Terms of Use & Privacy Policy

BritView

IMPORTANT INFORMATION REGARDING PRIVACY AND TERMS OF USE

ver. 23 October 2015

BritView (“BritView”), a program of the British-American Business Council, Chicago (“BABCC”), an Illinois non-profit corporation, is committed to establishing a clear understanding of its relationship with visitors to the BritView website and blogs (“Visitors”), including the terms under which information, resources, and third-party opinion (“Platform”) are available and the protection of privacy through this website (“Website”). The Visitor’s access to the Website is governed by the General Provisions, Privacy Policy, and Terms of Use (collectively, the “Agreement”) which follow. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall govern.

If you have questions or concerns regarding this Agreement, you should first contact BritView at knaus@BritView.com and fully resolve such before you utilize this Website in any manner. In addition to your formal acknowledgment, your access to the Website and/or use of Platform constitutes your agreement to be bound by the terms of this Agreement.

GENERAL PROVISIONS

CHANGES TO THE PRIVACY POLICY AND/OR TERMS OF USE
BritView may from time to time change the Privacy Policy, Terms of Use, and/or General Provisions. The amended Agreement will be posted on the Website indicating the changes, together with a comment on the “Home” page. Should the Visitor continue to access the Website and/or use the Platform after the receipt of such notice (by landing on the Home page), such shall constitute Visitor’s agreement to be bound by the Agreement as then amended. If any communication is made by email, delivery of the email notice shall be deemed upon dispatch to the Visitor’s email address of record. In the event that the Visitor chooses to not accept this Agreement as amended, then the Visitor agrees to refrain from any access to the Website and to cease using the Platform. No forbearance or failure by BritView to enforce any right hereunder shall be deemed a waiver thereof or an amendment to this Agreement. No action or statement by any person other than the president of the BABCC shall operate to amend the terms of this Agreement.

ASSIGNMENT
BritView may assign its rights and obligations under this Agreement as a result of any sale, merger, or other transfer, in whole or any part, of BritView, and/or to any parent, subsidiary, or any affiliate. Visitor may not assign any rights and obligations hereunder.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Visitor and BritView; there exist no verbal or other written agreements, promises, and/or inducements. If any provisions of this Agreement are determined invalid or unenforceable, the subject provision shall be reformed to reflect, as nearly as possible, the original intentions of the parties as consistent with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.

BABCC CORPORATE STATUS; THIRD PARTY CONTRIBUTIONS
BABCC is an Illinois non-profit corporation. Certain information, resources, opinions, advice, etc. as provided by third parties, including but not limited to “blog” contributors and authors, may be found within the Website (“Third Party Contributions”). The BABCC expressly disclaims any and all endorsement of any Third Party Contributions and/or Guest Barometers. In no event shall any claims and/or demands by made upon, and/or liabilities or judgments attach to, the respective officers, directors, employees, volunteers, and/or agents of the BABCC and its BritView program on account of any Third Party Contributions and/or Guest Barometers.

CHOICE OF LAW; DISPUTE RESOLUTION
This Agreement shall be subject and interpreted according to the laws of the State of Illinois. It is the hope of BABCC that any issues and concerns will be quickly and amicably resolved. In the event that a Visitor feels that a matter exists, contact should be made to stevens@BritView.com. However, should the matter remain unresolved, then, at the election of BritView in its sole and absolute discretion, such shall be subject to binding arbitration before the American Arbitration Association, with proceedings to be conduct in Chicago, Illinois. The subject matter before the arbitration tribunal may include claims for monetary damages, and equitable and injunctive relief. The arbitration tribunal shall consist of one arbitrator, the decision or award of whom shall be final and binding and upon which judgment may be entered in any competent court, expressly including such sitting in the County of Cook, State of Illinois. Notwithstanding the foregoing, Visitor shall not look to BritView to resolve any disputes with a Provider (defined in the Terms of Use).

BritView

TERMS OF USE
ver. 23 October 2015

The following are the terms of use (“Terms of Use”) of this Website currently in effect as of the date written above, subject to amendment. Together with the Privacy Policy and General Provisions, such constitutes the Agreement between BritView and the Visitor. Before proceeding to access the Website and/or use of the Platform, a Visitor must ensure that all provisions are read, understood, and agreed.

ACCEPTANCE OF TERMS
The Platform is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which term also incorporates the Privacy Policy available at www.BritView.com/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Site by BABCC, each of which is incorporated by reference and each of which may be updated by BABCC from time to time without notice to you. In addition, some Platform offered through the Platform may be subject to additional terms and conditions promulgated by BABCC from time to time; your use of such Platform is subject to those additional terms and conditions, which are incorporated into these Terms of Use.

PROPER AGE
The Platform is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. BABCC may, in its sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Platform is revoked in such jurisdictions.

MODIFICATION OF TERMS OF USE
BABCC reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Platform (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. BABCC may also impose limits on certain features and Platform or restrict your access to parts or all of the Platform without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Platform following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

RULES AND CONDUCT
As a condition of use, you promise not to use the Platform for any purpose that is prohibited by the Terms of Use. The Platform (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Platform. For purposes of the Terms of Use, the term “Content” includes, without limitation, any Third Party Contributions, Guest Barometers, User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by BABCC or its partners on or through the Platform. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Platform, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of BABCC or any third party; or
• impersonates any person or entity, including any employee or representative of BABCC.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by BABCC in its sole discretion) an unreasonable or disproportionately large load on BABCC’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures BABCC may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Platform; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Platform, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

BABCC does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Platform. BABCC has no obligation to monitor the Site, Platform, Content, or User Submissions. However, BABCC reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Platform at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if BABCC is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Platform.

THIRD PARTY SITES
The Platform may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, including but not limited to the websites of Third Party Contributions and/or Guest Barometers, you do so at your own risk. These other websites are not under BABCC’s control, and you acknowledge that BABCC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by BABCC or any association with its operators. You further acknowledge and agree that BABCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or Platform available on or through any such website or resource.

CONTENT AND LICENSE
You agree that the Platform contains Content specifically provided by BABCC, Third Party Contributions, and/or Guest Barometers, and that such Content is protected by copyrights, trademarks, Platform marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Platform. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from BABCC, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

TERMINATION
BABCC may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER
BABCC has no special relationship with or fiduciary duty to you. You acknowledge that BABCC has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BABCC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. BABCC makes no representations concerning any Content contained in or accessed through the Site, and BABCC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Platform.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BABCC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): BABCC MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. BABCC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on BABCC’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Platform.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless BABCC, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Platform, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. BABCC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BABCC in asserting any available defenses.

LIMITATION OF LIABILITY
IN NO EVENT SHALL BABCC, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PLATFORM, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR PLATFORM (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OR (IV) FOR ANY AND ALL INJURIES, DEATH, LOSSES, COSTS, AND EXPENSES INCURRED BY THE VISITOR AND ALL PERSONS CLAIMING BY OR THROUGH THE VISITOR.

ELECTRONIC DELIVERY/NOTICE POLICY AND YOUR CONSENT
By using the Platform, you consent to receive from BritView all communications including notices, agreements, legally required disclosures or other information in connection with the Platform (collectively, “Notices”) electronically. BritView may provide such electronic Notices by posting them on the BritView Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the BritView Site and Platform.

INTEGRATION AND SEVERABILITY
The Terms of Use are the entire agreement between you and BABCC with respect to the Platform and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BABCC with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

MISCELLANEOUS
BABCC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BABCC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with BABCC’s prior written consent. BABCC may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, which shall be solely through binding arbitration as provided under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when posted on the Site under this page.

BritView
PRIVACY POLICY

ver. 23 October 2015

The following is the Privacy Policy (“Privacy Policy”) of this Website currently in effect as of the date written above, subject to amendment. Together with the Terms of Use and General Provisions, such constitutes the Agreement between BritView and the Visitor. Before proceeding to access the Website and/or use any Platform, a Visitor must ensure that all provisions are read, understood, and agreed.

BRITVIEW POLICY AND OTHER PARTIES
This Privacy Policy solely regards BritView and its practices. BritView does not control and cannot describe and/or guarantee to privacy policies of other parties, including Providers and companies which may be accessed through the Website. Caution should be exercised by a Visitor when considering providing any private information, especially when the Visitor has left the Website.

CHILDREN’S PRIVACY
BritView has a policy of protecting the privacy of children. The Website and the general practices of BritView are not intended or designed to attract children under the age of 13. BritView does not collect personally identifiable information from any person we actually know is a child under the age of 13.

VISITOR’S PRIVATE INFORMATION
A Visitor may choose to provide to BritView information which contains personal identifying information (“Visitor’s Private Information”), this is treated differently than the Visitor’s Public Information which may have been submitted with a request that BritView post such in the Public Area of the website (such as blog entries, reviews, etc.). Visitor’s Private Information may include, but is not limited to: first and last name, username and password, date of birth, gender, preferred geographic areas, etc.; email addresses may be collected and are separately addressed below. A Visitor is not obligated to provide Private Information, however the absence of full information may affect the functionality of the Website and the ability to provide Platform and, in such circumstances, BritView may determine that a particular Visitor’s registration is insufficient to complete. Notwithstanding the foregoing, no Visitor shall provide false Private Information. In no event does BritView sell or otherwise share Visitor’s Private Information with third parties.

BRITVIEW SECURITY PROTOCOLS
BritView has established protocols for safeguarding all Private Information, with both physical and electronic security measures which are, from time to time, analyzed for utility. Although BritView cannot guarantee that Private Information will never be stolen by third parties, it does use commercially reasonable standards of care to protect Private Information from unauthorized disclosure.

NON-PRIVATE INFORMATION AUTOMATICALLY COLLECTED FROM WEBSITE USERS
When the Website is accessed by Visitors, whether or not registered, certain information will be automatically collected from and information deposited to the Visitor’s computer. The items collected do not contain personally-identifiable information and are intended to understand the Visitor’s use of the Website, improve its functionality, and allow for customized experience. Types of such information may include:

A. Cookies. Small files which are stored on the Visitor’s hard drive to allow the Visitor to avoid having to re-enter data when the Website is revisited; such data regards user preferences, history of pages visited, etc. A Visitor may delete or block cookies.

B. Traffic Data. The collection of a Visitor’s IP address, domain server, type of computer, type of browsers, website from which a Visitor came to the Website and to which a Visitor may thereafter link, and similar information.

With regard to cookies, traffic data, and similar information, none contain Visitor’s Private Information or any other personally identifying information. BritView may utilize such non-private information for its own research purposes and may share non-personally identifying information with third parties.

COMMUNICATIONS FROM BRITVIEW OR THIRD PARTIES
BritView will utilize a Visitor’s contact information, including email and telephone, to provide Platform. It may from time to time send to Visitors travel, deposit, and other information, special offers, promotional materials, system upgrade alerts, notices of changes to this Agreement, and similar communications. BritView may, based upon the preferences of Visitors, provide email contact information to third parties which may offer Platform or products of interest to a Visitor. All Visitors shall have an “opt-out” right from having email contact information shared with third parties. Further, Visitors shall have an opt-out right as to promotional and similar non-essential types of communications from BritView. In the circumstance that a Visitor desires to exercise this opt-out, contact may be made to knaus@BritView.com. If a Visitor desires to receive no communications from BritView, the registration must be terminated.

BRITVIEW CONTRACTORS AND ASSIGNEES
From time to time BritView may contract with others to assist in maintaining the Website and providing Platform (“BritView Contractors”). In all such cases the contractors shall be bound by the terms of this Agreement, as amended. Under such agreements, including the covenants of this Agreement, BritView may allow on a limited, need-to-know basis, access by BritView Contractors to Visitor’s Private Information and other information. BritView will employ the same standards of care to supervise the use thereof by such BritView Contractors. No other entities other than BritView Contractors shall be provided such access.

LEGAL DEMANDS FOR DISCLOSURE
Although rare, BritView may be required to disclose a Visitor’s information when required by law. In such instances, it shall reasonably endeavor to contact the subject Visitor of a pending demand for information before compliance. In no event shall BritView be liable for any consequences of its good-faith compliance in response to any written demand by or through a judicial or governmental agency authority. Should a Visitor initiate proceedings to contest a demand, then the Visitor shall be responsible for the attorneys’ fees and costs incurred by BritView in such proceeding. In the event that BritView is compelled to make the disclosure before a Visitor can advised, then BritView shall provide notice thereof as soon as possible thereafter. Notice shall be sufficient by dispatch to the Visitor’s email address of record.