Orland Perks Mobile Application
Terms of Service
1. ACCEPTANCE OF TERMS
The Village of Orland Park (“Village”) provides the Orland Park Perks app for smart phones (“Orland Park Perks”) to you subject to the following Terms of Service Agreement (“Agreement”) which may be updated by us from time to time. Updates will be posted on Orland Park Perks. By accessing and using Orland Park Perks, you accept and agree to be bound by the terms and provision of this Agreement, as updated.
Orland Park Perks provides users with an application to find local commercial entities, events and discounts within the Village of Orland Park. Unless explicitly stated otherwise, any new features that augment or enhance Orland Park Perks are covered by this Agreement. You are responsible for obtaining access to Orland Park Perks, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. You understand that the technical processing and transmission of the Orland Park Perks services, including your requests, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
If you provide any information that is untrue, inaccurate, offensive, incomplete or not current, or if the Village has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, incomplete or not current, the Village has the right to suspend or terminate your account and refuse any and all current or future use of the Orland Park Perks services, or any portion thereof.
4. USER CONDUCT
You understand that all information, data, text, photographs, graphics or other materials (“Content”), whether marked by the user as shared or not, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Village, are entirely responsible for all Content that you submit or otherwise make available via Orland Park Perks. The Village does not does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Village be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content submitted or otherwise made available via Orland Park Perks. The Village is under no obligation to enforce this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user violated this Agreement, we reserve the right to investigate and take appropriate action at the Village’s sole discretion.
You agree to not use Orland Park Parks to:
(a) submit Content that is false or inaccurate;
(b) submit Content that does not generally pertain to the designated topic or theme;
(c) submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) harm minors in any way;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of communication not relevant to specific Village service requests;
(i) submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) “stalk” or otherwise harass another; or
(I) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (k) above.
You acknowledge that the Village may or may not pre-screen Content that is shared, but that the Village and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse, or remove any Content that is available via Orland Park Perks. Without limiting the foregoing, the Village and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and understand that Orland Park Perks is not a public forum.
You acknowledge, consent and agree that the Village may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service;
(v) protect the rights, property or personal safety of the Village, its users and the public.
You may agree not to attempt to override or circumvent any of the usage rules embedded into Orland Park Perks. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Orland Park Perks, in whole or in part, is strictly prohibited.
You agree not to trace any information of any other Orland Park Perks user or visitor or otherwise use Orland Park Perks for the purpose of obtaining information of any other Orland Park Perks user.
You agree not to modify or create derivative works of Orland Park Perks, decompile or reverse engineer Orland Park Perks or otherwise attempt to create the source code from Orland Park Perks, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of Orland Park Perks.
You agree not to attempt to gain unauthorized access to Orland Park Perks or the computer systems and networks connected to Orland Park Perks through hacking, password mining, or any other means.
You agree not to use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Orland Park Perks or any Village content. You may not access, retrieve or index any portion of Orland Park Perks for purposes of constructing a searchable database of data collected by Orland Park Perks.
You agree not to release the results of any performance or functional evaluation of Orland Park Perks to any third party without prior written approval of the Village for each such release. You agree not to take any action that imposes, or may impose, in the Village’s sole discretion, an unreasonable or disproportionately large load on the Village’s technology infrastructure or otherwise make excessive traffic demands of Orland Park Perks.
5. INTERSTATE NATURE OF COMMUNICATIONS ON ORLAND PARK PERKS
When you use the application, you acknowledge that in using Orland Park Perks to send service requests, you will be causing communications to be sent potentially through a variety of networks (Internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of the Orland Park Perks may result in interstate data transmissions.
6. CONTENT SUBMITTED ON ORLAND PARK PERKS
With respect to Content you submit on Orland Park Perks, the Village may use, distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of promoting Orland Park Perks or any other Village-related efforts. This right does not terminate. The Content and your information may also be subject to disclosure under the Illinois Freedom of Information Act. However, the Village shall protect your information as required by the Illinois Personal Information Act, 815 ILCS 350, et seq. and the Biometric Information Privacy Act, 740 ILCS 14/1, et seq.
7. SUBMISSIONS TO THE VILLAGE
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to the Village through its suggestion or feedback pages, you acknowledge and agree that:
(a) your Submissions do not contain confidential or proprietary information;
(b) the Village is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
(c) the Village shall be entitled to use or disclose, or choose not to use or disclose, such Submissions for any purpose, in any way, in any media worldwide;
(d) the Village may have something similar to the Submissions already under consideration or in development;
(e) your Submissions automatically become the property of the Village without any obligation of the Village to you;
(f) you are not entitled to any compensation or reimbursement of any kind from the Village under any circumstances.
8. INDEMNITY
You agree to indemnify and hold the Village and its officers, agents, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
(a) Content you submit or otherwise make available through Orland Park Perks,
(b) your use of Orland Park Perks,
(c) your connection to Orland Park Perks,
(d) your violation of this Agreement,
(e) your violation of any Rights of another.
9. NO COMMERCIAL REUSE OF ORLAND PARK PERKS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Orland Park Perks.
10. MODIFICATIONS TO ORLAND PARK PERKS
The Village reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Orland Park Perks (or any part thereof) with or without notice. You agree that the Village shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Orland Park Perks (or any part thereof).
11. TERMINATION
You agree that the Village may, without prior notice, immediately terminate, limit your access to or suspend your Orland Park Perks service. Cause for such termination, limitation of access or suspension shall include but not be limited to:
(a) breaches or violations of this Agreement or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to Orland Park Perks, or any part thereof,
(d) unexpected technical or security issues or problems, or
(e) extended periods of inactivity, or
(f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the Village’s sole discretion and that the Village shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Orland Park Perks.
12. LINKS
The Village may provide links to other World Wide Web sites or resources. You acknowledge and agree that the Village is not responsible for the availability of such external sites or resources. Orland Park Perks may facilitate your use of third party services not provided by the Village (“Third Party Services”). The Village makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
13. THE VILLAGE’S PROPRIETARY RIGHTS
You acknowledge and agree that Orland Park Perks contains proprietary and confidential information that is owned by the Village and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of Orland Park Perks in compliance with the provisions of this Agreement.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF ORLAND PARK PERKS IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE VILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE VILLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
(i) ORLAND PARK PERKS WILL MEET YOUR REQUIREMENTS;
(ii) ORLAND PARK PERKS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ORLAND PARK PERKS WILL BE ACCURATE OR RELIABLE;
(iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
(v) ORLAND PARK PERKS WILL BE FREE FROM CORRUPTION, VIRUSES, HACKING, OR OTHER SECURITY INTRUSION.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE VILLAGE SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(c) ANY CONTENT OBTAINED FROM THE SERVICES;
(d) EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Village HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT THE VILLAGE IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF ORLAND PARK PERKS AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION. YOU AGREE THAT THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE VILLAGE AND YOU AND THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND THE VILLAGE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY THE VILLAGE WOULD NOT PROVIDE ORLAND PARK PERKS TO YOU.
16. NOTICE
The Village may provide you with notices regarding Orland Park Perks, including changes to this Agreement, by email, SMS, text message, postings on Orland Park Perks, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately. Such notices may not be received if you violate this Agreement by accessing the Orland Park Perks in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed Orland Park Perks in an authorized manner.
17. MINOR
You represent that you are 13 years of age or older and that, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are legal guardian (“Minor”), to use Orland Park Perks, you agree that you shall be solely responsible for: (a) the online conduct of such Minor, (b) monitoring such Minor’s access to and use of Orland Park Perks, and (3) the consequences of any use of Orland Park Perks by such Minor.
18. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Illinois without regard to any conflict of law provisions. You agree that any claim or dispute with the Village relating in any way to your use of Orland Park Perks shall be brought exclusively before a court of competent jurisdiction in Cook County, Illinois, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
19. MISCELLANEOUS
This Agreement, as updated, constitutes the entire agreement between you and the Village with respect to your use of Orland Park Perks, superseding any prior version of this Agreement between you and the Village with respect to Orland Park Perks. If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. The Village’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to your use of Orland Park Perks must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The rights and remedies of the Village provided for under this Agreement are in addition to any other rights and remedies provided by law.