Privacy Policy and Terms of Use

Your privacy is important to G’s R Plumbing & Heating. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

Who We Are
G’s R Plumbing & Heating collects, uses and is responsible for certain personal information about you.

Children’s Online Privacy Protection Act
This website and any products and services offered herein are not intended for persons under the age of 13. G’s R Plumbing & Heating does not knowingly collect information from anyone under 13 years of age. Www.gsrplumbing.com prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. G’s R Plumbing & Heating will not knowingly collect personally identifiable information from children under 13. If G’s R Plumbing & Heating learns it has any information or content from anyone under the age of 13, it will delete that information.

The Personal Information We Collect and Use

Information Collected by Us

G’s R may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact G’s R Plumbing & Heating via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website.

G’s R may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. We will ask for your consent to allow us to use cookies. G’s R or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. G’s R’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

Information Collected from Other Sources

We also obtain credit card or other payment information submitted by the end user from forms hosted on Jotform.com and payments processed through Square.com. You may view Jotform’s Privacy policy at https://www.jotform.com/privacy/ and Square’s privacy policy at https://squareup.com/legal/privacy.

How we use your personal information

G’s R Plumbing & Heating collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

Who We Share Your Personal Information With

G’s R Plumbing & Heating respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, share your name, billing or service address details, and payment information with our credit card processors and service technicians. This data sharing enables our service technicians to supply the service desired to you and to complete payment for those services. Those third-party recipients are based outside the European Economic Area— for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.

G’s R Plumbing & Heating may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give G’s R your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, G’s R may collect personal identification information from you in connection with optional contests, special offers or promotions. G’s R Plumbing & Heating will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.

Whether Information Has to Be Provided by You and Why

The provision of your name, service address, billing address, phone number and email address is required from you to enable us to provide services to you. We will inform you when we collect it whether you are required to provide the information to us.

How Long Your Personal Information Will Be Kept

We will hold your personal data (e.g., name, service address, phone number and/or email address) indefinitely to maintain service records should a customer contact us again in the future, unless requested otherwise.

Reasons We Can Collect and Use Your Personal Information

G’s R Plumbing & Heating collects and uses your personal information to further the following legitimate interests: to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

Use and Transfer of Your Information Out of the EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to a European Commission approved contract (as permitted under Article 46(5) – of the General Data Protection Regulation that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

Your Rights

If you want to unsubscribe from receiving e-mails from G’s R Plumbing & Heating, you may do so at any time. Each e-mail from G’s R includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your use personal information

• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

• Require us to correct any mistakes in your information which we hold

• Require the erasure of personal information concerning you in certain situations

• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

• Object at any time to processing of personal information concerning you for direct marketing

• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

• Object in certain other situations to our continued processing of your personal information

• Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .

If you would like to exercise any of those rights, please:

• Email, call, or write to us

• Provide us enough information to identify you (e.g., name, service address, email address)

• Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)

• Provide us with the information to which your request relates (including any account or job numbers, if you have them)

Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the website, including the G’s R Plumbing & Heating social media page(s), become public and third parties may use your information. G’s R is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. G’s R Plumbing & Heating is not responsible for or liable for any content on or actions taken by such third-party websites.

How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

Changes to This Privacy Notice

This policy is effective as of March 18, 2019. We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by email or postal mail.

How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact us at G’s R Plumbing & Heating, 1831 East Lincoln Highway, DeKalb, IL 60115, United States.

Do You Need Extra Help?

If you would like this notice in another format, please contact us (see “How to contact us” above).

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer by mail at G’s R Plumbing

[Re: Privacy Compliance Officer]

[1831 East Lincoln Highway, Rockford, IL, Dekalb, United States]

YOU (“YOU” OR “YOUR”) AGREE THAT BY USING http://www.gsrplumbing.com (“WEBSITE”), SUCH USE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW (“AGREEMENT”) ON BEHALF OF YOURSELF OR ANY LEGAL ENTITY YOU ARE REPRESENTING. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND ALL CONTENT CONTAINED ON THIS WEBSITE MADE AVAILABLE BY G’s R Plumbing & Heating, A(N) Illinois Plumbing & HVAC, ITS SUCCESSORS AND ASSIGNS (“WE” OR “US”).

IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US, EITHER ON BEHALF OF YOURSELF OR ON BEHALF OF ANY ANY LEGAL ENTITY YOU REPRESENT. OUR PRIVACY POLICY AND ANY OTHER SEPARATE POLICY, LEGAL NOTICE OR DISCLAIMER APPEARING ON THIS WEBSITE IS HEREBY INCORPORATED INTO THIS AGREEMENT BY REFERENCE.

Modifications

We may, in our sole and absolute discretion, change the terms contained in this Agreement from time to time. We will post notice of any such changes on the Website prominently and/or notify all registered users the next time they log-on after the any changes are effective. Notwithstanding, You agree to periodically visit these terms of use to determine the then current terms and conditions applicable to your use of this Website and all Materials. If you object to any such changes made by us, your sole recourse shall be to cease using this Website. If you continue to use this Website after notice has been posted regarding any changes, You agree this shall indicate your acceptance of all such amendments.

Limited License to Use this Website

You are granted a single, non-exclusive and revocable license to view and access the content contained on this Website, any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings, podcasts and similar recordings, applications, files or any other separate website element made available to You (collectively “Materials”). You agree that no joint venture, partnership, employment or agency relationship exists between You and us as a result of this agreement or your use of this Website. You are responsible for obtaining and maintaining all equipment and services needed for your access to and use of this Website and are responsible for all related charges.

General Use Restrictions

As a condition of your access and use of this Website, You agree that: i) You will only use this Website and/or any of the Materials for personal, non-commercial purposes; ii) You will not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with another person’s use and enjoyment of the Website, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; iii) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; iv) You will not to use any data mining, robots, engage in any “harvesting or similar data gathering or extraction methods in connection with this Website; v) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Website; and vi) You agree to comply with all applicable laws and regulations of the United States and any other applicable International treaty, law or regulation governing your use of this Website. Use of this Website for any of the foregoing reasons is strictly prohibited. Additional use restrictions are contained elsewhere in this Agreement.

Compliance with Applicable Laws

We make no representation that the Materials available on this Website are appropriate or available for use in your jurisdiction. You are solely responsible for compliance with local laws in your jurisdiction or territory, to the extent applicable. Access and use of this Website from any jurisdictions where the Materials are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case.

Our Intellectual Property

All Materials are either owned or licensed by us and are protected under our proprietary rights. Commercial use of any of the Materials contained on this Website is strictly prohibited. Except as otherwise stated, none of the Materials may be saved, downloaded, copied, reproduced in any electronic, digital or mechanical format or medium or by way of photocopying or otherwise, and may not be disseminated, distributed, re-published or used for any public display or performance, in any form or manner whatsoever without our prior written consent. We reserve the right to limit the amount of Materials displayed on this Website. You are restricted from, modifying or altering any copyright or other proprietary notice, or trademarks from any of the Materials found on this Website. In addition, the “look and feel” of this Website (including the unique combination of Website colors, page headers, graphics, icons, images and scripts, etc.) is considered by us to be valuable and protectable trade dress and may not be copied, imitated, or used (in whole or in part) by You without our prior written permission. This Website and all separate Website elements are protected under United States copyright laws. You may not engage in any “framing” of any page of this Website or otherwise of any of the Materials on this Website. Some of the Materials on this Website include embedded video and/or audio recordings and may include podcasts and other similar downloadable video or audio files from time to time. All video and audio recordings and files are owned by us unless otherwise stated in those Materials. Additionally, this Website may contain embedded video or audio recordings from external servers and third party websites including, but not limited to, YouTube.com, Google Video, etc. All such embedded recordings are owned by us regardless of whether they are hosted by any such third party websites and/or external servers.

Our External Links Policy

We grant You permission to link to this Website, including “deep linking” to web pages within this Website. However, at all times You agree that: (1) You will only use a text link to link to this Website as it appears on your website and You will not use any trademark or logo or incorporate any type of “image link on your website using any of the Materials; (2) You will not engage in any “scraping” of the Materials by any means (i.e., extracting content from the Website and reformatting it, aggregating it with other content or redistributing it other than in its complete and original format); (3) You will not engage in any “framing” of any pages of this Website or any of the Materials by copying any displaying any portions thereof through use of any in-line links or by any other manner; and (4) You agree to display any web page within this Website in full including all trademarks, advertising, banner ads and all other promotional materials, unaltered and without any additional content not included on the original webpage, including any frame, border, margin, design, logo, branding, third party trademark or any other advertising or promotional materials not displayed on the original webpage. We reserve the right at any time, in our sole discretion, to revoke your right to link to any webpage on this Website. Any other use by You of any external links to this Website made in any manner other than according to these terms is strictly prohibited. Notwithstanding the foregoing, You, or any of your employees, agents, affiliates or any other person or entity under your control, are restricted from placing any type of external link to this Website on any website that has been penalized or de-indexed by Google or any other major search engine due to the website’s content, spam practices, any malware/viruses contained on the website(s) or due to any other activities whatsoever in violation of the terms or policies of such search engine. In addition, You agree that You will immediately cause the removal of any links to this Website from any such third-party website(s) which has/have in fact been penalized or de-indexed by Google or any other major search engine, or which otherwise has/have caused us to suffer a decrease in search engine rankings, incur any search engine penalties or suffer any other damages due to the existence of any links to our Website.

Trademarks And Service Marks Notice

All logos or any other trademarks, trade names or service marks and/or any other marks or logos posted on this Website, whether marked or unmarked, is either owned by us, an affiliate or subsidiary, or by some third party. No trademarks, trade names, service marks, etc. posted on this Website may be used without the prior written consent of the owner. We retain all rights, ownership, title and interest in all trademarks, trade names or service marks contained on the Website owned by us, whether or not we have registered for or have been granted any such protections under State and/or Federal law. Additionally, any use of any metatags or any other tags or text not openly visible on this Website which utilizes our name, trademark, service mark, or uses the name of any product or service offered by us without the our prior written permission is strictly prohibited. You are restricted from “co-branding this Website with any third party website, product or business. This means You are restricted from copying any trademark, logo, service mark, trade name or any other Materials on this Website and displaying the same on any other website in any manner that would provide any viewer to reasonably conclude that such website is or could be affiliated with this Website and/or the Website operator and/or has permission to display the contents of this Website or any Materials.

Intellectual Property Disclaimer

Any references made on this Website to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Website. We do not endorse or recommend any services or products referenced on this Website unless otherwise expressly stated, however they may be referenced or identified.

External links Disclaimer

This Website may contain links to third party web sites not owned by us. Any external links are provided as a matter of convenience to You. This means that we do not endorse the content contained on any website linked to this Website or claim any affiliation or sponsorship with such third party website. By clicking on any external link, You understand you will be leaving this Website and will no longer be viewing any of the Materials. We have no control over the content contained in these other websites and have no obligation to review this content or information. If you decide to click on any of the links contained on this Website, You agree that You are doing so do entirely at your own risk. You agree that we are in no way responsible for the availability, reliability or performance of any websites linked to this Website. Additionally, we shall not be held responsible or liable, directly or indirectly, for any claim in connection with your use of such third party websites including, but not limited to, any computer viruses, data loss or any claims relating to any products or services sold on any third party websites.

WARRANTY DISCLAIMER

USE AND ACCESS OF THIS WEBSITE AND OF ANY OF THE MATERIALS IS DONE AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS ARE BEING PROVIDED “AS IS” AND “WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF THIS WEBSITE OR RELATING TO YOUR USE OF ANY OF THE MATERIALS IN ANY MANNER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, PERFORMANCE OR RELIABILITY OF THIS WEBSITE OR OF ANY MATERIALS OR THAT THIS WEBSITE OR ANY MATERIALS WILL MEET YOUR EXPECTATIONS OF USE OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED IN A TIMELY MANNER BY US. WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE MATERIALS OR OTHER INFORMATION CONTAINED ON THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE OR ANY OF THE MATERIALS ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION OR THAT THIS WEBSITE OR ANY OF THE MATERIALS WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE, APPLICATION OR PROGRAM THAT MAY CONTAIN HARMFUL ELEMENTS.

LIMITATIONS ON LIABILITY

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS WEBSITE IN ANY MANNER WHATSOEVER INCLUDING YOUR USE OR RELIANCE ON ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE OR CONTAINED ON ANY THIRD PARTY WEBSITE YOU ACCESS THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY DAMAGE YOU MAY INCUR, INCLUDING ANY DAMAGES NOT FORSEEABLE BY US AND REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR FOR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF AND YOUR RIGHTS UNDER ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE $1542.

Exceptions to Disclaimers And Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Indemnification by You

You agree to indemnify and hold us harmless, including our directors, officers, shareholders, members, managers, employees, agents or attorneys, to the extent applicable, from any and all claims, liabilities, legal proceedings, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: i) Your use of and interaction with this Website in any way whatsoever; or ii) any violation of the terms and conditions of this Agreement; or iii) violation of any law; or iv) violation of the rights of any third party for which any suit or legal proceeding is brought against us related to such violation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim and agree that we shall be entitled to exercise sole discretion over the control and manner of such defense.

Miscellaneous:

A. Severability

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

B. Entire Agreement

Except for the Privacy and Communications Policy or the terms of any Other Agreement, these terms supersede any and all prior and existing agreements, whether oral or in writing, between You and us with respect to your use and access of this Website and constitutes the entire agreement between the parties. This Agreement will be expressly incorporated by reference in each and every agreement between You and us regarding your use and access of this Website, including the terms of any Other Agreement.

C. Arbitration

YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSVIVELY BY ARBITRATIOIN. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement.

Any arbitration proceeding shall be brought and heard in Stephenson County, State of Illinois. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA.

D. Venue and Choice of Law

Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court of competent jurisdiction situated in Stephenson County, State of Illinois, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

E. Waiver

The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You. Any non-enforcement of this agreement by us shall not be considered a waiver of our rights to enforce the terms hereunder.

F. Termination of Website Services

We reserve the right at any time, in our absolute sole discretion, to modify or terminate, either temporarily or permanently, this Website, any of the Materials or any services or functions offered by or through this Website, with or without notice. You agree that we shall not be liable to You or to any third party for any such modification or termination. These Website terms shall remain in full force and effect notwithstanding any termination of your use of this website.

G. Headings/Construction

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against You or us.

H. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction