ENCOMPASS DISCUSSION FORUMS ACCESS AGREEMENT

Introduction

Welcome to the Encompass Discussion Forums. As a condition of access, Encompass requires that any participant wishing to participate in any manner in the Discussion Forums comply with the Rules and other terms of this Agreement. Your continued access to the Discussion Forums is contingent upon your acceptance and compliance with this Agreement.

If you have any questions about the Agreement, please let us know at:

Encompass Headquarters
401 N. Michigan Avenue
Chicago, IL 60611 USA
Phone: 877-354-9887 • Fax: 312-673-4609
information@encompassus.org

Rules

1. The Discussion Forums of the Encompass Web site (encompassus.org) (the "Site") are provided as a service to users. Any information posted by members must be related to the purposes of Encompass.
2. Participants shall not use the Discussion Forums to transmit defamatory, disparaging, obscene or offensive materials or communications to anyone.
3. Participants are prohibited from uploading or distributing articles, files, or other information subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights.
4. Participants are prohibited from accessing the Discussion Forums to communicate with competitors about prices, pricing procedures, or terms of service or otherwise communicate in a manner that may violate federal or state antitrust laws. Since Web site communications may be downloaded without the knowledge of the sender, users should fully understand the antitrust laws as they apply to agreements among competitors and act in strict compliance with those laws.
5. Information posted in the Discussion Forums will not be treated as confidential. Responses to discussion topics are not to be relied on as professional opinions or consultations.
6. Participants shall not use the Discussion Forums to conduct any activities that may be illegal. For example, the Forums shall not be used to encourage software infringement, spreading of computer viruses, breaking into private computer forums, gambling, or other crimes.
7. Participants shall not use the Discussion Forums in any manner that violates the bylaws or any other policies, procedures, rules or regulations of Encompass.
8. Participants shall not attempt to gain access to areas private to Encompass or its members.

Limitation of Liability and Indemnity

Encompass makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information posted in the Discussion Forums and assumes no responsibility or liability in connection with the use or misuse of such information. NEVERTHELESS, ENCOMPASS RETAINS THE RIGHT TO MONITOR POSTED INFORMATION AND REMOVE MESSAGES OR MATERIALS THAT IT BELIEVES ARE NOT IN THE BEST INTERESTS OF ENCOMPASS.

PARTICIPANTS IN THE DISCUSSION FORUMS AGREE TO INDEMNIFY AND HOLD ENCOMPASS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO ANY ACTS OR OMISSIONS BY USERS OR TO MATERIALS OR INFORMATION TRANSMITTED BY PARTICIPANTS IN CONNECTION WITH THE USE OF THE DISCUSSION FORUMS.

Choice of Law

This Agreement shall be governed in all respects by the laws of the State of Illinois irrespective of its choice of law rules. In addition, participants consent to be subject to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois in the event of any dispute between the parties.