Gallagher reserves the right, at its discretion, to change, modify, add or remove portions of the Terms at any time by posting such changes to the Site. You understand that you have the affirmative obligation to check the Terms periodically for changes, and you hereby agree to periodically review the Terms for such changes. The continued use of the Site following the posting of any such modifications to the Terms will constitute your acceptance of such changes.
BY USING OR OTHERWISE ACCESSING THE SITE; CREATING, REGISTERING OR ACCESSING AN ACCOUNT; POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE; OR MANIFESTING YOUR ASSENT TO THE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THE TERMS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE. YOUR USE OF THE SITE IS SUBJECT TO YOUR PRIOR AND CONTINUED ACCEPTANCE OF THE TERMS, AS WELL AS THE TERMS OF GALLAGHER'S PRIVACY NOTICE. PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, CERTAIN LIMITATIONS AND EXCLUSIONS.
1. ACCESSING OUR SITE
1.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
1.2 From time to time, we may restrict access to some parts of the Site, or our entire Site, to guest users or users who have registered with us, as applicable.
1.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.
1.4 When using our Site, you agree: a) not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the Terms, b) not to access or use the Site in any way that breaches any applicable local, national or international law or regulation, c) not to access or use the Site in any way be unlawful, libelous, defamatory, threatening, malicious, abusive, pornographic, obscene or embarrassing to any person, d) not to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party, e) not to use the Site in any way which infringes or may reasonably infringe on any other person's copyright, trade mark, trade secret, know how or any other intellectual property rights.
1.5 You agree to defend, indemnify and hold harmless Gallagher, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with
(a) your access to or use of the Site or any part thereof,
(b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under the Terms,
(c) infringement or misappropriation of any intellectual property or other rights of Gallagher or third parties by you,
(d) any negligence or willful misconduct by you,
(e) any other claim related to your performance under the Terms, or
(f) your use of any Content, services, or products provided by Gallagher.
1.6 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms, and that they comply with them.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Gallagher or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
2.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material posted on the Site.
2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.4 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
2.5 You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors. 2.6 If you print off, copy or download any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its Content.
4. OUR SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the Content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5. OUR LIABILITY
5.1 The material displayed on the Site is provided on an "as is" and "as available" basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2 The contents of the Site are for general informational purposes only (and do not constitute any form of professional advice) and should not be used or relied upon as a substitute for detailed advice specific to you or your organization. Where the contents of the Site include a recommendation or an assessment of risk, such recommendation or assessment of risk is an expression of opinion only and not a statement of fact. Any decision to rely upon any such recommendation or assessment (or any other part of the Site) will be solely at your own risk, for which we accept no liability. The Contents of the Site do not replace the need for you to make your own assessment. Before taking any action based upon any of the Contents of the Site, you should consult one of our professionals or other appropriate advisor.
5.3 This does not affect our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Notice. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
7. VIRUSES, HACKING AND OTHER OFFENCES
7.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
7.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
8. LINKING TO OUR SITE
8.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 You must not establish a link from any website that is not owned by you.
8.3 The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permissions without notice.
9. LINKS FROM OUR SITE
10. JURISDICTION AND APPLICABLE LAW
10.1 The validity and effect of the Terms shall be governed by, and construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE SITE, ITS USE, THESE TERMS, SERVICE, POLICY OR PROCEDURE OF GALLAGHER, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF ILLINOIS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.
10.2 You acknowledge and agree that any expenses that you incur in furtherance of the Terms are voluntary in nature and are made with the knowledge that the Terms may be terminated as provided herein. You shall not make a claim against Gallagher, and Gallagher shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of the Terms beyond the term hereof.
The parties agree that breach of the Terms would cause irreparable harm and significant injury to Gallagher which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Gallagher has the right to enforce the Terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Gallagher may have for your breach of the Terms.