Terms of Service

In General

The Heart of Illinois Special Recreation Association (“HISRA”) owns and operates this website.  This document governs your online relationship with HISRA.  Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”).  By using this service, you are agreeing to all of the Terms of Service, as may be updated by us from time to time.  You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice.  We will not be liable if for any reason this website unavailable at any time or for any period.  From time to time, we may restrict access to some parts or all of this website.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at HISRA’s Privacy Policy.  By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this website.  You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website.  Breaching this provision would constitute a criminal offense and HISRA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of HISRA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by HISRA and its licensors.  You may store, print and display the content supplied solely for your own personal use.  You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions.  All orders are subject to availability and confirmation of the order price.

In order to contract with HISRA you must be over 18 years of age.  HISRA retains the right to refuse any request made by you.  When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order with the appropriate supporting material attached.

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur.  If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.  If we are unable to contact you we will treat the order as cancelled.  If you cancel and you have already paid for the goods, you will receive a full refund.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.  Unless expressly stated to the contrary to the fullest extent permitted by law HISRA, its suppliers, and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or any linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Indemnity

You agree to indemnify, defend and hold harmless HISRA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.

Variation

HISRA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses will remain in full force and effect.  So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.  Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and HISRA.  Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Peoria Park District.