Terri Lynn, Inc.

Terms of Use

Thank you for visiting www.terrilynn.com, www.terrilynnfundraising.com, www.terrilynnstore.com, and www.terrilynncares.com (collectively the “Website”). The Terms of Use constitute an agreement between Terri Lynn, Inc. (“Terri Lynn”) and yourself. Please read these Terms of Use carefully. These Terms of Use alter your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Website.

Site Access and Use

Terri Lynn makes this Website accessible to the general public. By accessing the Website, however, accessed, you agree to be bound to these Terms of Use and any other terms or conditions referenced herein. Terri Lynn operates this website out of the United States and makes no representations that these materials are appropriate or available for use in locations outside the United States. If you use this site from any other location outside of the United States, you do so at your own risk and are responsible for compliance with applicable laws.

Restrictions on Use

You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website. Your use of the Website is restricted to your personal use and you may not download, reproduce or retransmit any information on the Website. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is violent, nude, discriminatory, unlawful, hateful, pornographic or sexually suggestive, defamatory, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on Terri Lynn’s infrastructure. In addition, you agree that you will not use any automatic device or manual process to monitor or copy the Website or the content contained on the Website and agree that any such use is strictly prohibited.

Right to Cancel

We reserve the right to modify or terminate the Website or your access to the Website for any reason, without notice, at any time, and without any liability to you.

Privacy Policy

Please review our Privacy Policy, which also governs your use of the Website. The terms of the Privacy Policy are hereby incorporated by reference herein. A copy of our Privacy Policy can be found at: http://www.terrilynn.com/privacy-policy.

Intellectual Property Rights

We have the sole and exclusive right to have and use the trademark Terri Lynn. The website contains copyrighted material, including, without limitation, animation, text, software, images and graphics, and the rights to the copyrighted material under the United States copyright laws and other laws are owned or controlled by Terri Lynn. The use or misuse of this trademark or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited. Any intellectual property not owned or controlled by Terri Lynn, or not covered under a trademark owned by Terri Lynn that appears on the Website is the property or trademark of the respective owner. We reserve the right to seek any and all remedies allowed under applicable laws against you should you violate this paragraph.

Disclaimer of Warranty and Limitation of Liability

THE WEBSITE IS PROVIDED BY TERRI LYNN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TERRI LYNN AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES PROVIDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TERRI LYNN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE WEBSITE IS LINKED. TERRI LYNN DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAILS SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERRI LYNN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR LOST PROFITS) ARISING FROM THE (1) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (2) PERFORMANCE DEFECTS OR FAILURES; (3) ERROR OR OMISSION; (4) INTERRUPTION, DEFECT, OR DELAY IN WEBSITE OPERATION OR TRANSMISSION; (5) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO THE WEBSITE OR DATA. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless Terri Lynn, its suppliers, advertisers, licensors and affiliated companies, and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, loses and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to or in connection with your use of the Website, any content or materials that you submit or upload through the Website, your unauthorized use of the Website or content or material obtained through the Website, any violation of any applicable law or regulation by you, and any breach of this agreement by you.

Right to Amend or Change The Terms of Use

We reserve the right to change these Terms of Use from time to time. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use will be deemed as your acceptance of those changes.

Severability

The Terms of Use constitute an agreement between Terri Lynn and you. The invalidity of any provision of this agreement shall not impair or otherwise adversely affect the validity of any other provision. If any provision of this agreement is determined by a court of competent jurisdiction to be unenforceable, the provision will be enforced only as modified by the court so as to make the defect in such provision lawful or, if the court refuses to correct the defect through judicial modification, then such provision shall be deemed severed and this agreement shall be otherwise enforced with the provision severed or as modified by the Court.

Governing Law; Exclusive Jurisdiction

This agreement and all questions with respect to the rights and obligations of the parties, the construction, enforcement and interpretation hereof shall be governed by the laws of the State of Illinois, without giving effect to any claims or conflict of law provisions that would cause the application of the laws of any jurisdiction other than the State of Illinois. In any legal proceeding between the parties hereto, venue shall exclusively lie in the Sixteenth Judicial Circuit of Kane County, Illinois, or, if federal jurisdiction is properly invoked, in the Federal District Court for the Northern District of Illinois, Eastern Division situated in Chicago, Illinois. Each party hereby waives any objection it may have to commencement or transfer of any such proceeding to any of the aforesaid venues and hereby affirmatively consents to the same.