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Last Updated December 2009
1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Welcome
to ILVTE.com. These Terms and Conditions of Use ("Terms of
Use") apply to the ILVTE.com web site and associated web
pages (collectively, "Web Site") operated by ILVTE.com or
its parent, subsidiary and/or affiliated companies (collectively,
"ILVTE.com"). By using ILVTE.com, you agree
to be bound by these Terms of Use.
2. DESCRIPTION OF SERVICE
ILVTE.com
provides users with a variety of resources, including the ability to
view a traffic violation online and/or to pay a violation online (the
"Services"). The Services, including any updates, enhancements or new
features, are subject to the Terms of Use.
3. CHANGES IN TERMS AND CONDITIONS
ILVTE.com
reserves the right to modify or terminate the Services from time to
time, for any reason, and without notice. You agree that
ILVTE.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Services.
ILVTE.com reserves the right to change the terms,
conditions and notices under which it offers the Web Site. You are
responsible for regularly reviewing these terms, conditions and notices
and any additional terms posted on the Web Site. Your continued use of
the Web Site after the effective date of such changes constitutes your
acceptance of the changes.
4. PRIVACY POLICY
Please also review our Privacy Policy,
which provides information on the collection and use of your
information and also governs your visit to the ILVTE.com
Web Site.
5. USE OF THE ILVTE.COM WEB SITE
The
Web Site is only for your personal use. You will not use the Web Site
for commercial purposes. You will not use the Web Site in any way that
is unlawful or harms ILVTE.com or any third party
assisting in transaction processing. You may not use the Web Site in
any way that breaches any code of conduct, policy or other notice
applicable to the Web Site. Without limiting the generality of this
section, you may not use the Web Site in any manner that could do
damage, overburden, disable or impair any ILVTE.com Web
Site (or the network(s) connected to any ILVTE.com Web
Site), interfere with any other party's use of the
ILVTE.com Web Site, or otherwise violate any applicable
laws or regulations. ILVTE.com reserves the right at all
times to disclose any information as ILVTE.com deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, to enforce these Terms of Use or to protect the
rights of ILVTE.com, users of the Web Site and/or the
public.
You agree that ILVTE.com may, in
its sole discretion and without prior notice, terminate your access to
the Web Site or Services, for any reason whatsoever, including but not
limited to, your violation of these Terms of Use. If
ILVTE.com does take any legal action against you as a
result of your violation of these Terms of Use, ILVTE.com
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 ILVTE.com. You agree that
ILVTE.com will not be liable to you or to any third party
for termination of your access to the Web Site as a result of any
violation of these Terms of Use.
6. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE WEB SITE IS PROVIDED ON AN "AS
IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS
TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ILVTE.com MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED. ILVTE.com DISCLAIMS ANY
AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED,
INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE
OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT
ACCESS TO OR USE OF THE ILVTE.com WEB SITE AND/OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, RELIABLE OR TIMELY.
ILVTE.com CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU
DOWNLOAD FROM THE WEB SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. ILVTE.com 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 WEB SITE AND/OR ANY
SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEB SITE
AND ANY LINKED SITES.
WITHOUT LIMITING THE FOREGOING,
UNDER NO CIRCUMSTANCES SHALL ILVTE.com BE HELD LIABLE FOR
ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL,
INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT
FAILURES, ELECTRICAL POWER FAILURES, ACTS OF GOD, GOVERNMENTAL ACTIONS,
ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE
OF THIRD PARTIES.
7. LIMITATION OF LIABILITY
IN
NO EVENT WILL ILVTE.com BE LIABLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR
RESULTING FROM YOUR USE OF THE ILVTE.com WEB SITE, EVEN IF
ILVTE.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 7 IS INDEPENDENT OF
YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES
ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) TORT
(INCLUDING NEGLIGENCE), OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF
YOU ARE DISSATISFIED WITH THE WEB SITE, YOU DO NOT AGREE WITH ANY PART
OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR
AGAINST ILVTE.com WITH RESPECT TO THESE TERMS OF USE OR
THE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEB SITE.
8. VOID WHERE PROHIBITED
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential
damages. Accordingly, some of the above limitations of Sections 6 and 7
may not apply to you. You may also have other rights that vary from
state to state and jurisdiction to jurisdiction.
9. INDEMNITY
You
agree to indemnify and hold ILVTE.com (including its
parent, subsidiary and affiliated companies), its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
and affiliates, harmless from any demands, losses, liability, claims or
expenses (including attorneys' fees) made against
ILVTE.com by any third party due to or arising out of or
in connection with your use of the ILVTE.com Web Site or
Services.
10. APPLICABLE LAW
You
agree that all matters relating to your use of the
ILVTE.com Web 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 principles of conflict of laws.
11. DISPUTE RESOLUTION
Any
disputes must be brought within one (1) year after the cause of action
arises, or such claim or cause of action is permanently barred. In the
event of any controversy or dispute between ILVTE.com and
you arising out of or in connection with your use of the Web Site, the
parties shall attempt, in good faith, to resolve any such dispute. If
the parties are unable to resolve such dispute within a reasonable time
(not to exceed thirty (30) days), then either party may submit such
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.
12. ENTIRE AGREEMENT
These
Terms of Use constitute the entire agreement between the parties with
respect to the subject matter, and supersedes and replaces all prior or
contemporaneous written or oral understandings or agreements regarding
such subject matter. Any waiver of any provision of the Terms of Use
will be effective only if in writing and signed by
ILVTE.com.
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