Terms

Terms of Service

These Terms of Service govern your use of The Indianapolis Chapter of CSI (CSIINDY.org) website (the "Service") only and do not govern your use of other Indianapolis Chapter of CSI services, such as services offered by The Winner’s Circle newsletter.

The Service contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

As part of our Service, The Indianapolis Chapter of CSI (CSIINDY.org) agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the The Indianapolis Chapter of CSI (CSIINDY.org) website after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by The Indianapolis Chapter of CSI (CSIINDY.org). However, you may not, without the prior written permission of The Indianapolis Chapter of CSI (CSIINDY.org), frame any of the content of the Service, or incorporate into another website or other service any material, content or intellectual property belonging to The Indianapolis Chapter of CSI (CSIINDY.org), its parent or affiliate companies or their licensors.

License to The Indianapolis Chapter of CSI (CSIINDY.org)

By posting messages, uploading files, or otherwise providing any material to us for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting The Indianapolis Chapter of CSI (CSIINDY.org) a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimer

Through the Service, The Indianapolis Chapter of CSI (aka csiindy.org) has provided links and pointers to Internet sites maintained by third parties. The Indianapolis Chapter of CSI (aka csiindy.org)'s linking to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither Gannett Satellite Information Network, Inc., the owner of The Indianapolis Chapter of CSI (aka csiindy.org), or its Board of Directors, members operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by the The Indianapolis Chapter of CSI (aka csiindy.org) website. The information, products and services offered on or through the Service and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, The Indianapolis Chapter of CSI (aka csiindy.org) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Indianapolis Chapter of CSI (aka csiindy.org) does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

The Indianapolis Chapter of CSI (aka csiindy.org) does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not The Indianapolis Chapter of CSI (aka csiindy.org)) assume the entire cost of all necessary maintenance, repair or correction.

The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Interactive Features

This Service may include a variety of features, such as bulletin boards and chat rooms, which allow feedback to The Indianapolis Chapter of CSI (CSIINDY.org) and real-time interaction between users, and other features, such e-mail services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user - you alone are responsible for the material you post. The Indianapolis Chapter of CSI (CSIINDY.org) does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:
• Restrict or inhibit any other user from using and enjoying the Service.

• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

• Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

• Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of The Indianapolis Chapter of CSI (CSIINDY.org).

• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.

You understand that The Indianapolis Chapter of CSI (CSIINDY.org) has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, The Indianapolis Chapter of CSI (CSIINDY.org) reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in The Indianapolis Chapter of CSI (CSIINDY.org) 's sole discretion are objectionable or in violation of these Terms of Service.

Registration

To access certain features of the Service, The Indianapolis Chapter of CSI (CSIINDY.org) may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Service, such as chat rooms or bulletin boards, you may also be asked to register with The Indianapolis Chapter of CSI (CSIINDY.org) on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form. If The Indianapolis Chapter of CSI (CSIINDY.org) has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, The Indianapolis Chapter of CSI (CSIINDY.org) has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Indianapolis Chapter of CSI (CSIINDY.org)'s use of any personally identifying information you provide to The Indianapolis Chapter of CSI (CSIINDY.org) as part of the registration process is governed by the terms of The Indianapolis Chapter of CSI (CSIINDY.org)'s Privacy Policy.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall The Indianapolis Chapter of CSI (CSIINDY.org), its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, The Indianapolis Chapter of CSI (CSIINDY.org) materials, products, or services, third party materials, products, or services made available through The Indianapolis Chapter of CSI (CSIINDY.org), or any part of the Service even if The Indianapolis Chapter of CSI (CSIINDY.org) is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of The Indianapolis Chapter of CSI (CSIINDY.org), its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that The Indianapolis Chapter of CSI (CSIINDY.org) is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any The Indianapolis Chapter of CSI (CSIINDY.org) material, products, or services, or with any of The Indianapolis Chapter of CSI (CSIINDY.org) 's terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Termination

The Indianapolis Chapter of CSI (CSIINDY.org) may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between The Indianapolis Chapter of CSI (CSIINDY.org) and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This Advertising and Listing Terms Of Service Agreement describes the terms and conditions
applicable to your advertising and/or listing of your business in The Indianapolis Chapter of CSI’s website located on the Internet at http://www.csiindy.org, and/or other Internet website locations hereinafter called the website owned and operated by The Indianapolis Chapter of CSI. This Advertising and Listing Agreement constitutes an agreement between you and The Indianapolis Chapter of CSI. The Indianapolis Chapter of CSI may revise and update this agreement periodically, without notice.

YOU AGREE TO BE BOUND BY ANY SUCH REVISION AND/OR UPDATE TO THIS AGREEMENT AND THEREFORE AGREE TO VISIT http://www.csiindy.org/AdvertisingTerms.html LOCATED ON THE INTERNET TO REVIEW THE AGREEMENT TO KEEP YOURSELF CURRENT AS TO ANY REVISIONS AND UPDATES AT LEAST ONCE A MONTH.

Use of Materials and Content, Restrictions, Copyrights

Materials in this website are copyrighted by The Indianapolis Chapter of CSI (CSIINDY.org), and/or their licensors, and/or their advertisers and/or the creator of the materials. None of the Material or content of this website may be saved, downloaded, copied or reproduced in any form by you including but not limited to electronic, digital, mechanical, photocopying without the prior written permission of The Indianapolis Chapter of CSI (CSIINDY.org), the copyright holder or the owner of the Material. All images are for viewing purposes only. No permission is given to download and/or save any Material on this website unless prior written permission is granted by the copyright holder and/or owner of images. Additionally the material on this website is not to be "mirrored" on any other server.

The Indianapolis Chapter of CSI (CSIINDY.org) Rights To Use Materials Supplied By You

You hereby grant to The Indianapolis Chapter of CSI (CSIINDY.org), by the act of, delivering, transmitting, uploading Material to The Indianapolis Chapter of CSI (CSIINDY.org) and/or otherwise authorizing The Indianapolis Chapter of CSI (CSIINDY.org) to use Materials as described in this agreement, a nonexclusive, worldwide, royalty-free license to:

(a) edit, modify or convert the Material into form that will enable The Indianapolis Chapter of CSI (CSIINDY.org) to display, broadcast, and transmit or otherwise communicate the Material on any The Indianapolis Chapter of CSI (CSIINDY.org) web site;

(b) reproduce, distribute, display, broadcast, and transmit or otherwise communicate the Material for the purpose of advertising and/or promoting your products and/or services;

(c) use any trademarks, service marks, trade names, and copyrighted matter incorporated in the Materials you send us for the purpose of advertising and/or promoting your products and/or services; and for advertising and/or promoting The Indianapolis Chapter of CSI (CSIINDY.org) websites, products, and/or services;

(d) use the name and likeness of any individuals embodied or represented in the Material sent to us for the purpose of advertising and/or promoting your products and/or services. The term "Material" herein means all material and information that you submit to The Indianapolis Chapter of CSI (CSIINDY.org) or authorize The Indianapolis Chapter of CSI (CSIINDY.org) to use, including but not limited to photographic images, electronic images, recipes, menus, hours, driving directions, restaurant and/or supplier business description, coupons, entertainment information, text, restaurant and/or supplier business name and/or logo and any content used or hyperlinked from your restaurant and/or supplier business website. You represent and warrant that (a) the Material is your original work, (b) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement and to list the Material on our web site, (c) the Material does not and will not infringe on

any third party's copyright, patent, trademark, trade secret or other proprietary rights of publicity or privacy, or moral rights, (d) the Material does not and will not violate any law, statute, ordinance or regulation, (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) the Material does not and will not contain any viruses or other programming routines that detrimentally interfere with computer systems or data, (g) all factual assertions that you have made and will make to us are true and complete. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this Agreement.

Term of This Agreement

This agreement is effective upon completion of your online or written insertion order and/or listing and advertising form and shall remain in effect until your insertion order, listing and/or advertising is no longer renewed or when all of your materials are removed from the website, whichever is longer. You agree to provide The Indianapolis Chapter of CSI (CSIINDY.org) your materials for publication on a timely basis. Failure on your part to provide materials on a timely basis will not extend your insertion order or advertising and listing term, nor shall you be given any credit for not having a full and complete listing and/or advertisement.

Compliance With Local Laws

The Indianapolis Chapter of CSI (CSIINDY.org) makes NO representation that the materials and content contained in this website are legal in all jurisdictions. You are responsible to ensure that all content and materials provided to The Indianapolis Chapter of CSI (CSIINDY.org) for use in this website is in compliance with applicable local laws.

Content, Material Accuracy

You agree to review all information that you provide to The Indianapolis Chapter of CSI (CSIINDY.org) for completeness or accuracy. You are responsible for typographical errors or omissions of any kind. You agree to review all your material and content posted to the website, immediately, for accuracy, upon notification of its posting or each day after providing The Indianapolis Chapter of CSI (CSIINDY.org) the materials for publication until such Materials are published by The Indianapolis Chapter of CSI (CSIINDY.org). Additionally, you agree to bear the entire liability arising from any claim resulting from any error or omission in any information published to the website by The Indianapolis Chapter of CSI (CSIINDY.org) or its agents or yourself in conjunction with your listing and/or advertisement regardless of who is responsible for the error or omission.

Maintenance and Update of Materials On This Website - User Name and Password

You agree that you are responsible for maintaining and updating your Materials published on this website except for electronic images or photographic images. Electronic or photographic images shall be published to this website by The Indianapolis Chapter of CSI (CSIINDY.org) when received from you. You shall receive an User Name and Password for access to the website. If you request The Indianapolis Chapter of CSI (CSIINDY.org) to maintain or update your materials you agree to pay the current prevailing labor rate at that time for services provided. Minimum billing is one hour.

Unauthorized Access To This Website

You agree not to disclose your user name and password to third parties. You agree to bear the entire liability arising from any claim resulting from unauthorized access to this website in conjunction with the user name and password provided to you. Further, you agree to bear the entire liability arising from any claim resulting from all other types of other unauthorized access to this website not associated with your user name and password that results in your Materials being damaged, corrupted, modified and/or destroyed however arising.

Hyperlinks

You authorize The Indianapolis Chapter of CSI (CSIINDY.org), to provide hyperlinks to third party websites from your advertisement and/or listing on The Indianapolis Chapter of CSI (CSIINDY.org) owned websites. You agree to maintain websites you control in good operating order as a matter of practice. Additionally, You agree to indemnify and hold harmless The Indianapolis Chapter of CSI (CSIINDY.org) against any claim arising from hyperlinks to and/or from use of third party websites that are linked to The Indianapolis Chapter of CSI (CSIINDY.org) owned websites, including but not limited to any claim in connection with computer viruses, content, materials, goods or services provided or offered by you, or others to The Indianapolis Chapter of CSI (CSIINDY.org) or its website users. You are NOT permitted to hyperlink content including but not limited to images and web pages on third party websites and/or web servers to the website without The Indianapolis Chapter of CSI (CSIINDY.org) express written permission. Hyperlinks are prohibited from third party websites to The Indianapolis Chapter of CSI (CSIINDY.org) owned websites or Materials contained within The Indianapolis Chapter of CSI (CSIINDY.org) websites including but not limited to web pages photography and/or virtual tours

Communications & Privacy

Any material, information, or e-mail you transmit or provide to The Indianapolis Chapter of CSI (CSIINDY.org), directly or indirectly to its users, or to the website by any means will be considered non-confidential and non-proprietary. You agree that any such material, information or e-mail is the property of The Indianapolis Chapter of CSI (CSIINDY.org) and may be used for any purpose. Further you agree that any material, information or e-mail you or your business receives from at your provided e-mail addresses from The Indianapolis Chapter of CSI (CSIINDY.org) and/or the website users will be considered non-confidential and non-proprietary and shall is the property of The Indianapolis Chapter of CSI (CSIINDY.org) and may be used for any purpose. You agree not to transmit or provide any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive material to The Indianapolis Chapter of CSI (CSIINDY.org), its users or the website.

Trademarks, Service Marks, Copyrights and Use of Third Party Materials

THE INDIANAPOLIS CHAPTER OF CSI (CSIINDY.ORG), their advertisers, licensors and/or the provider of the materials own all trademarks, service marks and copyrighted material posted on the website. Trademarks, service marks, and/or copyrighted Materials may not be used with out the prior written permission of their owner. The trademarks CSI, The Construction Specifications Institute, are owned by
The Construction Specifications Institute. All other trademarks or service marks are owned by their respective companies. You agree not to make any reference to third party Trademarks, Service Marks and/or Materials without the express written permission of the owner of such Trademarks, Service Marks and/or Materials. Such references include but is not limited to restaurant reviews prepared and/or published by third parties.

Removal of Content or Materials From The Website

You agree that The Indianapolis Chapter of CSI (CSIINDY.org) reserves the right to terminate services and/or remove any of your material or content from the website for any reason it deems appropriate without prior notice to you should The Indianapolis Chapter of CSI (CSIINDY.org) at its own discretion believe that it may violate this agreement. Additionally, any material or content that is involved in a trademark, service mark or copyright dispute will be removed from the website until the dispute is resolved by mutual agreement of the parties involved or by a court of law.

Warranties

You agree that The Indianapolis Chapter of CSI (CSIINDY.org) makes no warranty that this website shall meet your requirements, or that this website is error free or that the quality of this website will meet your expectations. This website may not operate and/or display properly on all Internet browsers. Additionally, You acknowledge that the website may become non-operational due to normal website maintenance and occasional technical difficulties. You agree you will not make any claim against The Indianapolis Chapter of CSI (CSIINDY.org) for any malfunction, loss of data, non-operation/display, non performance, of the website and/or website database and/or website files.

Payment for Products and Services

Payment for products and services provided to you by The Indianapolis Chapter of CSI (CSIINDY.org) is required at time of sale unless other written arrangements are made in advance. All overdue payments shall accrue interest at the lesser of 1-1/2% per month or the maximum interest rate permitted by law. You agree you shall pay The Indianapolis Chapter of CSI (CSIINDY.org) for any costs incurred, including reasonable attorney's fees, in collecting overdue payments and/or interest from you.

Indemnity

You agree to indemnify and hold harmless The Indianapolis Chapter of CSI (CSIINDY.org), its directors, officers, employees, agents and vendors from any claim arising from your listing, advertising or providing materials for use on this website, or from any breach of this agreement, or from your violation of any law or your violation of the rights of any third party. Additionally, If legal action is threatened or commenced against The Indianapolis Chapter of CSI (CSIINDY.org) in connection with your listing, advertising or materials published on this website, The Indianapolis Chapter of CSI (CSIINDY.org) shall give immediate written notice thereof to you. You shall defend, indemnify and hold The Indianapolis Chapter of CSI (CSIINDY.org), and its directors, officers, employees and agents, harmless against all claims, suits, costs, damages, judgments, attorney fees, settlement or expenses incurred, claimed, obtained or sustained by third parties, whether for intellectual property infringement, dilution, misappropriation or otherwise, arising out of your listing, advertising or providing materials for use on this website, or from your breach of this agreement, or from your violation of any law or your violation of the rights of any third party. You shall have the right to defend any such action or proceeding with attorneys of your own choosing. Should you fail to defend, The Indianapolis Chapter of CSI (CSIINDY.org) shall have the right to defend such action at your expense.

Liability Limitation & Disclaimer of Warranties

YOU AGREE THAT THE INDIANAPOLIS CHAPTER OF CSI (CSIINDY.ORG) INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF PUBLISHING YOUR LISTING, ADVERTISING, LINKS, MATERIALS OR ANY OTHER SERVICE PROVIDED BY THE INDIANAPOLIS CHAPTER OF CSI (CSIINDY.ORG) FOR YOUR RESTAURANT AND/OR SUPPLIER BUSINESS ON THIS WEBSITE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

Severability

Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and or impaired thereby, enforceability of the remaining provisions of this Agreement shall not be affected

Waiver

The waiver by The Indianapolis Chapter of CSI (CSIINDY.org) 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.

User Terms Of Service Agreement

You agree to be additionally bound by the separate "Website User Agreement" (User Terms of Service) accessible from the Home Page of the Website anytime you are viewing the Website.

Scope of Agreement

This Advertising and Listing Terms Of Service constitutes the entire agreement between you and The Indianapolis Chapter of CSI (CSIINDY.org) except for insertion order, advertising, listing, payment and/or release forms completed in conjunction with placing an order with The Indianapolis Chapter of CSI (CSIINDY.org) which are to be incorporated into and considered part of this agreement. This agreement supersedes any previous agreements on this subject. If any part of this agreement is found to be unenforceable for any reason, all other parts of this agreement shall remain in effect. Any non-enforcement of this agreement by The Indianapolis Chapter of CSI (CSIINDY.org) shall not be considered a waiver of rights. The laws of the State of Indiana shall govern this agreement. The State of Indiana is the exclusive jurisdiction for disputes. Venue for any disputes will be in State court in Marion County, Indiana or Federal Court located in Indianapolis, Indiana.