FOR SOPHISTICATED, SUCCESSFUL & SPOILED
NOTICE OF ACCEPTANCE
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DISCLAIMER OF WARRANTY
The information contained on the Site may contain technical inaccuracies or typographical errors. Both the Site and the products and services described on the Site may be changed at any time without notice. BY CONTINUING TO USE THE WEBSITE AFTER THE DATE OF ANY CHANGE, YOU ARE AGREEING TO SUCH CHANGE MADE BY TESS VAN GHERT. TESS VAN GHERT assumes no responsibility, and will not be liable for, any damage to, or viruses or other disabling code that may infect your computer equipment, software or other property as a result of your downloading, viewing, or otherwise using the Site or any of its content, or any sites to which the Site contains a link, or their content. THE SITE AND ITS CONTENTS ARE PRESENTED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, TESS VAN GHERT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITH RESPECT TO THE SITE AND ANY SITE TO WHICH THE SITE CONTAINS A LINK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TESS VAN GHERT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, SUFFERED AS A RESULT OF DOWNLOADING, VIEWING, COPYING, PRINTING, DISTRIBUTING, MODIFYING, RELYING UPON, OR OTHERWISE USING OR BEING UNABLE TO USE ANY PORTION OF THE SITE OR ANY SITE TO WHICH THE SITE CONTAINS A LINK, INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS INTERRUPTION, WORK DELAY, OR LOSS OF DATA, PROFITS, REVENUES OR OTHER ECONOMIC ADVANTAGE, WHETHER SUCH DAMAGES ARE CLAIMED UNDER CONTRACT, IN TORT, OR OTHERWISE, AND EVEN IF TESS VAN GHERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TESS VAN GHERT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, SUFFERED AS A RESULT OF ACTIONS PERFORMED BY ANY WEB SITE HOSTING SERVICES UTILIZED BY TESS VAN GHERT. TESS VAN GHERT SHALL HAVE no responsibility or liability for technical problems or technical malfunction which may affect the operation of THIS SITE, including but not limited to, any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of THIS SITE, in whole or in part for any reason; traffic congestions on the Internet or THIS SITE; unauthorized human or non-human intervention of the operation of THIS SITE, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, OR worms. Use of THIS SITE is at user’s own risk. TESS VAN GHERT IS not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from USE OF THIS SITE OR THE download of any information from THIS SITE. SEE ALSO THE LIMITATIONS OF LIABILITY SET FORTH IN THE SECTION BELOW RELATING TO PURCHASES, RETURNS AND EXCHANGES . Procedure for Claims of Intellectual Property Infringement. If you believe that we have published an image or text that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide us with written notice containing the following information: your name, address, telephone number, facsimile number and e-mail address; the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of the image or text you claim is infringing; the exact permanent URL for the page or a description of where the image or text that you claim is infringing is located on the Website; evidence and information establishing or supporting ownership of a copyright or intellectual property right which is being infringed upon; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. Notices of claims of copyright or other intellectual property infringement should be directed to: firstname.lastname@example.org. Electronic Communications: When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.