Terms of Use

Last updated: 7/15/2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

1. General This website, located at www.averyandaubreysway.org (the “Website”), is owned and operated by Avery and Aubrey’s Way (the “Organization,” “we,” “our,” or “us”). We have the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website. The Organization’s Privacy Policy, as revised from time to time, is a part of these Terms of Use.

2. Restrictions on Use

You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

3. Intellectual Property

The Website contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, graphics, music and sound. The contents of the Website are copyrighted under the United States copyright laws and the copyright laws of other countries. The Organization and all related names, logos, product and service names, designs, and slogans are trademarks of the Organization. You must not use such marks without the prior written permission of the Organization. In addition, you may not use such trademarks (a) in, as, or as part of, your own trademarks or those of any third parties; (b) to identify products or services that are not those of the Organization; (c) in a manner likely to cause confusion; or (d) in a manner that implies inaccurately that the Organization sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. Website Content

You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part. You may download one copy of any copyrighted material as an information resource for your personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Organization and the copyright owner. In the event of any permitted copying (including the single copy download described above), redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright notice or other proprietary notice shall be made, and all such attributions, legends and notices shall be included. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The foregoing provisions of Section 4 are for the benefit of the Organization and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER THE ORGANIZATION, NOR ANY OF ITS RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DISCLOSURE OF COMMUNICATIONS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ORGANIZATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL THE ORGANIZATION, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ORGANIZATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THE ORGANIZATION FOR THE APPLICABLE GOODS, SERVICES, OR CONTENT OUT OF WHICH LIABILITY AROSE, OR (B) $100.

6. Third-Party Content

The Organization is a distributor (and not a publisher) of content supplied by third parties and users of the Website and, therefore, the Organization has no more editorial control over such content than does a public library or bookstore. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or publisher(s) and not of the Organization. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. The Organization neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized the Organization’s spokespersons acting in their official capacities.

7. Linking to this Website

A website that links to this site: (a) may link to, but not duplicate the content of this site; (b) may not create a frame or other border around the site content; (c) may not imply that the Organization is endorsing it or its services or

products (unless the Organization has agreed to such an endorsement, in writing); and (d) may not misrepresent its relationship with or otherwise create a false affiliation, connection or association with the Organization.

8. Links

This website may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this website or with the products and services of the Organization. The Organization is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Further, the Organization reserves the right to terminate any link or linking program at any time. The Organization does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this website, you do this entirely at your own risk.

9. Modifications

The Organization has the right at any time to change or modify these Terms of Use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions of use to which you are bound.

10. Privacy

By using this Website, you acknowledge that you have read and accept the Organization’s Privacy Policy posted on this site. Before using this site, you should carefully read the Privacy Policy. The Privacy Policy, as amended from time to time, is hereby incorporated by reference.

11. Miscellaneous

These Terms of Use shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Illinois, USA, acknowledge that venue is proper in any state or Federal court in the State of Illinois, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Illinois, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. 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. If any provision of these terms of use is held to be invalid, void or for any reason unenforceable, such provision will be deemed replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section headings used herein are for convenience only. These Terms of Use, and all writings incorporated by reference into these Terms of Use, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

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