terms & conditions
Wendy Brotherlin (“Owner”) has created these Terms & Conditions as the legally binding terms to govern your use of this Site (“Terms”). Please read these Terms carefully before using the Site. Do not use this Site if you do not agree with any of these Terms. You signify your consent to these Terms by using this Site or going beyond the Site’s homepage.
1. Copyright and Proprietary Rights; Site Material. The Site, its arrangement and the artwork, text, graphics, designs, content and images displayed on the Site (“Site Material”) are (i) provided for your information and may not be used for your commercial, personal or any other use, (ii) the property of Owner and (iii) protected by United States and international copyright and other intellectual property laws, treaties and conventions. All copyright, trademark, intellectual property and other proprietary rights in the Site and in the Site Material are owned by and reserved to Owner. You will not copy, reproduce, display, create derivatives of, modify, transmit, or distribute any part of the Site or the Site Material.
2. Use. The Site is available for individuals aged 13 years or older and is not directed to children under the age of 13. If you are under 13, please exit the Site immediately. By using the Site, you represent that you are 13 years of age or older, or, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, participate on the Site’s blog, if applicable, and fulfill the obligations set forth in these Terms.
3. Claims of Copyright Infringement; Policy. Owner respects the intellectual property of others. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, please provide the below agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the claimant of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright claimant, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright claimant or authorized to act on the copyright claimant’s behalf. Owner’s agent’s information is as follows:
4. Posts; Standards of Conduct. You are solely responsible for all comments and communications you post on the Site’s blog and for their consequences. By way of example, and not as a limitation, you agree that when participating on the Site’s blog you will not: (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (ii) post any content that is unlawful, harmful, threatening, abusive, tortuous, infringing, libelous, inappropriate, profane, vulgar, obscene, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, or racially or ethnically objectionable; (iii) post information or other material that you do not have a right to make available under any law (including patent, trademark, trade secret, copyright, contract or fiduciary law); (iv) post any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (v) post, conduct or forward contests, advertisements for goods or services, pyramid schemes, chain letters, junk mail, spam or any other form of solicitation; or (vi) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Owner does not verify, endorse or otherwise vouch for the contents of any post. Posts to the Site’s blog do not represent the views of Owner. By posting communication, material or content to the Site’s blog, you grant, and you represent and warrant that you have the right to grant, Owner a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to edit, reproduce, use, publish, print, distribute, disseminate, display and otherwise exhibit any such communication, material or content posted by you, or any portion thereof, in any manner and in any medium or forum. Notwithstanding anything to the contrary herein, Owner reserves the right, in its sole discretion, to (x) disclose any post as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar request, and (y) remove any information, post or material, in whole or in part, that does not conform to these Terms without notice or liability to you.
5. Disclaimer. USER EXPRESSLY UNDERSTANDS AND AGREES THAT (A) THE SITE, THE SITE MATERIAL AND ALL THE SITE’s CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) OWNER MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, AND (D) OWNER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS.
6. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
7. Modification. Owner may, at any time without notice, and in its sole discretion, amend or modify the Site or these Terms by updating the Site or these Terms. Therefore, you should review the Site and these Terms from time to time so that you will be aware of any such modifications. Owner is under no obligation to update the Site or these Terms. Your continued use of the Site after any modification to these Terms will be considered acceptance of those modifications.
8. Entire Agreement; Governing Law; Severability. These Terms constitute the entire agreement between Owner and you with respect to your use of the Site. These Terms are entered into and accepted in the State of Missouri and shall be governed by and construed in accordance with the laws of the State of Missouri, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of St. Louis in the State of Missouri, and waives any jurisdictional, venue, or forum non conveniens objections to such courts. In the event that any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.