Brill Street + Company

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Terms

Brill Street Website Terms Of Use

1. Acceptance.

Welcome to www.brillstreet.com (the “Site”). This page (“Notice”) governs your use of the Site and the content, information and services provided through the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Brill Street + Company, Inc. (“Brill Street”) reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes. Each time you use this Site, your agreement to be bound to this Notice, and to our Privacy Policy, is renewed, which includes any modified terms and conditions. You agree that this Notice represents a fair allocation of risk and liability.

2. Eligibility / Other Agreements.

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, you may not use the Site. If you do not agree with each provision of this Notice, or you are not authorized to agree to and accept this Notice, you may not use the Site.

This Notice is in addition to and supplements any written agreements that you or any persons you represent have with Brill Street, now or in the future. This Notice, together with such other agreements, constitute the entire agreement regarding your use of the Site. In the event of any inconsistency or conflict between the provisions of this Notice and any such other agreement, the provisions of this Notice shall govern your access to and use of the Site.

3. License.

Brill Street grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal, non-public and non-commercial use. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of Brill Street or its content suppliers, partners, affiliates, contributors or third parties. The Material is protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Brill Street’s prior written consent.

All Brill Street trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Brill Street or its partners, affiliates, contributors or third parties. You shall not use the Marks in any manner without Brill Street’s prior written consent.

4. User Submissions.

The Site provides a forum for you to obtain information on employment opportunities, interns, assignments, and career information and other information related to Brill Street and its services. By submitting or entering information about you or your organization to the Site (“Submitted Materials”), you agree that you grant Brill Street a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Materials, by any means, forever and worldwide.

You acknowledge and accept that the Site is only a passive forum for users to obtain information about employment opportunities, interns, assignments, and career information and other information related to Brill Street and its services. Brill Street does not screen or monitor any Submitted Materials and is not obligated to do so. Brill Street, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. Brill Street reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Brill Street considers to be unacceptable, and reserves the right to take no action with regard to any Submitted Materials. In the event Brill Street receives notification regarding any unacceptable Submitted Materials, Brill Street may investigate such materials, in its sole discretion. Under no circumstances will Brill Street be liable in any way for any Submitted Materials, including, but not limited to, any errors or omissions in any Submitted Materials, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Submitted Materials on the Site.

You acknowledge and agree that Brill Street may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if Brill Street believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect the rights or property of Brill Street; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Brill Street’s claim under this Notice; (vi) satisfy any claims regarding violations of a third party’s rights; and (vii) protect the personal safety of the users or the public. You acknowledge and agree that Brill Street may disclose your Submitted Materials, in the case of interns and prospective interns, to prospective clients and customers of Brill Street, and to interns and prospective interns, in the case of prospective clients and customers of Brill Street. You authorize Brill Street to (a) accept and read communications received from you, regardless of the party to whom such communications may be addressed, (b) respond to your communications by email or otherwise, and (c) notify you of news, updates, special offers or other notices by email or other communications from Brill Street.

5. General Prohibition.

In connection with your Use, you agree NOT to:

  1. violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
  2. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
  3. upload, post, transmit, or store any material that:
    1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, objectionable, abusive, vulgar, hateful, sexually explicit or which discloses private or personal matters concerning any person;
    2. breaches any of your contractual or confidentiality obligations;
    3. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, posting any abnormally large file or other material, or transmitting any file that permits unauthorized access to the Site or Brill Street’s systems; or
    4. are not permitted by Brill Street, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
  4. violate others’ privacy rights or personal rights by abusing the Material, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting others’ personal information;
  5. breach or attempt to breach any security measures of the Site;
  6. use any device, process, or mechanism to monitor, retrieve, search, or access the Site, Submitted Materials, Material or other data or content without Brill Street’s systems or network without Brill Street’s prior written consent;
  7. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Submitted Materials or Material, except for materials that have been submitted and are owned by you;
  8. post or submit any inaccurate, false, misleading or incomplete information, including your resume, biographical data, or employment information, and any information contained therein;
  9. impersonate any person or entity;
  10. forge any header information in any electronic posting or mail; or
  11. misrepresent yourself, your affiliation with any third party, or your entity.

6. Specific Usage And Responsibilities.

Brill Street requires that its users act in a lawful and civil manner when using the Site or using our services in any manner. Accordingly, in addition to the general responsibilities listed in Section 5, you agree to:

  1. use the Site only for lawful purposes in searching for employment opportunities, interns, assignments, career information and other information regarding Brill Street and its services;
  2. provide and maintain complete, correct, up-to-date, and accurate information on your Submitted Materials;
  3. post only materials for which you have all the necessary rights or licenses;
  4. use your own good judgment, caution, and common sense in managing job opportunities, intern profiles, and information offered by or obtained from the Site; and
  5. bear the risks of any reliance or use of any Submitted Materials or Material or any information provided by any third party.

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You shall not monitor or copy, or allow others to monitor or copy, the Site or the content included herein. You shall not “frame” or otherwise simulate the appearance or function of the Site. Furthermore, you shall not take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

7. Account And Password.

The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Brill Street if there is any unauthorized use of your account or any breach of security. You are responsible for maintaining the confidentiality of your account logon and password, and are fully responsible for all activities that occur under your account logon and password with or without your knowledge. If you knowingly provide your account logon and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Brill Street of any unauthorized use of your password or account or any other breach of security. Brill Street cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You agree that Brill Street may, with or without cause, immediately terminate your account or any service provided through the Site without prior notice. Without limiting the foregoing, the following will lead to a termination by Brill Street of your use of any service provided through Site (a) breaches or violations of these Terms of Use, the Privacy Policy, or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes removal of access to all services provided through the Site and may also bar you from further use of such services. All terminations shall be made in Brill Street’s sole discretion and Brill Street shall not be liable to you nor any third party for any termination of your account or access to service provided through the Site.

8. Relationship With Brill Street.

You understand and agree that Brill Street (a) does not warrant that you will receive any assignment through the Site; (b) does not warrant that you will receive any services from Brill Street; (c) does not guarantee the placement of any Intern; and (d) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties.

9. Links To Third Parties; Downloading Files.

The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not be controlled or monitored by Brill Street. Brill Street shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Brill Street and the owner of the Linked Sites or any endorsement or sponsorship by Brill Street of the Linked Sites. Brill Street includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.

Brill Street cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Site is the copyrighted work of Brill Street or its partners, affiliates, contributors or third parties. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

10. Privacy.

Brill Street collects, uses and discloses Submitted Materials and information regarding your use of the site in accordance with the Privacy Policy. By accepting this Notice, and each time you use the Site, you consent to use and disclosure of your Submitted Materials and other information in accordance with the Privacy Policy. Please click for more details regarding our Privacy Policy.

11. Indemnification.

You agree to indemnify, defend, and hold Brill Street, its shareholders, officers, directors, agents, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.

12. Disclaimer.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFOMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BRILL STREET TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION, DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND BRILL STREET’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

BRILL STREET WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY BRILL STREET TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY BRILL STREET IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO BRILL STREET BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRILL STREET MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND BRILL STREET DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Liability And Limitations Of Liability.

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE BRILL STREET, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU FURTHER UNDERSTAND AND AGREE THAT BRILL STREET, ITS SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF BRILL STREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, BRILL STREET’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

14. Termination.

Brill Street has the right, in its sole discretion, to terminate any services of the Site and remove any Material and Submitted Materials from the Site. Brill Street may also terminate your access to any part or all of the services provided by Brill Street on the Site at any time, with or without cause or notice, for any reason. You should always maintain a copy of your Submitted Materials.

15. General.

You agree that there is no employment, partnership, agency, joint employer or joint venture relationship between you and Brill Street arising out of or resulting from your Use of the Site. This Notice is governed by the laws of the State of Illinois, United States of America, without giving effect to any principles of conflict of laws. Brill Street does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.

Last updated: May 08, 2008.

If you need more information regarding the Site or this Notice, please contact:

Mailing Address:
Webmaster
Brill Street + Company, Inc.
445 West Erie Street, Suite 200
Chicago, IL 60610

Email Address
webmaster@brillstreet.com

© 2008 Brill Street + Company, Inc. All rights reserved. Equal Opportunity Employer.