PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CHICAGOPARKDISTRICT.COM (the "Site")
Ownership of Intellectual Property and Restrictions on Use
You agree to indemnify, defend and hold harmless, the Chicago Park District and their respective affiliates, as well as each of their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against all claims, losses, expenses, liabilities, damages and costs, including attorneys' fees, arising out of or relating to (i) any violation of this agreement by you and (ii) the use of the Site by you. The Chicago Park District reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses.
Disclaimer and Limitation of Liability
You hereby agree not to hold The Chicago Park District their affiliates, and their respective officers, directors, employees, agents, licensors and representatives liable for any service(s) delivered which originated through the Site or was otherwise provided by someone affiliated with the Site and you hereby release all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THE MATERIALS IN THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE CHICAGO PARK DISTRICT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CHICAGO PARK DISTRICT DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT THE CHICAGO PARK DISTRICT AND THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE CHICAGO PARK DISTRICT OR THEIR RESPECTIVE AGENTS AND EMPLOYEES, OFFICERS OR DIRECTORS AND AFFILIATE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL SUCH PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
Last Updated: Thursday, October 27, 2011 11:41:10 AM