TERMS & CONDITIONS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, along with all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this website. Should you have any questions or concerns relating to these Terms, or your agreement to be bound by the same based on your use of this website, contact:
Experience Based Learning, Inc.
(815) 637-2969 (phone)
3634 Laura Lane
Rockford, IL 61114
This website contains information, including, without limitation, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material (collectively “Content”) that belongs to EBL. Specifically, the trademarks listed below in Section 12 are either federally registered trademarks or pending registration with the United States Patent and Trademark Office (“USPTO”). Additionally, EBL claims copyrights on all photos contained on this website.
By using this website, you acknowledge and agree that all Content is protected by copyright, trademark and other intellectual property and proprietary laws and rights in effect in the United States and elsewhere, and that these rights are valid and protected in all forms, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on this website, including, but not limited to, EBL’s names, logos and other marks is transferred to you as a result of your use of this website.
3. Use License
Permission is granted to temporarily download or make one copy of the Content (information or software) provided you:
• Do not change or modify the Content or remove any copyright, trademark or other intellectual property notices;
• Use the Content solely for personal, non-commercial transitory use and refrain from posting the Content elsewhere on the Internet, any other website or other media;
• Refrain from making any representations and/or warranties relating to the Content;
• Do not attempt to decompile or reverse engineer any software or construction practices from video and picture sources contained on EBL’s web site
This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions and may be terminated by EBL at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Any illegal or unauthorized use of this website shall constitute a violation of our Terms and Conditions. You do not have permission to access our website in any way that violates these Terms and Conditions, the laws or regulations of the United States or the country from which you are visiting the website.
4. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EBL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
B) WITHOUT LIMITING THE FOREGOING, EBL DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURRATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT EBL OR ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBL OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EBL OR ANY OF ITS SUPPLIERS, AFFILIATES OR THIRD PARTIES WITH WHOM EBL ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE NOT SATISFIED WITH THIS WEBSITE OR ITS CONTENT, OR WITH THESE TERMS AND CONDITONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
IN SOME CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EBL’S AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM EBL ASSOCIATES ITSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE EBL WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.
You agree to indemnify and hold harmless EBL, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of EBL, and any third parties with whom EBL associates itself from time to time, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from your use of this website or use of the Materials contained on this website.
7. Revisions and Errata
The Materials may include technical, typographical, or photographic errors. EBL does not warrant that Materials are accurate, complete, or current. EBL may make changes to the Materials at any time without notice. EBL does not, however, make any commitment to update the Materials.
EBL has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EBL of the site or services. Use of any such linked web site is at the user’s own risk.
10. Governing Law
Any claim relating to EBL’s web site shall be governed by the laws of the State of Illinois, Winnebago County without regard to its conflict of law provisions.
11. Digital Millennium Copyright Act (“DMCA”) Notice
Materials on this website may be made available via this website by third parties that are not within our control. We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe upon another party’s copyright to remain on the website.
If you believe any materials on this website infringe upon a copyright, you should provide us with written notice that, at a minimum, contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Reno & Zahm LLP
c/o Craig P. Thomas
2902 McFarland Road, Suite 400
Rockford, IL 61107
It is EBL’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
12. EBL’s Trademarks
EBL claims rights in the following trademarks (please note this is not an exhaustive list):
Zip Tahoe (design)
Just Zip It
Ultimate Outdoor Experience
Destination for all Things Zipline
Zip Test Dummy
Zip Test Dummy (design)
Experience Based Learning
Experience Based Learning (design)