Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE:

By using the geoffPinkus.com web site (the "SITE"), you agree to these TERMS OF USE ("TERMS"). GeoffPinkus.com and GeoffPinkusRadio.com are the owners and managers of the SITE (the "OWNERS") and reserve the right to modify the TERMS at any time. You can review the most current version of the TERMS at any time at: http://www.geoffPinkus.com/terms.asp, and you should regularly check for changes. Your use of the SITE will signify your acceptance of the TERMS.

GENERAL USE OF THE SITE

You acknowledge that all the content on this SITE, including but not limited to images, audio clips, video clips, text and web markup language (including HTML and javascript programming) (the "Content") is protected by copyrights, trademarks and/or other intellectual and proprietary rights. Unauthorized duplication or use of any of this SITE in any way is prohibited and is a violation of copyright laws. All the Content is protected by United States copyright law and may not be used or copied in any way without the express prior written consent of the OWNERS. You may view the SITE for personal, noncommercial use only. If during the course of viewing the SITE your computer downloads any of the Content, this does not tranfer any ownership rights. Unauthorized use of the Content may subject to civil liability and/or criminal prosecution under applicable laws.

The SITE does not guarantee the reliablility of any of the Content. The SITE is for entertainment purposes only and nothing on the SITE should be relied upon as professional advise. You acknowledge that by accessing the SITE, you may be exposed to Content that is offensive, indecent or objectionable and may not be appropriate for children. The SITE is not directed to children under the age of 18. It is the responsibility of parents to employ parental controls to protect children from inappropriate material on the Internet. Under no circumstances will the SITE or the OWNERS be liable for Content, including but not limited to for any errors or omissions in Content or for loss or damage incurred as a result of the use of Content. The OWNERS may, at their sole discretion, suspend or terminate access to this SITE at any time, for any reason.

SUBMISSIONS TO THE SITE

Any data you enter into any of the pages of the SITE or any data you cause to be transferred to the SITE or the contents of any email you send to SITE are hereinafter called "SUBMISSIONS". By sending SUBMISSIONS to the SITE, you agree not use the technical mechanisms or any other parts of the SITE in inappropriate ways. You agree that:

• You will not send SUBMISSIONS that you know to be false, unlawful, harmful, threatening, abusive, tortious, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• You will not send SUBMISSIONS that infringes any patent, trademark, trade secret, copyright or other proprietary rights of another;
• You will not send SUBMISSIONS that are unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "stock touts," "pyramid schemes," or any other form of solicitation;
• You will not send SUBMISSIONS that contains software viruses or any other computer mechanisms designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• You will not send SUBMISSIONS that in any way interferes with the operation of the SITE.

By sending SUBMISSIONS to the SITE (including all emails), you grant to OWNERS the perpetual, non-exclusive, world-wide license to use the SUBMISSIONS in any way and in any medium.

REPORTING ALLEGED COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act, the designated agent to respond to reports alleging copyright infringement on the SITE is [Geoff Pinkus Radio, PO Box 61925. Barrington, IL 60010]. If you believe Material has been made available on the SITE that infringes on your copyright, send your complaint to: info@geoffPinkus.com.

LIMITATION OF LIABILITY

USE OF THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. THE OWNERS ALSO SPECIFICALLY DO NOT PROVIDE ANY WARRANTIES OF ANY KIND WITH RESPECT TO ANY CONTENT. THE OWNERS OFFER NO EXPRESS OR IMPLIED WARRANTY FOR THE SITE AND ITS FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SITE, ANY LINKS TO THE SITE, ANY CONTENT, SOFTWARE OR DATA DOWNLOADED FROM OR OTHERWISE ACCESSED VIA THE SITE. YOU AGREE THAT THE OWNERS, EMPLOYEES, AGENTS AND AFFILIATED PARTIES INVLOVED WITH THE SITE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE CONTENT OR YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OTHERWISE PROVIDED AT OR THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY THE OWNERS, EMPLOYEES, AGENTS AND AFFILIATED PARTIES FOR ALL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE AND ITS CONTENT.

LAWS AND REGULATIONS

These TERMS shall be governed by and construed and enforced in accordance with the laws of the State of Illinois. Any legal proceedings relating to these TERMS or the SITE shall be initiated in a state or federal court located in Cook County in the State of Illinois. You hereby consent to this exclusive jurisdiction. Your use of this SITE is governed by all applicable laws and regulations of the United States and any state or locality having jurisdiction. The Content may be subject to U.S. export and re-export control restrictions. Your use of this SITE may be subject to the laws of other countries if you are not located in the United States. If any portion or provisions of the TERMS are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these TERMS. This is the entire agreement relating to the TERMS. This agreement may be modified only by the OWNERS at their sole discretion by posting changes to the TERMS.

PRIVACY POLICY

Our Privacy Policy is a part of the TERMS, and covers information we collect on the SITE. This policy does not cover information collected offline or elsewhere.

You may be asked to provide personal identification information in connection with your access to all or part of the SITE. This personal identification information will only be collected from you if you voluntarily submit such information. The SITE uses security measures to protect the loss, misuse and alteration of the information under our control; however, all security is subject to possible circumvention, and we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us.

The information that you submit may be used in the following ways: your IP address may be used to help diagnose problems with our server, and to administer the SITE. Your IP address may also be used to help identify you and to gather broad demographic information that is anonymous in nature and is not associated with particular individuals. Other anonymous information (not including your name, address, email address or telephone number) about your visits to the SITE may be gathered for use in providing advertisements on the SITE. In the course of serving advertisements to SITE users, our third-party advertisers may place or recognize a unique "cookie" on your browser. If you have any questions about this Privacy Policy or the TERMS, you can contact: webmaster@geoffPinkus.com

Last Updated: 12/28/2009