside of the United States. If you use or access the Sites or the AW Content outside of the
29. The AW provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other
Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. The AW is not responsible for content or links posted by others.
30. User Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide
feedback, comment or content ("User Content"). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant the AW a
nonexclusive license to display, reproduce, transmit, modify such User Content and that the AW may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you
any User Content submitted by you or others. You agree to indemnify the AW against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used,
published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of the ABA. All user content is read at your own risk, and the AW
recommends that you not rely on the information or advice in any of these postings.
The AW retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic,
commercial or promotion of organizations or programs, or otherwise injurious or illegal. The AW also retains the right to ban or block a user from posting on AW social media profiles without notice for a pattern of inappropriate
postings or as it deems necessary.
You acknowledge, consent and agree that the AW may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary in the sole opinion of the AW to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond
to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website's TOS.
Revised Spetember 25, 2018.