Website Terms of Use

Leadership Greater Chicago

Website Terms of Use

These Website Terms of Use (the “Terms of Use” or “Terms”) govern your use of the website https://lgcchicago.org/ and its related marketing channels, and the online portal (the “Portal”) (collectively, the “Site”). As used in the Terms, “We”, “Us”, and “LGC” refers to Leadership Greater Chicago, Inc., an Illinois not for profit corporation. By using the Site, you are accepting these Terms of Use and any modifications we make to them from time to time. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link on the Site. Read these Terms of Use carefully and completely. The Terms of Use describe LGC’s rights with respect to the Site and your obligations with respect to your use of the Site. If you do not accept these terms, you are not authorized to use the Site and must discontinue all use immediately. 

THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE ARBITRATION AND CLASS WAIVER SECTION BELOW.

1. CHANGES TO TERMS/SITE
We may make changes to the Site from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing prior notice to you:

2. PRIVACY

The protection of your personal information is important to us and we take care to protect the personal information you provide us. LGC’s Privacy Policy is available at https://lgcchicago.org/privacy-policy (the “Privacy Policy”). By using the Site, you consent to all actions taken by LGC with respect to your personal information in compliance with the Privacy Policy and/or these Terms.

3. USER INFORMATION
To use certain parts of the Site and/or portal, you might be required to register for a user account (“Account”) and/or provide certain information about yourself as prompted by the applicable form. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation. You are entirely responsible for maintaining the confidentiality of your Account log-in information and for all activities that occur under your Account. You agree to immediately notify LGC of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. LGC is not liable for any loss or damage arising from your failure to comply with the above requirements. We have the right to disable any Account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. ACCESS TO SITE
(a) Limited Right to Use. This Site is intended solely for those individuals who are eighteen (18) years of age and older and who reside in the United States. By using the Site, you represent and warrant that you meet these eligibility requirements and that your use of the Site will comply with all applicable laws and regulations. Subject to your ongoing compliance with these Terms, LGC grants you a personal, limited, nontransferable, nonexclusive, nonassignable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms of Use. All content included on the Site, such as text, graphics, logos, images, designs, products, video, data, and other material (collectively “Content”) is our owned or licensed property and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of LGC and their respective licensors and protected by U.S. and international copyright laws. You may use the Site only as permitted by law and these Terms of Use. All rights not expressly granted to you in these Terms are reserved and retained by LGC and/or its licensors or suppliers. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted are reserved by LGC. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:

(c) User Content. The Content also includes information that you and other users provide us in the course of using the Site, including without limitation information posted on the Site or geolocation information (collectively, “User Content”), which we may use to provide, maintain and improve the Site. Some Content may be visible to others (for example, the Site may allow you to upload, post, or otherwise share content). You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site, or that you contribute in any manner to the Site; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it and to grant to LGC the license set forth below; and such User Content shall be considered non-confidential and you license to LGC all proprietary rights in and to such User Content to use, reproduce, modify, perform, display, distribute, publish, compile, and otherwise disclose to third parties any such User Content for any purpose. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any User Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. LGC reserves (i) the right to remove any User Content from the Site at any time, 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 we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, and (ii) the right to take any action with respect to any User Content that is deemed necessary or appropriate in LGC’s sole discretion, including but not limited to, terminating or suspending your access to all or part of the Site or disclosing your identity or other information about you to law enforcement or any third party who claims that material posted by you violates their rights. YOU WAIVE AND HOLD HARMLESS LGC AND ITS LICENSEES, SERVICE PROVIDERS, AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES OR THIRD PARTIES DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF YOU.

(d) Right to Use the Site. You must be 18 years of age or older to use the Site. If you are not at least 18 years old, do not use the Site. Additionally, we reserve the right to deny access or use of the Site and the products and services we offer on it to anyone at any time in our sole and absolute discretion.

5. ONLINE PORTAL

The Portal is available to registered LGC Fellows, board members, and staff to provide access to organization information, brand assets, and other resources to help further the Fellow experience and the LGC mission. By accessing and using the Portal, you are agreeing to be bound by the additional terms and conditions set forth in this section. 

A. Use of the Portal. 

B. Portal Content. 

C. Portal User-Generated Content, Comments, and Submissions. 

D. Portal Directory and Community Rosters. The Portal features directory and community rosters of all active Fellows. By agreeing to these Terms, your name, title, and affiliation will be populated in the Portal directory and community rosters by default. This information will be visible to all portal users. To opt-out of sharing of information on the Portal, Fellows can email info@lgcchicago.org with the request.

E. Representation and Warranties. LGC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Portal by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE PORTAL IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK.

F. Reporting of Abusive or Prohibited Conduct. If you have knowledge of abusive, infringing or otherwise unlawful Submissions or other content on the Portal, we want to know. Please send an e-mail to info@lgcchicago.org describing the content or conduct in detail, including the address/URL where the content is found and the date and time viewed, and we will investigate removing this material from the Portal. 

6. COPYRIGHT COMPLAINTS

In operating the Site, LGC may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that LGC does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. LGC has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of LGC or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available through the Site infringes a copyright, you should notify LGC using the notice procedure for claimed infringement under the DMCA (17 U.S.C Sect. 512(c)(2)). LGC will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Please send infringement notices under the DMCA to:

7. THIRD-PARTY SERVICES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social networking sites. We do not endorse and we are not responsible for and have no liability for functionality, actions, inactions, privacy setting, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

8. EMAIL/SMS/TEXT COMMUNICATIONS

Email, personal phone numbers and SMS consent will not be shared with third parties for SMS purposes, but is used strictly by us for communication purposes. By providing your email or phone number, you consent to receive informational nonmarketing text messages, including messages that may be sent using email blasts or an automatic telephone dialing system from Leadership Greater Chicago, Inc. By providing your phone number and signing up for text messages, you consent to receive promotional, marketing, and informational nonmarketing text messages, including messages that may be sent using an automatic telephone dialing system from Leadership Greater Chicago, Inc. regardless of whether the phone number is listed on any federal or state Do Not Call registry. Msg & data rates may apply. Unsubscribe at any time by replying STOP or clicking the unsubscribe link. Consent to receive text messages is not a condition for use.

9. INDEMNITY
You agree to defend, indemnify and hold harmless LGC and their respective licensors, suppliers, officers, directors, employees, contractors, agents, successors, and assigns from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of Site and its products/services, (ii) your use of any information or other materials obtained from the Site, (iii) your violation of these Terms or any third-party terms and conditions of use/service, (iv) any Content (including User Content you provide); or (v) your violation of any law or the rights of any third party. LGC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LGC and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without LGC’s prior written consent. LGC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. WARRANTY DISCLAIMERS
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH), WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS ON THE SITE FOR ANY PURPOSE. WE PROVIDE ALL SUCH PRODUCTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

11. LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (i) LGC OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY “LGC PARTIES” AND EACH A “LGC PARTY”) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF AN APPLICABLE LGC PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) ANY LGC PARTY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO LGC FOR THE SERVICES OR THE PRODUCT GIVING RISE TO THE CLAIM IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. FOR THE AVOIDANCE OF DOUBT, LGC DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS. UNDER NO CIRCUMSTANCES WILL ANY LGC PARTY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY VIOLATION OF ANY THIRD-PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

12. TERM AND TERMINATION

(a) These Terms will remain in full force and effect so long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms. At any time, LGC may (i) suspend or terminate your rights to access or use the Site, or (ii) terminate these Terms with respect to you if LGC in good faith believes that you have used the Site in violation of these Terms, including any incorporated guidelines, terms or rules.

(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Site, including any license granted under these Terms, will automatically terminate.

13. DISPUTE RESOLUTION/ARBITRATION
(a) Disputes. You and LGC agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, its contents, tools, services, or this Agreement (a “Claim”) will be determined solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be the State of Illinois.

(b) What is Arbitration? Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and LGC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of the Site. Either party may submit a dispute to final and binding arbitration. You may file for an arbitration by first sending to LGC a written Notice of your Claim (“Notice of Claim”). The Notice of Claim to LGC should be sent in care of our registered agent President, Leadership Greater Chicago, Inc.,  303 East Wacker Drive, Suite 2060, Chicago, Illinois 60601. The Notice of Claim should include both the mailing address and email address you would like LGC to use to contact you. If LGC elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by LGC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought. You and LGC agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and LGC, therefore, agree that, after a Notice of Claim is sent but before either you or LGC commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if LGC is represented by counsel, its counsel may participate in the conference as well, but LGC agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or LGC may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that you may not commence any arbitration unless you and LGC are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with LGC during that time. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless LGC and you agree otherwise, any arbitration hearings will take place in the county of either your residence or of the mailing address you provided in your Notice of Claim.

(c) Discovery/Document Exchange/Evidence/Burden. Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed by Fed.R.Civ. P. 26(a)(1), and as to other documents or information, upon a finding of good cause by the arbitrator. The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration, and the Party seeking a remedy shall have the burden of proving by a preponderance of the evidence of such Party’s entitlement thereto.

(d) Selection of Arbitrator. A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the AAA Commercial Arbitration Rules and Procedures at https://www.adr.org/Rules.

(e) Arbitral Decision/Review. The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by this Agreement. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Agreement. The arbitrator’s award or other decision shall be final and binding on the Parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but LGC will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and LGC will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or LGC and you and LGC waive any objection to such fee modification.

(f) Class-Action Waiver. You and LGC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and LGC agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If LGC believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that LGC may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this section shall be null and void. This section shall survive expiration, termination these Terms of Use.

(g) Right to Opt-Out. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to LGC: 303 East Wacker Drive, Suite 2060, Chicago, Illinois 60601Attn: CEO, via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. LGC may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.

I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.

14. MISCELLANEOUS
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and LGC regarding the use of the Site. Any failure by LGC to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.

(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without LGC’s prior written consent. Any attempted or unauthorized assignment shall be null and void. These Terms may be assigned by LGC without restriction. These Terms are binding upon any permitted assignee.

(c) Notifications. LGC may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site.

(d) Jurisdiction. These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Illinois, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in Illinois. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action these Terms of Use.

15. CONTACT INFORMATION

If you have any questions on this Terms of Use, please contact us:
Email: info@lgcchicago.org
Corporate Offices: Leadership Greater Chicago, Inc., 303 East Wacker Drive, Suite 2060, Chicago, Illinois 60601