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WEBSITE TERMS OF USE

Jodi Bogart operates this website (“Site”) that links to these Terms of Use to provide online access to information about Jodi Bogart and the products, services, and opportunities we provide. By accessing and using the Site, you agree to these Terms of Use. If you represent an organization, your agreement to these Terms of Use shall bind your organization and you hereby represent and warrant that you have the authority to act on behalf of your organization.

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Jodi Bogart reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.

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1. Permitted Use of the Site

You may use the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (individually or collectively, the “Content”) solely for your non-commercial, personal purposes, and/or to learn about Jodi Bogart's products and services, and solely in compliance with these Terms of Use.

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2. Prohibited Use of the Site

By accessing the Site, you agree that you will not:

  • use the Site in violation of these Terms of Use;

  • copy, modify, or create a derivative work from, reverse engineer, or reverse assemble, the Site in any way, or otherwise attempt to discover any source code, or allow any third party to do so;

  • sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;

  • use or launch any automated system (including without limitation, “robots,” “spiders,” or “offline readers”) that accesses the Site in a manner that sends more request messages to Jodi Bogart's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; use the Site in any manner that damages, disables, overburdens, or impairs any Jodi Bogart website or interferes with any other party's use and enjoyment of the Site;

  • mirror or frame the Site or any part of it on any other website or webpage;

  • attempt to gain unauthorized access to the Site; access the Site by any means other than through the interface that is provided by Jodi Bogart for use in accessing the Site; or use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

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3. Copyrights and Trademarks

The Site is based upon proprietary Jodi Bogart artwork and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Jodi Bogart or its licensors (if any). Jodi Bogart owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Jodi Bogart, the Jodi Bogart logos, and other marks used by Jodi Bogart from time to time are trademarks and the property of Jodi Bogart. The appearance, layout, color scheme, and design of the various sites owned and operated by Jodi Bogart are protected trade dress. You do not receive any right or license to use the foregoing. Jodi Bogart may use and incorporate into the Site or the Jodi Bogart Services any suggestions or other feedback you provide, without payment or condition.

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4. Information and Materials You Post or Provide

You represent that you have all rights, titles, and interests to materials you post on the Site or provide to Jodi Bogart (“Materials”), including but not limited to any consent, authorization, release, clearance, or license from any third party (such as but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input, or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are whom you say you are, that you have not submitted fictitious, false, or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

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5. Links to Third-Party Websites

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Jodi Bogart of the third party, the third-party website, or the information there. Jodi Bogart is not responsible for the availability of any such websites. Jodi Bogart is not responsible or liable for any such websites or the content thereon. If you use the links to the websites of Jodi Bogart affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.

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6. Downloading Files

Jodi Bogart cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.

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7. Disclaimers; Limitations of Liability

JODI BOGART AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JODI BOGART AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JODI BOGART IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JODI BOGART AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF JODI BOGART OR ANY OF JODI BOGART'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, JODI BOGART IS DETERMINED TO HAVE ANY LIABILITY TO YOU, YOUR ORGANIZATION OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE YOU AGREE THAT THE AGGREGATE LIABILITY OF JODI BOGART AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS; PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.

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8. Indemnification

You understand and agree that you and the organization that you represent, if applicable, are responsible for your behavior on the Site. You, and your organization (if applicable), agree to indemnify, defend, and hold harmless Jodi Bogart, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

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9. Privacy

Your use of the Site is subject to Jodi Bogart's Privacy Policy, available at

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10. General Provisions

Entire Agreement/No Waiver. Except for applicable Terms of Service and the Jodi Bogart Privacy Policy referenced herein, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Jodi Bogart of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Jodi Bogart, therefore, reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice. Jodi Bogart does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

 

Enforcement/Choice of Law/Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Jodi Bogart's Privacy Policy, your use of the Site, any other Jodi Bogart website, or the Content are governed by and will be interpreted in accordance with, the laws of the state of California, without regard to any conflict of law provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in California in the event of any dispute of any kind arising from or relating to these Terms of Use, Jodi Bogart's Privacy Policy, your use of the Site, any other Jodi Bogart website, or the Content.

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