User Agreement

Terms and Conditions of the use of website:

These Terms and Conditions apply when you access our website to use ("Tracy Cross & Associates, Inc. ") services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website.

Tracy Cross & Associates, Inc. may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website ("the Site").

Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.

Table of Contents
General Information
The Site
Your Information
Access and Interference
No Warranty
Liability Limit
Legal Compliance
Intellectual Property

1. General Information

1.1 For your information we list below the address details of Tracy Cross & Associates, Inc.

Registered Office:
2000 E. Algonquin Road
Suite 109
Schaumburg, Illinois

Phone: 847-925-5400
Fax: 847-925-5415

2. The Site

2.1 Tracy Cross & Associates, Inc. reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. Any such changes will become effective upon posting by Tracy Cross & Associates, Inc.

2.2 Tracy Cross & Associates, Inc. does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.

2.3 Where Tracy Cross & Associates, Inc. provides hyperlinks to a third parties website, Tracy Cross & Associates, Inc. shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by the hyperlink and Tracy Cross & Associates, Inc. does not endorse or approve the content of such third parties websites.

2.4 Tracy Cross & Associates, Inc. makes no warranty as to the continuous availability of the Site, but shall use reasonable efforts to keep down time to a minimum.

2.5 The opinions expressed on this Site are those of the contributing individuals. If you act on anything that is said or done you must do so on the basis of a considered decision of your own, having weighed up the pros, cons, and risks thereby fully accepting the responsibility for the success or failure of your actions. Under no circumstances shall Tracy Cross & Associates, Inc. be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Site. You agree to indemnify Tracy Cross & Associates, Inc. against any actions, claims, proceedings, or liabilities arising from your use of the content of the Site.

3. Your Information

3.1 "Your Information" is defined as any information you provide to Tracy Cross & Associates, Inc. or other users during registration, in any public message area, through feedback or any e-mail or form features.

3.2 Your Information and conduct (or any items listed therein) shall not:

be false, inaccurate or misleading be fraudulent or involve the sale of counterfeit or stolen items infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user.

3.3 To enable Tracy Cross & Associates, Inc. to use the information supplied, such that we are not violating any rights you might have in that information, you agree to grant Tracy Cross & Associates, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Tracy Cross & Associates, Inc. will only use Your Information in accordance with the Privacy Policy to the Site.

4. Access and Interference

4.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Tracy Cross & Associates, Inc.

4.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

4.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

4.4 Some of the information on the Site is updated on a real time basis and is proprietary or is licensed to Tracy Cross & Associates, Inc. by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Tracy Cross & Associates, Inc. or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

5. No Warranty

5.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" and without representations or warranties of any kind and to the full extent permitted by law. Tracy Cross & Associates, Inc. and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including, without limitation, any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

6. Liability Limit

6.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Tracy Cross & Associates, Inc. where and to the extent that applicable law prohibits such exclusion or limitation.

6.2 Subject to the above statement, in no event shall Tracy Cross & Associates, Inc. or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement.

6.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against Tracy Cross & Associates, Inc. in relation to the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Tracy Cross & Associates, Inc. will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Tracy Cross & Associates, Inc. in breach of the foregoing.

7. Indemnity

7.1 You agree to indemnify, defend and hold harmless Tracy Cross & Associates, Inc. and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or loss it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

8. Legal Compliance

8.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

9. Arbitration

9.1 Any controversy or claim arising out of or relating to this agreement or Tracy Cross & Associates, Inc.'s services shall be settled by an arbitration tribunal designated by Tracy Cross & Associates, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the state of Illinois, U.S.A., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or may seek any interim or preliminary relief from a court of competent jurisdiction in the U.S.A. necessary to protect the rights or property of you or us pending the completion of arbitration.

10. Intellectual Property

10.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names) in the Site belongs to Tracy Cross & Associates, Inc. or its third party licensors. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Site, meaning that you may only display it on its computer screen and print it out on its printer for the sole purpose of viewing its content in connection with the services.

10.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Tracy Cross & Associates, Inc. or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the services.

10.3 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

10.4 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Tracy Cross & Associates, Inc.'s or the relevant licensee's prior written permission;

10.5 provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Tracy Cross & Associates, Inc. services without Tracy Cross & Associates, Inc.'s or the relevant licensee's prior written permission;

10.6 display, publish, copy, print, post or otherwise use the Tracy Cross & Associates, Inc. services and the information contained therein for the benefit of any other website without Tracy Cross & Associates, Inc.'s or the relevant licensee's prior written permission;

10.7 process or otherwise use the information contained on or within the Tracy Cross & Associates, Inc. services for any illegal or immoral purpose nor use or process the same unfairly.

10.8 You agree and accept that Tracy Cross & Associates, Inc. may publish or otherwise distribute your Information and you therefore grant to Tracy Cross & Associates, Inc. an irrevocable, perpetual, non-exclusive right and license to publish the submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.

10.9 You therefore hereby undertake to Tracy Cross & Associates, Inc. to indemnify and hold harmless Tracy Cross & Associates, Inc. in full and defend at its own expense Tracy Cross & Associates, Inc. against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Tracy Cross & Associates, Inc. its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

10.10 Tracy Cross & Associates, Inc.,, the logo and the Tracy Cross & Associates, Inc. logo are trade names or trademarks of Tracy Cross & Associates, the use of which is expressly forbidden by any other persons without the express permission of Tracy Cross & Associates.

10.11 Tracy Cross & Associates, Inc. makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Tracy Cross & Associates, Inc. services please contact Tracy Cross & Associates, Inc. at the address below.

11. General

11.1 This Agreement shall be governed in all respects by the laws of The United States of America as if the Agreement was a contract wholly entered into and wholly performed within The United States of America.

11.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Tracy Cross & Associates, Inc.'s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

11.3 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).