TERMS OF USE (9/30/2018)

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This website is owned and operated by Dianne Smithwick-Braden. These Terms set forth the terms and conditions under which you may use our website and products as offered by us. This website offers visitors a Blog page and a Bookstore. By accessing or using those pages of our website, you approve that you have read, understood, and agree to be bound by these Terms.

 

Blog and Bookstore Use Requirements 

In order to participate in our Blog and make purchases in our Bookstore, you need to be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or make purchases if doing so is prohibited in your country or under any applicable law or regulation applicable to you.

 

Key Commercial Terms 

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing, shipping and sales tax is available on the payments page.

 

Return and Refund Policy

Because items sold in the Bookstore are personalized and/or autographed, all sales are final.

 

Retention of Right to Change Offering

We may, without prior notice, change the products; stop providing the products or any features of the products we offer; or create limits for the products. We may permanently or temporarily terminate or suspend access to the products without notice and liability for any reason, or for no reason.

 

Ownership of Intellectual Property, Copyrights and Logos

diannesmithwick-braden.com and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Dianne Smithwick-Braden. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the Blog page and/or the Bookstore without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

 

Indemnification

You agree to indemnify and hold Dianne Smithwick-Braden harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Dianne Smithwick-Braden, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Dianne Smithwick-Braden assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website; and (iii) any unauthorized access to or use of any and all personal information stored therein.”

 

Right to change and modify Terms

We reserve the right to modify these terms from time-to-time at our sole discretion.  Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time.

Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America and the State of Texas, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Amarillo, Texas. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Customer Support Details & Contact Information

Contact Dianne Smithwick-Braden by email (dianne@diannesmithwick-braden.com) or by mail (P.O. Box 19184 Amarillo, Texas 79114) to receive customer support services and to correspond with the website operator. 

Available at

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