TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web
site to be useful, informative, helpful, honest and
fun. Hopefully we’ve accomplished that — and would
ask that you let us know if you’d like to see
improvements or changes that would make it even
easier for you to find the information you need and
want.
All we ask
is that you agree to abide by the following Terms
and Conditions. Take a few minutes to look them over
because by using our site you automatically agree to
them. Naturally, if you don’t agree, please do not
use the site. We reserve the right to make any
modifications that we deem necessary at any time.
Please continue to check these terms to see what
those changes may be! Your continued use of the
www.eclecticicing.com Web site means that
you accept those changes.
THANKS
AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the
www.eclecticicing.com site, including,
without limitation, text, software, names, logos,
trademarks, service marks, trade names, images,
photos, illustrations, audio clips, video clips, and
music are copyrighted intellectual property. All
usage rights are owned and controlled by
www.eclecticicing.com. You, the visitor, may download
Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark
and propriety notices, 2) you make no modifications
to the materials, 3) you do not use the materials in
a manner that suggests an association with any of
our products, services, events or brands, and 4) you
do not download quantities of materials to a
database, server, or personal computer for reuse for
commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any
other purpose unless you get our written permission
first. Neither may you add, delete, distort or
misrepresent any content on the
www.eclecticicing.com site. Any attempts to
modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything
you download, any software, plus all files, all
images incorporated in or generated by the software,
and all data accompanying it, is considered licensed
to you by www.eclecticicing.com or third-party
licensors for your personal, non-commercial home use
only. We do not transfer title of the software to
you. That means that we retain full and complete
title to the software and to all of the associated
intellectual-property rights. You’re not allowed to
redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert
it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments,
or other information that you send to
www.eclecticicing.com through our site
(other than information we promise to protect under
our privacy policy becomes and remains our property,
even if this agreement is later terminated.
That means
that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we
don’t have to pay you or anyone else for them. We
will have the exclusive ownership of all present and
future rights to submissions of any kind. We can use
them for any purpose we deem appropriate to our
www.eclecticicing.com mission, without
compensating you or anyone else for them.
You
acknowledge that you are responsible for any
submission you make. This means that you (and not
we) have full responsibility for the message,
including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
www.eclecticicing.com WILL NOT BE LIABLE FOR ANY
DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR
USE OF ANY OF ITS SITE.
THESE
INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
-
USE OF
(OR INABILITY TO USE) THE SITE
-
USE OF
(OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
-
FAILURE
OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED
OR DESIRED
-
ERROR ON
OUR SITE
-
OMISSION
ON OUR SITE
-
INTERRUPTION OF AVAILABILITY OF OUR SITE
-
DEFECT ON
OUR SITE
-
DELAY IN
OPERATION OR TRANSMISSION OF OUR SITE
-
COMPUTER
VIRUS OR LINE FAILURE
-
PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
-
DAMAGES
INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A
LOSS OR INJURY
-
DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
-
OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL
TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT
LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION:
CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE
STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT
APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT
TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN
ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND
(WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR
OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY
OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE
AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to
Other Site
We sometimes provide referrals to and links to other
World Wide Web sites from our site. Such a link
should not be seen as an endorsement, approval or
agreement with any information or resources offered
at sites you can access through our site. If in
doubt, always check the Uniform Resource Locator
(URL) address provided in your WWW browser to see if
you are still in a
www.eclecticicing.com-operated
site or have moved to another site.
www.eclecticicing.com is not responsible
for the content or practices of third party sites
that may be linked to our site. When
www.eclecticicing.com provides links or
references to other Web sites, no inference or
assumption should be made and no representation
should be inferred that
www.eclecticicing.com is connected with, operates
or controls these Web sites. Any approved link must
not represent in any way, either explicitly or by
implication, that you have received the endorsement,
sponsorship or support of any
www.eclecticicing.com site or endorsement,
sponsorship or support of
www.eclecticicing.com, including its respective
employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by
either party. You may terminate this agreement at
any time, by destroying all materials obtained from
all www.eclecticicing.com Web site, along with
all related documentation and all copies and
installations.
www.eclecticicing.com may terminate this
agreement at any time and without notice to you, if,
in its sole judgment, you breach any term or
condition of this agreement. Upon termination, you
must destroy all materials. In addition, by
providing material on our Web site, we do not in any
way promise that the materials will remain available
to you. And www.eclecticicing.com is entitled to
terminate all or any part of any of its Web site
without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the
United States, you are responsible for compliance
with any applicable local laws.
These Terms
of Use shall be governed by, construed and enforced
in accordance with the laws of the IL, as it is
applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the
extent you have in any manner violated or threatened
to violate www.eclecticicing.com and/or its
affiliates' intellectual property rights,
www.eclecticicing.com and/or its affiliates
may seek injunctive or other appropriate relief in
any state or federal court in the State of IL, and
you consent to exclusive jurisdiction and venue in
such courts.
Any other
disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location:
Chicago. Any costs and fees other than attorney fees
associated with the mediation will be shared equally
by each of us.
If it
proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Chicago, under the rules of the
American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in
any court with jurisdiction to do so.
www.eclecticicing.com may modify these
Terms of Use, and the agreement they create, at any
time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
