The Shawna Suckow Web Site Terms and Conditions Agreement

The www.shawnasuckow.com Web Site (the “Site”) is an online information service provided by Shawna Suckow (“www.shawnasuckow.com”), subject to your compliance with the terms and conditions set forth below. please read this document carefully before accessing or using the site. by accessing or using the site, you agree to be bound by the terms and conditions set forth below. if you do not wish to be bound by these terms and conditions, you may not access or use the site. www.shawnasuckow.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. you agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

1. Copyright, Licenses and Idea Submissions.
   The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.shawnasuckow.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.shawnasuckow.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.shawnasuckow.com by all means and in any media now known or hereafter developed. You also grant to www.shawnasuckow.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.shawnasuckow.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.shawnasuckow.com.TRADEMARKS, Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.shawnasuckow.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
   You understand that, except for information, products or services clearly identified as being supplied by www.shawnasuckow.com, www.shawnasuckow.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.shawnasuckow.com – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.shawnasuckow.com a. You also understand that www.shawnasuckow.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
   You assume total responsibility and risk for your use of the site and the internet. www.shawnasuckow.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and www.shawnasuckow.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. www.shawnasuckow.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
   You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. www.shawnasuckow.com has no control over and accepts no responsibility whatsoever for such materials.

Limitation of liability

In no event will www.shawnasuckow.com be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if www.shawnasuckow.com or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, www.shawnasuckow.com liability is limited to the greatest extent permitted by law.

www.shawnasuckow.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- www.shawnasuckow.com web site, please understand that it is independent from www.shawnasuckow.com, and that www.shawnasuckow.com has no control over the content on that web site. In addition, a link to a www.shawnasuckow.com web site does not mean that www.shawnasuckow.com endorses or accepts any responsibility for the content, or the use, of such web site.

1. Indemnification.
   You agree to indemnify, defend and hold harmless www.shawnasuckow.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
2. Third Party Rights.
   The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.shawnasuckow.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
3. Term; Termination.
   This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
4. Miscellaneous.
   This Agreement shall all be governed and construed in accordance with the laws of USA applicable to agreements made and to be performed in USA. You agree that any legal action or proceeding between www.shawnasuckow.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in USA . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.shawnasuckow.com ‘s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.shawnasuckow.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
   Any rights not expressly granted herein are reserved.

IMPORTANT!

These terms of use govern your use of our website. By accessing and visiting this site, you acknowledge, agree, and accept these terms and conditions of use. Please read them carefully and regularly. If you disagree with these terms and conditions, you may not use our website. These terms of use are subject to change at any time in our discretion. Your use of this site after such changes are implemented constitutes you acknowledge, agree, and accept the changes.

LICENSE AND SITE ACCESS

You understand and agree that your use of our website (including mobile site, applications, and other properties) is limited, non-transferable, non-exclusive and a revocable license to access and use our website subject to these terms and conditions, i.e., Shawna Suckow (herein “shawnasuckow.com”, “we”, “us”, or “our”) grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shawna Suckow or our affiliates or suppliers without express written consent. You may not use any meta tags or any other “hidden text” utilizing Shawna Suckow or our affiliates or suppliers names or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted to you. You are granted a limited, non-transferable, nonexclusive and revocable right to create hyperlinks to shawnasuckow.com webpages so long as the links do not portray Shawna Suckow or our affiliates or suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Shawna Suckow or our affiliates or suppliers logos or other proprietary graphic or trademark as part of the link without express written permission. We may terminate your license to use and access our website, for any reason and without giving notice.

MODIFICATIONS AND TERMINATIONS

We may change or modify these terms and conditions from time to time. If such changes or modifications are made, they will be effective immediately upon posting on our website. If you disagree with the changes or modifications, you may not use our website. We may terminate these terms and conditions for any reason and at any time without notice to you. You should read these terms and conditions each time before you use our website. Any questions or concerns regarding these terms and conditions should be sent to us by e-mail to info@shawnasuckow.com.

MINORS

We do not provide services or sell products or services to children. If you are not at least 18 years old, you may visit and use our website only under the supervision and permission of your parent or legal guardian. If you are a minor, you may not provide us, our affiliates, our suppliers, or other website visitors with any personal information.

PRIVACY POLICY

Our Privacy Policy is part of, and subject to, these terms and conditions.

To view our Privacy Policy, click here »

ANTI-SPAM

Our Anti-Spam Policy is part of, and subject to, these terms and conditions.

To view our Privacy Policy, click here »

ELECTRONIC COMMUNICATIONS

When you visit shawnasuckow.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shawna Suckow or our affiliates or suppliers and is protected by United States and international copyright laws. Shawna Suckow and shawnasuckow.com, and all other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Shawna Suckow, our affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

COPYRIGHT COMPLAINTS

Shawna Suckow respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge and agree that we are not responsible for the operation of or content located on or through any such site.

USER NAMES AND PASSWORDS

To access certain areas of our website, we may require a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name or password.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Shawna Suckow reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Shawna Suckow a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shawna Suckow and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shawna Suckow and sublicensees for all claims resulting from content you supply. Shawna Suckow has the right but not the obligation to monitor and edit or remove any activity or content. Shawna Suckow takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

The risk of loss and title for any items purchased by you from shawnasuckow.com are passed to you upon delivery to the carrier.

PRODUCT AND SERVICE DESCRIPTIONS

Shawnasuckow.com attempts to be as accurate as possible. However, Shawna Suckow does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Shawna Suckow itself is not as described, your sole remedy is to return it in unused condition.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our affiliates, suppliers, or third parties, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or services or references to products or services that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

PRICING

Except where noted otherwise, the List Price displayed for products or services on our website represents the full retail price listed on the product or service itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item or service offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

OTHER BUSINESSES

Parties other than Shawna Suckow provide services, or sell products mentioned on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Shawna Suckow does not assume any responsibility or liability for the actions, products, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHAWNA SUCKOW ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHAWNA SUCKOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHAWNA SUCKOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAWNA SUCKOW DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OUR SERVERS; OR E-MAIL SENT FROM SHAWNA SUCKOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHAWNA SUCKOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SHAWNA SUCKOW IS NOT RESPONSIBLE FOR ANY OBSCENE OR OFFENSIVE CONTENT YOU RECEIVE OR VIEW FROM OTHERS WHILE VISITING OR USING OUR WEBSITE. IF YOU RECEIVE OR VIEW SUCH CONTENT, PLEASE CONTACT US IMMEDIATELY VIA EMAIL AT info@shawnasuckow.com. SO THAT WE CAN INVESTIGATE. ALTHOUGH WE ARE NOT OBLIGATED TO DO SO, WE RESERVE THE RIGHT TO MONITOR, INVESTIGATE AND REMOVE OBSCENE OR OFFENSIVE MATERIAL POSTED TO OUR WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

By visiting or using our website, you understand and agree that you will indemnify, defend and hold SHAWNA SUCKOW, our affiliates, and suppliers harmless from any liability, claim, expense or other loss, including reasonable attorney fees and costs, arising from your visit or use of our website or your violation of these terms and conditions.

APPLICABLE LAW

By visiting and using shawnasuckow.com, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these terms and conditions of use, and you consent to the exclusive jurisdiction of the state and Federal courts located in Minnesota to resolve any dispute that may arise between you and SHAWNA SUCKOW.

SEVERABILITY

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforce-ability of any remaining condition.

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with regard to your visiting and using our website.

 

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