TERMS OF USE

This website is provided to you for your enjoyment, blessing and informational use and is subject to the following Terms of Use. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

Unless otherwise indicated on this website, you may display, download, archive, and print a single copy (except for the paper dolls or other free printables–those you may print as many as you like for non-commerical use) of any information on this website, or otherwise distributed from Melissa Thomsen, for personal, non-commercial use, provided it is done pursuant to the obligations set forth on this website.

Melissa Thomsen does not guarantee the accuracy, timeliness, reliability or completeness of any of the information posted on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.

Melissa Thomsen shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website.

Melissa Thomsen reserves the right, at her sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to this website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Melissa Thomsen nor any of her data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Melissa Thomsen or her providers have been advised of the possibility of such damages.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit.

Accordingly, I do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with me (including those which may contain your personal information).

While I shall take reasonable efforts to safeguard the privacy of the information you provide to me and treat such information in accordance with my Privacy Policy, in no event will the information you provide to me be deemed to be confidential, create any fiduciary obligations to you on my part, or result in any liability to you on my part in the event that such information is inadvertently released by me or accessed by third parties without my consent.

By uploading, posting or otherwise transmitting through or to our website any content, you grant to me, my successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in my Privacy Policy.

You agree to indemnify, defend and hold me and any one else connected with melissajacie.com, harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of the Terms of Use of this website. I reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through my website and any of their services, including payment for and delivery of any related goods and services, are solely between you and such third parties. You understand and acknowledge that some services that may be accessible on my website are provided by third parties. You acknowledge that in such dealings with third parties, I am not the seller or provider and your agreement of purchase or for services with such third party is solely between you and the third party, and not Melissa Thomsen. Melissa Thomsen assumes no responsibility whatsoever for any charges, losses or liabilities you or any user of your account incurs when making purchases or completing transactions with such third parties. As a user of my website, you acknowledge and agree that I shall not be responsible or liable in any way for any loss or damage of any kind which you or any other user of your account may incur as a result of, or in connection with, any dealings or transactions with such third parties.

By accessing third party services through my website, you hereby authorize such third party service providers to provide Melissa Thomsen (me) with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods. Additionally, you authorize me to share your personal information with third party service providers, to the extent necessary for me to perform any bookkeeping or record keeping deemed necessary or advisable.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not necessarily constitute an endorsement or approval by me of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As I may have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, I do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Severability, Enforceability, Governing Law, Jurisdiction and Venue
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, my Privacy Policy and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio and the laws of the United States of America applicable therein, without regard to conflict of laws provisions thereto. The parties consent to personal jurisdiction in and to the subject matter jurisdiction of the courts of, and venue and situs in Summit County, Ohio, USA.

This legal notice was published on July 12th, 2019