CODYSECHELSKI.COM, provides you access
to the CODYSECHELSKI.COM web site (the "Site") and the information and other
materials available on and through the Site, subject to your compliance with
the terms and conditions set forth below (the "Terms of Use"). If you do not
agree with any of the Terms of Use, DO NOT USE THIS SITE. Your continued use
of this Site evidences your agreement to be bound by each of the Terms of
Use and constitutes a legally binding contract between you and
CODYSECHELSKI.COM.
THE INFORMATION
PROVIDED ON THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY
PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR
USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT
CODYSECHELSKI.COM TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION
OR COUNTRY.
INTELLECTUAL PROPERTY
All text, graphics, multimedia
content or other material available from the entry point URL http://www.CODYSECHELSKI.COM
and pages within that domain and all related code, including but not limited
to films, images, text, ideas, graphics, logos, icons, layouts,
arrangements, displays, illustrations, audio and video clips, HTML, other
mark-up languages, and all scripts and software within this Site ("Material(s)")
are the property of CODYSECHELSKI.COM and/or its affiliates or licensors and
are protected by copyrights and other proprietary intellectual property
rights that are owned or controlled by CODYSECHELSKI.COM or by other parties
that have licensed their Material to CODYSECHELSKI.COM. Material from the
Site may not be copied, reproduced, republished, uploaded, posted,
transmitted, distributed, modified, transferred, sold, displayed, or in any
way commercially exploited in whole or in part except that you may download
one copy of the Materials on any single computer for your personal,
noncommercial use, and one single permanent copy to be used by you, provided
you keep intact any copyright and other proprietary notices on the Materials
and do not modify the Materials in any way. You must obtain the prior
written consent of CODYSECHELSKI.COM for any other use of the Materials.
Modification of the Materials or use of the Materials for any other purpose
is a violation of copyright and other proprietary rights and the use of any
of the Material on any other Web site or computer environment is strictly
prohibited.
TRADEMARKS
"CODYSECHELSKI.COM", the "CODYSECHELSKI.COM
logo," and CODYSECHELSKI.COM's other common law and registered service and
trademarks (Marks) which may appear on the Site, are the service and
trademarks of CODYSECHELSKI.COM. All other trademarks, service marks and
logos used on this Site, with or without attribution, are the trademarks,
service marks or logos of their respective owners. In addition, elements of
the Site are protected by trade dress and other federal and state
intellectual property laws and may not be copied, reproduced, downloaded, or
distributed in any way in whole or in part without the express written
permission of CODYSECHELSKI.COM.
LINKING TO OTHER SITES AND
TRANSACTIONS ON OTHER SITES
This Site contains links to pages
on other sites, and those sites may offer products and/or services for sale
("Linked Sites"). You acknowledge and agree that CODYSECHELSKI.COM has no
responsibility for the accuracy or availability of information provided by
Linked Sites. Links to Linked Sites do not constitute an endorsement by
CODYSECHELSKI.COM of the sponsors of such Linked Sites or the content,
products, advertising or other materials presented on the Linked Sites.
CODYSECHELSKI.COM does not author, edit or monitor these pages or links. You
acknowledge and agree that CODYSECHELSKI.COM is not responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods, or services available on the Linked Sites or resources.
CODYSECHELSKI.COM WILL NOT BE
LIABLE FOR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES OR ANY LIABILITIES
OR DAMAGES ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON THE
LINKED SITES. CODYSECHELSKI.COM IS NOT AND WILL NOT BE RESPONSIBLE FOR: (1)
THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY;
(2) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY THIRD PARTY INCLUDING THEIR
PRODUCTS AND SERVICES; (3) THE QUALITY OF SERVICES PERFORMED BY ANY THIRD
PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE
PERFORMANCE OF SUCH SERVICES; OR (4) ANY CONTENT ON THE THIRD PARTY SITES,
OR THE QUALITY OF ANY PRODUCT SOLD BY ANY THIRD PARTY OR ANY OTHER LEGAL
LIABILITY ARISING OUT OF OR RELATED TO PRODUCTS SOLD BY A THIRD PARTY,
INCLUDING, WITHOUT LIMITATION, ANY PRODUCT LIABILITY. IN THE EVENT THAT YOU
HAVE A DISPUTE WITH ANY THIRD PARTY OR ANY THIRD PARTY'S WEB SITE, PRODUCTS
AND/OR SERVICES, YOU RELEASE CODYSECHELSKI.COM (AND ITS PARENT,
SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, PRINCIPALS AND
EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH ANY SUCH DISPUTES TO THE FULLEST EXTENT PERMITTED BY LAW.
DIGITAL MILLENNIUM
COPYRIGHT ACT
CODYSECHELSKI.COM respects others'
intellectual property rights and has made every effort to secure appropriate
clearances for all proprietary intellectual properties that
CODYSECHELSKI.COM directly makes available on the Site. However, if you
believe any Material on the Site, either posted by CODYSECHELSKI.COM, our
users or any other party, is infringing, please contact CODYSECHELSKI.COM at
the address below. Pursuant to the Digital Millennium Copyright Act,
CODYSECHELSKI.COM has registered an agent to receive copyright infringement
claims.
You may notify CODYSECHELSKI.COM
of alleged intellectual property rights infringement by contacting our
Designated Agent at:
CODYSECHELSKI.COM
E-mail:
webmaster@codysechelski.com
Infringement notices addressed to
CODYSECHELSKI.COM's Designated Agent need to include the following
information so that CODYSECHELSKI.COM can locate the Material and properly
process the request:
- An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest in the Material;
- a description of the copyrighted
work or other intellectual property that you claim has been infringed;
- a description of where the
Material that you claim is infringing is located on the Site;
- your address, telephone number,
and email address;
- a statement by you that you have
a good faith belief that the disputed use of the Material is not authorized
by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under
penalty of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
USER CONDUCT AND
SUBMISSIONS
In order to access and use the
Site, you agree that you will not: (1) reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Site; or
(2) use CODYSECHELSKI.COM's name, URL, trademarks, server, or other
materials in connection with, or to transmit, any unsolicited communications
or "spam." For the purposes of this agreement, "spam" has the meaning
generally understood among Internet users.
You may not post, upload, or
transmit to the Site or to the CODYSECHELSKI.COM servers any communications,
text, graphics or other information (collectively, "Unauthorized Content")
that: (1) is obscene, fraudulent, indecent, or that defames, abuses,
harasses, or threatens others; (2) contains any viruses, Trojan horses,
worms, time bombs, cancelbots, or other disabling devices or other harmful
component intended to or that may damage, detrimentally interfere with,
surreptitiously intercept, or expropriate any system, data, or personal
information; (3) advocates or encourages any illegal activity; (4) infringes
on the copyright, patent, trademark, trade secret, right of publicity, or
other intellectual property or proprietary right of any third party; (5)
violates the privacy of individuals, including other users of the Site; or
(6) violates any applicable local, state, national or international law.
Although CODYSECHELSKI.COM does not pre-screen user submissions in chat
rooms, forums, reviews or otherwise, CODYSECHELSKI.COM and its agents retain
the right (but not the obligation) in their sole discretion to refuse or
move any Materials, information or other content available on the Site.
CODYSECHELSKI.COM does not claim
ownership of any Materials or information you submit or make available for
the Site and you are entirely responsible for everything you upload, post,
email or otherwise make available on the Site. Any Materials or other
information are not and will not be treated as confidential. In addition, by
uploading, posting, emailing or otherwise making available any Materials or
other information on the Site, you grant CODYSECHELSKI.COM a worldwide,
perpetual, royalty-free, fully paid up, non-exclusive license to distribute,
reproduce, modify, adapt, publicly perform, publicly display, sublicense,
freely assign, create derivative works from and otherwise use and exploit
any such Materials or information in any medium now known or hereinafter
developed. You also agree that CODYSECHELSKI.COM may disclose any such
Materials or information to any third party for any reason, including
without limitation, if disclosure is required or is reasonably necessary to
comply with the law or any legal process, enforce CODYSECHELSKI.COM's
rights, analyze or respond to third party claims or generally protect
CODYSECHELSKI.COM and its users.
NO WARRANTIES
ANY CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
CODYSECHELSKI.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED
SERVICES.
IN ADDITION, CODYSECHELSKI.COM
DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. CODYSECHELSKI.COM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE SPECIFIC PRODCUTS OR
SERVICES DISCUSSED ON THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT CODYSECHELSKI.COM) ASSUME THE ENTIRE
RISK OF ANY RELIANCE ON THESE MATERIALS AND ANY OTHER CONTENT OR INFORMATION
AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL
CODYSECHELSKI.COM BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR
OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE
OBJECTIONABLE, DO NOT USE THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL
CODYSECHELSKI.COM, ITS PARENT, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER
PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES AVAILABLE ON
THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO
STOP USING THE SITE AND/OR THOSE SERVICES.
INDEMNITY
You agree to indemnify and hold
CODYSECHELSKI.COM and its parent, subsidiaries, affiliates, and their
respective officers, directors, agents, partners, sponsors and employees of
each harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you submit,
post to or transmit to the Site, your use of the Site, your connection to
the Site, your violation of these Terms of Use, or your violation of any
rights of another party.
TERMINATION OF THE SITE
CODYSECHELSKI.COM reserves the
right to withdraw, suspend or discontinue at any time and from time to time
any Materials, information, content or services available on the Site and
any functionality or features in or on the Site, including the cessation of
all activities associated with the Site, with or without notice.
CODYSECHELSKI.COM may, in its sole
discretion, terminate your use of the Site for any reason, including,
without limitation, if CODYSECHELSKI.COM believes that you: (1) have
breached these Terms of Use; (2) infringed the intellectual property right
of a third party; (3) provided any information that CODYSECHELSKI.COM is
unable to verify or authenticate; (4) uploaded or transmitted Unauthorized
Content to the Site; or (5) violated or acted inconsistently with the letter
or spirit of these Terms of Use. You agree that any termination of your
access to the Site may be effected without prior notice to you.
LIMITED DISTRIBUTION AND
TERRITORIAL CONSIDERATIONS
This Site is controlled and
operated by CODYSECHELSKI.COM from its offices within the State of
Texas, U.S.A. CODYSECHELSKI.COM makes no representation that materials
in the Site are appropriate or available for use in other locations. Those
who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Use of or access to the Site shall not be
construed as the purposeful availment of the benefits or privilege of doing
business in any state other than the State of Texas by CODYSECHELSKI.COM.
GOVERNING LAW AND
JURISDICTION
This Agreement shall be governed
by, construed and enforced in accordance with the laws of the State of
Texas, as it is applied to agreements entered into and to be performed
entirely within Texas and without giving effect to any principles of
conflicts of laws. You agree that any legal lawsuit or other action brought
by CODYSECHELSKI.COM, you or any third party to enforce this agreement, or
in connection with any matters related to this Site, shall be subject only
to the jurisdiction of either the state or federal courts located in Los
Angeles County, Texas.
SEVERABILITY
If any provision of this agreement
is found 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.
NO WAIVER
Any delay or failure on the part
of CODYSECHELSKI.COM to enforce any rights under these Terms of Use to which
it may be entitled shall not, in any event, be construed as a waiver of the
right and privilege to do so at any subsequent time.
MODIFICATIONS
CODYSECHELSKI.COM reserves the
right to change or modify these Terms of Use at any time. These Terms of Use
shall not be modified except in writing, as posted on this Site by
CODYSECHELSKI.COM. Any change or modification made by CODYSECHELSKI.COM will
be effective immediately upon posting on the Site and your continued use of
the Site means that you have agreed to accept any changes or modifications
made by CODYSECHELSKI.COM.
RSS TERMS OF USE
These RSS Terms of Use, CodySechelski.com's Privacy Policy, and the general Terms of Use govern your use of RSS. Any uses of RSS not granted herein are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising associated with or targeted at the content of the RSS. You may not edit or modify the RSS feeds in any manner whatsoever. RSS feeds may be used only with platforms with a functional link which takes the viewer directly to the full article on the Site. You may not insert any intermediate page, splash page or any other content between the RSS link and the applicable article on the Site. CodySechelski.com retains all ownership and other rights in the RSS content and in any and all logos and trademarks used in connection with RSS feeds.
CodySechelski.com reserves the right to cease offering any or all of the RSS feeds at any time or to require you to cease distributing any or all of the feeds at any time for any reason. CodySechelski.com assumes no liability for your activities in connection with the RSS feeds or for your use of the feeds in connection with your website.