PLEASE READ THIS AGREEMENT CAREFULLY. YOU MUST SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT BY PLACING A CHECK MARK IN THE BOX ABOVE TO INDICATE, “I AGREE TO TERMS AND CONDITIONS BELOW.” ANY DIGITAL CONTENT MADE AVAILABLE FROM TIME TO TIME ON THIS SITE, BLUE SKY SUITE LLC PRODUCTS INCLUDING “BLUE SKY CREATE SHALL BE REFERRED TO AS "DIGITAL CONTENT."
IF YOU DO NOT AGREE TO THESE TERMS YOU CANNOT PURCHASE OR DOWNLOAD ANY DIGITAL CONTENT FROM THIS SITE.
1. USE OF DIGITAL CONTENT:
KATHARYNE SHELTON grants you a limited, nonexclusive, nontransferable, revocable and personal license to access and use the Digital Content for your reference and informational purposes and/or for providing professional services to your clients, subject to the following:
* You must download each Digital Content file within 30 days of the file being made available to you, either from the link accessible in the Order History section of this Site or from the original e-mail sent to you to confirm your Digital Content order. NOTE THAT DIGITAL CONTENT IS NON-RETURNABLE AND NON-REFUNDABLE ONCE DOWNLOADED.
* You shall not modify, alter, revise or otherwise change any Digital Content.
* You shall not create derivative works from or of any Digital Content.
* You shall not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content.
* You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect this Site or the Digital Content.
* You shall not move, copy, reproduce, network or otherwise transfer any Digital Content file to any computer or other device of any other person; provided, however, that you may transfer Digital Content files to your own computers or other devices.
* You shall not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any other person. For the avoidance of doubt, any universities, libraries or other similar institutions purchasing Digital Content hereunder shall not be allowed to make such Digital Content available to any third party, including their faculty, students, patrons, members or any other person.
KATHARYNE SHELTON reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download, if for example, KATHARYNE SHELTON no longer has the necessary rights or other licenses, consents or permissions to that Digital Content or has otherwise determined to no longer make such Digital Content available. Digital Content already downloaded by you will not be affected.
2. OWNERSHIP OF THE DIGITAL CONTENT:
All intellectual property rights, including without limitation, all trade secrets, copyrights, trademarks and patent rights in and to the Digital Content remain the sole property of KATHARYNE SHELTON and her licensors. No title or license right is granted to you except as expressly set forth in this Agreement.
3. DISCLAIMER OF WARRANTIES:
ALL DIGITAL CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KATHARYNE SHELTON, ITS AFFILIATES LICENSEES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHERMORE KATHARYNE SHELTON DISCLAIMS ANY PROMISES OF EARNED MONEY IMPLIED OR EXPLICIT. ALL REFERENCES TO EARNINGS ARE OPINION ONLY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. KATHARYNE SHELTON, HER AFFILIATES, LICENSEES AND SUPPLIERS DO NOT WARRANT THAT ACCESS TO THE DIGITAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KATHARYNE SHELTON, HER AFFILIATES, LICENSEES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DIGITAL CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE DIGITAL CONTENT TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY DIGITAL CONTENT, INCLUDING THOSE TO ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL ANY DIGITAL CONTENT BE DEEMED LEGAL, TAX OR SUCH OTHER PROFESSIONAL ADVICE. YOU ARE ENTIRELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL, TAX OR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROFESSIONAL.
4. LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL KATHARYNE SHELTON OR ITS AFFILIATES, LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. KATHARYNE SHELTON’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY OR USE, ANY DIGITAL CONTENT WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT ACTUALLY PAID BY YOU TO KATHARYNE SHELTON FOR THE ITEM OF DIGITAL CONTENT GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless KATHARYNE SHELTON, her licensors, and our respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your violation of this Agreement or any other applicable terms or conditions; (ii) your unauthorized use of any Digital Content; (iii) any incomplete or inaccurate information or data provided by you; or (iv) your negligence or willful misconduct. KATHARYNE SHELTON reserves the right, at her discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without KATHARYNE SHELTON’s prior written consent.
This Agreement will terminate immediately without notice from KATHARYNE SHELTON if in KATHARYNE SHELTON’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all the Digital Content obtained from this Site.
7. US EXPORT ISSUES:
No Digital Content from this Site may be downloaded or otherwise exported or re-exported in violation of any applicable U.S. export laws, rules or regulations.
8. GOVERNMENT RESTRICTED RIGHTS:
The Digital Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations and in this Agreement. Use of any Digital Content by the government constitutes acknowledgment of KATHARYNE SHELTON’s or other owner’s proprietary rights in them.
9. GOVERNING LAW AND GENERAL PROVISIONS:
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. The state and federal courts in the State of Illinois shall be the exclusive jurisdiction for all disputes relating to this Agreement. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein. KATHARYNE SHELTON may revise this Agreement at any time without notice by updating this posting. You may not assign this Agreement or any right or obligation hereunder.