| Terms of Service and Important
Legal Information 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
best-birthday-party-idea Web site means
that you accept those changes.
Thanks once again for visiting,
Warmly,
Neal R Lohse
Contact Me
www.best-birthday-party-idea.com
Restrictions on
Use of Our Online Materials
Materials
All Online Materials on the
best-birthday-party-idea 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.
Copyright & Downloading
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 the
best-birthday-party-idea 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
best-birthday-party-idea 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 best-birthday-party-idea
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
best-birthday-party-idea 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
best-birthday-party-idea 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 "INCIDENTAL 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 Sites
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
best-birthday-party-idea-operated site or
have moved to another site. best-birthday-party-idea is not responsible for
the content or practices of third party sites that may be linked to our
site. When best-birthday-party-idea
provides links or references to other Web sites, no inference or assumption
should be made and no representation should be inferred that
best-birthday-party-idea 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
best-birthday-party-idea site or endorsement, sponsorship or
support of best-birthday-party-idea,
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 best-birthday-party-idea Web
sites, along with all related documentation and all copies and
installations. best-birthday-party-idea
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
best-birthday-party-idea 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 Utah, 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
best-birthday-party-idea and/or its
affiliates' intellectual property rights, best-birthday-party-idea and/or
its affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of Utah, and you consent to exclusive
jurisdiction and venue in such courts.
Dispute Resolution
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: Ogden, Utah. 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: Ogden, Utah, 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.
best-birthday-party-idea 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.
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