TERMS AND CONDITIONS AND LEGAL NOTICES
TERMS OF USE
Welcome to https://www.randallsamborn.com (the “Site”), which is operated by Randall A. Samborn & Associates LLC (“RAS Associates”). Please read these Terms and Conditions and Legal Notices (“Terms of Use”) carefully before using this Site. The Terms of Use govern your use of the Site and the content and information provided through this Site. By using, accessing, viewing, or browsing any part of the Site, you agree to be bound by these Terms of Use. RAS Associates reserves the right to modify these Terms of Use at any time by posting modified Terms of Use. Your continued use, access, viewing, or browsing of any part of the Site will acknowledge your agreement to be bound by the modified Terms of Use and the Site’s Privacy Policy. The Privacy Policy, which is accessible on a separate page, also governs the Site and informs users of our data collection practices. If you do not agree to the Terms and Conditions, Legal Notices, and Privacy Policy of the Site, you do not have permission to use, access, view, or browse any part of the Site.
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NOT LEGAL ADVICE
The Site does not contain legal advice. Any information is provided for general informational and promotional purposes only and is not a substitute for professional legal advice. Providing information on the Site and access to the Site is not intended to create an attorney-client relationship. The receipt of Site information does not create an attorney-client relationship.
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Receipt of e-mail messages or promotional materials, such as newsletters through the Site, does not create an attorney-client relationship, is not provided in the course of an attorney-client relationship, and is not intended to be legal advice or to substitute for legal advice from an attorney. We are a communications consulting firm, not a law firm. Before taking any action based upon information contained within the Site, consult with legal counsel or other appropriate professionals directly. Your use and reliance on any information on the Site is solely at your own risk. Do not send confidential information to Randall A. Samborn & Associates LLC through this website. Providing information through the Site does not create an attorney-client relationship. Transmittal of information is not secure and does not guarantee the confidentiality of such communications. RAS Associates does not agree to maintain the secrecy of an unsolicited information sent through the Site or to info@randallsamborn.com. RAS Associates reserves the right to not read or respond to any unsolicited communications through this Site.
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COMPANY SITE CONTENT
RAS Associates is the owner or licensee of all content contained on this Site. That content includes without limitation, all text, blogs, photographs, images of any kind, videos, sound, audio, artwork, software, HTML code, graphics, designs, and other material (collectively referred to as “Content”). The Site and its Content are protected under United States copyright laws, international intellectual property laws, and other copyright laws, as well as copyright, trademark, or other proprietary rights, which are owned or licensed by Randall A. Samborn & Associates, LLC. Unless expressly permitted, you shall not use, copy, reproduce, transmit, publish, sell, adapt, modify, display, delete, download, reverse engineer, or create derivative works from the Site content. You shall not use the Site content on other websites or media without RAS Associates’ prior written consent.
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All RAS Associates’ service marks, trade names, and logos (collectively called “Marks”) displayed on the Site are the exclusive property of RAS Associates. You shall not use, copy, reproduce, publish, republish, modify, distribute, transmit, or reuse the Marks found on the Site except for your personal, noncommercial use, without prior written consent of RAS Associates. All service marks, trade names, and logos of RAS Associates’ clients that appear on the Site should not be used without the prior written authorization of those entities. By accessing, using, browsing, and viewing the Site, you agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
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OTHER PROHIBITED ACTIVITIES
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to RAS Associates that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You agree not to engage in unacceptable use of the Site, including, without limitation: 1) the transmission of material a reasonable person may find abusive, harassing, obscene, pornographic, defamatory, harassing, grossly offensive, threatening, or malicious, 2) the transmission of viruses or other malicious code, and 3) the transmission of unsolicited messages or commercial e-mail. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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LINKS TO OTHER SITES
This Site may include links to other websites (“Linked Sites”) that are beyond the control of RAS Associates. RAS Associates is not responsible for the content of any Linked Sites, makes no representations or warranties regarding any such sites, does not endorse or approve of the information, materials, products, or services contained on or accessible through any such sites and is not responsible for the content of any such sites. Further, RAS Associates does not make any guarantees concerning the data privacy practices of these third-party websites. By your use of links to Linked Sites, you acknowledge and agree that your use of such websites and links and your use of any information, services, materials, or products offered by such third-party websites is solely at your own risk. You shall use your own judgment and caution when using such links.
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LIABILITY AND CONTENT DISCLAIMER
The content on this Site is provided “as is” and “as available.” You use the Site at your own risk. We do not represent that the content will be accurate, timely, suitable, available, free of viruses, or other harmful elements. RAS Associates, its partners, employees, or agents do not make any representations, warranties, or conditions of any kind, express or implied, concerning the accuracy, completeness, or timeliness of any of the Site contents, and RAS Associates, its partners, employees, or agents expressly disclaim any liability for any action, or failure to take action, in reliance on any of the Site contents. RAS Associates and/or its suppliers are not liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation any damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site, or for any information, software, products, services and related graphics obtained through the Site. If you have any concerns about the Site contents or are dissatisfied with any portion of the Site or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
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THIRD PARTY SERVICES AND SITES
Certain services made available via the Site are delivered by third parties and organizations. By using any product, service, or functionality originating from the Site domain, you acknowledge and consent that RAS Associates may share information and data with any third party with whom RAS Associates has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site users and customers.
INTERNATIONAL USERS
The Site is controlled, operated, and administered by RAS Associates from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RAS Associates content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
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INDEMNIFICATION
You agree to indemnify, hold harmless, and defend RAS Associates, its officers, directors, partners, employees, agents, and third parties, from and against any action, cause, claim, damage, debt, demand, liability, and for any losses, costs, and expenses (including reasonable costs and attorney fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you, your violation of any terms of this agreement or violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. RAS Associates reserves the right at its own costs to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RAS Associates in asserting any available defenses.
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ACCESS TERMINATION AND ACCESS RESTRICTIONS
RAS Associates reserves the right, in its sole discretion, to terminate your access to the Site, and the related services or any portion of the Site, at any time, without notice or cause. If you are under 18 years of age, you may use the Site only with permission of a parent or guardian.
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GOVERNING LAW
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you consent to the exclusive jurisdiction and venue of the state courts in Cook County, Illinois, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
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You agree that no joint venture, partnership, employment, or agency relationship exists between you and RAS Associates as a result of this agreement or use of the Site. RAS Associates’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RAS Associates’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by RAS Associates with respect to such use.
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SEVERIBILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
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ENTIRE AGREEMENT
Unless otherwise specified in these Terms and Conditions, this agreement constitutes the entire agreement between the user and RAS Associates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and RAS Associates with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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RECEIPT OF ELECTRONIC COMMUNICATIONS
By visiting the Site, you consent to receive electronic communications. You further consent that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.
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CONTACT US
Randall A. Samborn & Associates LLC welcomes your questions and comments regarding the Terms. We can be reached at info@randallsamborn.com.
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© 2022 Randall A. Samborn & Associates, LLC. All rights reserved.