site terms of use and service

Terms of Use and Your Agreement. By your use of this Site, you agree to comply with the following terms and conditions, which is hereinafter and throughout this site, known as the ("Agreement").

Intellectual Property Rights. This Site and all materials contained on this Site including, but not limited to, its text, photographs, images, designs, icons, illustrations, and the rest without limitation, except those already covered by existing copyright and intellectual property protections, are the property of Marilyn Perry, various other owners, or Marilyn Perry's affiliates. To reproduce, republish, alter, post, transmit, distribute or publicly display material from this Site, you will need express written permission from Marilyn Perry. The trademarks, logos and other materials used and/or displayed on this Site are trademarks of Marilyn Perry or their respective third party owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the written permission of the trademark owner. Users may view material from this Site for personal, noncommercial use, and such permission is deemed adequate consideration for this contract. Any rights not expressly guaranteed herein are reserved by Marilyn Perry.

WARRANTY DISCLAIMER. The content of this Site is provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible, pursuant to applicable law, Marilyn Perry disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Marilyn Perry does not warrant or represent that the content on this Site, whether prepared by Marilyn Perry or by any third party or parties, is accurate or reliable, that this Site will be free of errors or viruses or that your access to and use of this Site will be uninterrupted or secure. You understand that any warranties provided in connection with any third party information described on this Site is provided solely by that third party and not by Marilyn Perry. Your sole remedy for dissatisfaction with this Site is to stop using this Site. You acknowledge by your use of this Site that your use of this Site is at your sole risk. Marilyn Perry is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with this Site, the content hereof and described hereon, even if advised of the possibility of such damages. Copyright and Fair Use. The information on this site is copyrighted intellectual property. Some materials on this site are the intellectual property of parties other than Marilyn Perry. Where applicable copyrighted material that is the property of third parties is presented on this Site pursuant to the fair use provisions of United State Code Title 17 - The Copyright Act. Where materials that are the intellectual property of third parties has been utilized pursuant to the fair use provisions of U.S.C. Title 17, every attempt has been made to acknowledge authorship, ownership and to maintain good faith mirrors with the original data.

Indemnification. You agree to indemnify, defend and hold harmless Marilyn Perry from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site. This section will survive the termination of this Agreement for any reason.

Miscellaneous. You agree that you have entered into this Agreement in the United States of America, that you shall be governed by this Agreement, and that this Agreement shall be construed in accordance with the laws of the United States of America exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts most convenient to Marilyn Perry, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and is thereby enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.