www.Stenograph.com
WEBSITE TERMS OF USE
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Stenograph web site located at www.Stenograph.com (the “Site”). The Site is the property of Stenograph, LLC (“Stenograph”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Stenograph reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes means that you accept and agree to the Terms of Use then in effect. Stenograph grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site solely in accordance with these Terms of Use.
Content
All material, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and content on, at or in the Site (collectively, “Content”), including but not limited to the design, presentation, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on, at or in the Site is owned, controlled or licensed by or to Stenograph, and is protected by intellectual property rights and laws (including, among other things, copyright, trade dress, patent and trademark laws), unfair competition laws and various other applicable local, state, and federal laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Stenograph’s express prior written consent.
You may use information concerning Stenograph products, software and services that Stenograph has purposely made available for downloading from the Site, provided that, unless Stenograph agrees in writing otherwise, you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast or publish it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such materials.
Submissions
Stenograph does not claim ownership of content or materials you post, upload, input or submit to, for or through the Site (including feedback and suggestions) for review by the general public (collectively, "Submissions"). However, except as expressly provided otherwise, any Submissions shall be deemed to be non-confidential and Stenograph shall be free to use the same on an unrestricted basis. Except as expressly provided otherwise, by posting, uploading, inputting or submitting ("Posting") your Submission, you are granting Stenograph and its designees permission to use your Submission in connection with the operation of the Site, including, without limitation, a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense, distribute, create derivative works of, publicly perform, publicly display, and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, related to or concerning Stenograph, its business, the Site, and Stenograph’s products, software and services, without compensation to you. Further, you grant Stenograph and its designees permission to publish your name in connection with your Submission, and the right to sublicense such rights to any supplier of services related to or referenced in the Site.
By Posting a Submission, you:
represent and warrant that you are solely responsible for the content of your Submissions and any information that you choose to communicate via your Submissions;
represent and warrant that (i) you own or otherwise control all of the rights to your Submissions, including without limitation all copyrights and trademarks, you are fully authorized to make your Submissions and agree to the terms hereof, and you have the rights necessary to grant the licenses and sublicense described in these Terms of Use; (ii) your Submissions, in whole or in part, do not violate the rights of any other person or entity, such as rights of privacy and publicity, that each person depicted, reflected or referenced therein has consented to the use as set forth in these Terms of Use and no further authorization is needed from any other person or party; (iii) and your Submissions comply with applicable laws, rules and regulations;
agree that, promptly upon Stenograph’s written request, you will sign a document provided by Stenograph confirming that you have granted to Stenograph these rights in your Submission; and
agree that you will indemnify and defend Stenograph and its affiliate companies, and their respective officers, directors, shareholders, predecessors, successors in interest, employees and agents, from and against all demands, loss, liability, claims or expenses (including attorneys’ fees) arising from or related to the Submissions or the content therein, or Stenograph’s use of the Submissions as provided herein, including, without limitation, any claims concerning the violation of the rights of a third-party or applicable law. Stenograph reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Stenograph may be made without Stenograph’s prior written approval.
You may not Post a Submission that is defamatory, obscene, lewd, or inappropriate, or uses any material or content owned by a third party, or any trademarks, service marks, logos, brands, or products other than those owned by Stenograph, without proper authorization.
No compensation will be paid with respect to the use of your Submission. Stenograph is under no obligation to post or use any Submission and Stenograph may remove any Submission at any time in its sole discretion.
Software
All software that is made available to download from the Site (collectively, "Software") is the copyrighted work of Stenograph and/or its licensors. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install and use any Software unless you first agree to the applicable License Agreement terms. Any reproduction or redistribution of the Software not in accordance with the applicable License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Stenograph HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Usage Restrictions
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Stenograph server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Stenograph, including any Stenograph account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not take any action that could damage, disable, overburden, or impair the Site, any Stenograph server, or any systems or networks connected to the Site or to Stenograph.
You may not use any device, software or routine to interfere or take any action that could interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use or enjoyment of the Site.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Stenograph or others. You may not use the Site or any Content if you are not of sufficient legal age to use or participate in such service or feature or your usage or participation would otherwise be unlawful or prohibited by applicable law.
Privacy Policy; Additional Terms and Conditions
See the Stenograph’s Privacy Policy disclosures relating to the collection and use of your information. Stenograph’s Privacy Policy applies to use of this Site, and its terms are incorporated into these Terms of Use by reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Stenograph’s Standard Terms and Conditions of Sale, software license terms and other terms and conditions may apply to purchases of products, licensing of software and provision of services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are incorporated into these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any products, software or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific products, software or service.
Stenograph’s obligations, if any, with regard to its products, software and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Stenograph may make changes to any products, software or services offered on the Site, or to the applicable prices for any such products, software or services, at any time, without notice. The materials on the Site with respect to products, software and services may be out of date, and Stenograph makes no commitment to update the materials on the Site with respect to such products, software and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Stenograph immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Stenograph or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of such account. Stenograph cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Stenograph’s control, and Stenograph is not responsible for and does not endorse the content of such Linked Sites, including any functionality or security of such Linked Sites or information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
STENOGRAPH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STENOGRAPH CANNOT ENSURE THAT ANY CONTENT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STENOGRAPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STENOGRAPH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY STENOGRAPH PRODUCTS, SOFTWARE OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST STENOGRAPH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Stenograph reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Stenograph be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, business or goodwill, even if Stenograph has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Stenograph is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Stenograph’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Stenograph (but not including the purchase price for any Stenograph products or software), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Stenograph and its affiliate companies, and their respective officers, directors, shareholders, predecessors, successors in interest, employees and agents, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Stenograph by any third party due to or arising out of or in connection with your use of the Site. Stenograph reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Stenograph may be made without Stenograph’s prior written approval.
Violation of These Terms of Use
Stenograph may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Stenograph’s rights or property, or the rights or property of visitors to or users of the Site, including Stenograph’s customers. Stenograph reserves the right at all times to disclose any information that Stenograph deems necessary to comply with any applicable law, regulation, legal process or governmental request. Stenograph also may disclose your information when Stenograph determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Stenograph may preserve any transmittal or communication by you with Stenograph through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Stenograph determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Stenograph, its employees, users of or visitors to the Site, and the public.
You agree that Stenograph may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and may cause irreparable harm to Stenograph, for which monetary damages would be inadequate, and you consent to Stenograph seeking any injunctive or equitable relief that Stenograph deems necessary or appropriate in such circumstances without proof of actual damages and without obligation to post bond or other security to secure such remedies. These remedies are in addition to any other remedies Stenograph may have at law or in equity.
You agree that Stenograph may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Stenograph does take any legal action against you as a result of your violation of these Terms of Use, Stenograph will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Stenograph. You agree that Stenograph will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Notices and Procedure for Making Claims of Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright, trademark or other infringement should be sent to Stenograph's Designated Agent at 2626 Warrenville Rd., Downers Grove, IL 60515. Stenograph may provide your notice to third parties (including the alleged infringer). Notices of copyright infringement must comply with the Digital Millennium Copyright Act. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Chicago, IL, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for products and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Stenograph and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Stenograph administers and operates the www.Stenograph.com Site from its location in Downers Grove, IL, USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Stenograph reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Stenograph with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Stenograph with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Stenograph, Stenograph will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Stenograph’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Stenograph of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Stenograph and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Copyright © 2016 Stenograph, LLC. All rights reserved.
Updated March 17, 2017
Our address and telephone number
Stenograph, L.L.C.
2626 Warrenville Road
Downers Grove, IL 60515-1775 USA
+1-630-532-5100