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LEGAL NOTICE AND PRIVACY STATEMENT


OAKLEE'S GUIDE, LLC
LEGAL NOTICE AND PRIVACY STATEMENT



General Terms and Conditions of Use.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE

Welcome to the Oaklee's Guide web site. Oaklee's Guide, LLC ("Oaklee's Guide") hereby provides you ("You" or "User") with access to this Internet site and all related or linked Oaklee's Guide sites (individually or collectively, "Site") subject to your acceptance and compliance with the General Terms and Conditions set forth below, as amended ("Terms"). By accessing and using the Site, you agree to these Terms and further agree that, once accepted, the Terms constitute a binding agreement ("Agreement") between You and Oaklee's Guide governing your use of the Site. If you do not agree with the Agreement or its Terms you should not use the Site or download any materials from it.



Ownership of Content
All content (e.g., textual, graphical and otherwise) appearing on this Site, unless otherwise noted, is the property of Oaklee's Guide, LLC and/or its members, 318 Half Day Road, Suite 253, Buffalo Grove, IL 60089 U.S.A. All Rights Reserved.



Private, Non-Commercial Use of Content
You may view, copy, print and use the content contained on this Site solely for your own personal use provided that: the content is used for non-commercial purposes only; the content is not modified in any way; and no graphics available from the Site are used, copied or distributed separately from the accompanying text.



No License
Your use of the Site does not include any express or implied license or other right to use any patent, copyright, trademark, trade secret or any other type of intellectual property located herein.



No Endorsement
Reference to any third party product, process, publication, service, trademark or the like does not necessarily constitute or imply, and should not be construed as, an endorsement or recommendation by Oaklee's Guide.



International Scope and Disclaimer
The Site may be accessed by users internationally and may contain references to Oaklee's Guide products, programs and services that are not available, or that are prohibited in, your country or jurisdiction. Such references do not imply that Oaklee's Guide intends to make these products, programs and services available in your country or jurisdiction or that such products, programs and services may be lawfully used there.



Non-Confidentiality of Submitted Information
You should not transmit any information through the Site that you consider confidential or proprietary. Any information that you do transmit to or through the Site (including concepts, ideas, know-how or suggestions) shall be considered non-confidential and non-proprietary and Oaklee's Guide shall have no obligation of any kind with respect to such information and shall have the unrestricted right to reproduce, incorporate, disclose, distribute and otherwise use such information for any purpose.



Privacy Statement
Access to the Site is monitored. The requesting URLs, the computer originating the request, and the time of the request are logged for access statistics and security purposes. Use of the Site constitutes consent to such monitoring.

We may collect and use personal information you provide us to market products, programs and services we think would be of interest to you, or to communicate with you for other purposes. If you do not wish to receive communications of this nature from us please, let us know the context you provided your personal information and we shall make a reasonable effort to correct the database in a way that you will not receive communications from us.



Cookies
When you use the Site we may store information (commonly referred to as a "Cookie") on your computer. Cookies allow us to recognize you when you use the Site on subsequent visits. You can erase or block the storage of Cookies from your computer if you wish. See your computer user manual for information on blocking Cookies.



Site Availability Disclaimer
The Site may be unavailable from time to time due to: routine or emergency maintenance; electronic, hardware, mechanical, software, telecommunication, or third-party vendor failure; or for other reasons either within or beyond Oaklee's Guide's control. Oaklee's Guide shall not be held responsible for any such Site unavailability or downtime.



No Warranty
Reasonable efforts are taken to ensure the accuracy and integrity of information posted on the Site. This information may be removed or changed without notice. Oaklee's Guide shall not be responsible for misprints; out-of-date or incorrect information; technical or pricing inaccuracies; typographical errors; or any other errors appearing on the Site. The Site, and all information posted on it, is provided "as is." Oaklee's Guide makes no representation or warranty whatsoever regarding the accuracy, adequacy, availability, completeness, content, functionality, operation or suitability of the Site or the information posted on it. The use of this Site neither creates, expands upon, removes or reduces any representations and warranties regarding any products, programs or services purchased through the Site or any products, programs or services (including advertisements) purchased from Oaklee's Guide. By using the Site, you assume the risk that the information on the Site may be inaccurate, incomplete, out-of-date, or may not meet your needs and requirements. OAKLEE'S GUIDE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.



Limitation of Liability and Damages
IN NO EVENT SHALL OAKLEE'S GUIDE BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THIS AGREEMENT OR THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER THEORY OF LIABILITY.



If you become dissatisfied with the Site, with any Term herein, or with any policies or practices of Oaklee's Guide in operating the Site, your sole remedy is to discontinue using this Site.



Copyright and Trademark
All content (e.g., textual, graphical and otherwise) appearing on this Site, along with the software used on the Site, is protected by the laws of the United States of America, including its Copyright Laws. The laws of foreign jurisdictions may also be applicable. Neither the content or the software may be used by You without the express written consent of Oaklee's Guide.

The trademarks, logos, and service marks displayed on the Site are either owned by Oaklee's Guide or used with the permission of a third party. They are protected by the laws of the United States of America including its Trademark Laws. The laws of foreign jurisdictions may also be applicable. No trademark, logo or service mark depicted on the Site may be used by You without the express written consent of Oaklee's Guide.



Hyperlinks
The Site has links to third party sites for the convenience of Internet users. When You link to another site, be advised that you are no longer on our Site and that you become subject to the terms and conditions and the privacy policy of the new site. Oaklee's Guide is not responsible for the availability or content of any third party site nor does Oaklee's Guide, unless specifically stated otherwise, endorse, warrant or guarantee the products, programs, services or information posted or offered on any third party site.



Site Security
Any attempts by you to breach the security of the Site may result in civil and criminal penalties. Violations of the security of the Site include: attempting to scan or test the vulnerability of any system or subsystem; hacking; and/or transmitting viruses, Trojan horses, worms, time bombs, cancelbots, spam, spyware, bulk e-mail and/or other computer programming with the intent to damage, destroy or disrupt the functionality of this Site.

While we may monitor chat groups, discussion groups or bulletin boards that may be associated with the Site, we take no responsibility and assume no liability for the content of those chat groups, discussion groups or bulletin boards or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity that might be encountered on them.

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site upon a violation, or attempted violation of this Agreement or its Terms.



Miscellaneous Provisions

Changes to the Terms. We may change any of the Terms on this Site at any time and for any reason, with or without notice. By using this Site, you agree to the Terms in effect at the time of your Site visit.

Compliance with Laws. The Parties agree to comply with all applicable international, federal, state, local or other laws, statutes, ordinances and regulations as they affect their respective obligations hereunder.



Dispute Resolution and Applicable Law.
Choice of Law. This Agreement, and the rights and obligations of the Parties hereunder, shall be governed by and construed in accordance with the laws of the State of Illinois, excluding conflicts of law rules which might apply the law of a different jurisdiction.



Good Faith Negotiations. The Parties shall use their best efforts to resolve any and all claims and disputes arising under this Agreement through good faith negotiations and without initially resorting to litigation, arbitration or other similar proceedings.



Mediation. If the Parties are unable to resolve such claim or dispute via good faith negotiations, the Parties agree, prior to commencement of any legal action or suit, to submit to at least one day of non-binding mediation in Chicago, Illinois with a mediator chosen jointly by the Parties.
Litigation and Venue. Any legal action, suit, or proceeding with respect to this Agreement shall be brought exclusively in federal court in Chicago, Illinois and each Party consents to the jurisdiction of said court for all matters that arise under this Agreement.


Attorneys' Fees. The prevailing Party in any litigation hereunder shall be entitled to attorneys' fees and costs. The prevailing Party, for purposes of awarding attorneys' fees and costs, shall be: the claiming Party if the judgment is an amount equal to or greater than said Party's settlement demand; or the defending Party if the judgment is equal to or lower than said Party's written settlement offer. If the Parties do not exchange a written settlement demand and a corresponding written settlement offer, or if the judgment is less than the written settlement demand but greater than the written offer, the Parties shall pay their own attorneys' fees and costs.


Entire Agreement. This Agreement comprises the complete and final agreement between You and Oaklee's Guide regarding the use of the site. When using the site, you represent that you have not relied on any previous representations, whether express or implied, oral or written, or any previous inducement or agreement of any nature. All prior agreements, representations, terms or conditions regarding the use of the site are canceled and superseded by this Agreement. No amendments or modifications of the terms and conditions of this Agreement shall be binding upon Oaklee's Guide unless or until reduced to writing by Oaklee's Guide and placed on the site.



Equitable Relief. User agrees and acknowledges that the terms, conditions, obligations and restrictions in this Agreement are reasonable and designed to protect the legitimate business interests of Oaklee's Guide and that they are not vague, overbroad, or indefinite. User, therefore, agrees that if any term, condition, obligation or restriction is breached, including but not limited to any term, condition, obligation or restriction relating to Oaklee's Guide's intellectual property, that the damages to Oaklee's Guide may be difficult or impossible to ascertain. Accordingly, and in addition to any other remedies which Oaklee's Guide may have under law for breach, Oaklee's Guide shall be entitled to injunctive or other equitable relief.

Severability. If any provision of this Agreement is held invalid or inoperative, the other provisions of this Agreement shall be deemed valid and operative and, so far as is reasonable and possible, effect shall be given to the intent manifested by the provision held invalid or inoperative. In the event that any court of competent jurisdiction shall determine that any provision of this Agreement or the application thereof is unenforceable because of the duration or scope thereof, You and Oaklee's Guide agree that said court in making such determination shall have the power to reduce the duration and scope of such provision to the extent necessary to make it enforceable, and that the Agreement in its reduced form shall be valid and enforceable to the full extent permitted by law.

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Waiver. No course of dealing and no failure to act on any incident of breach under this Agreement shall be construed against Oaklee's Guide as a waiver of its right to act in the future. The waiver of any breach of any term or condition in this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other term or condition. Any failure by Oaklee's Guide to enforce its rights or any failure to seek remedies for any breach of this Agreement shall not prejudice Oaklee's Guide's rights or available remedies for any subsequent breach by You.

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