Site Access and Use
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.
Intellectual Property Rights
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.
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.
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.