Ownership of this Website
This website is owned and operated by Danielle J Mortensen. All of the
content featured or displayed on this website, including, but not limited
to, text, graphics, photographs, moving images, sound, illustrations and
software ("Content"), is owned by Danielle J Mortensen. All elements of
Danielle J Mortensen's website, including, but not limited to, the general
design and the Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property rights.
Except as explicitly permitted under this or another agreement with Danielle
J Mortensen, no portion or element of this website or its Content may be
copied or retransmitted via any means and this website, its Content and all
related rights shall remain the exclusive property of Danielle J Mortensen
unless otherwise expressly agreed. You shall indemnify Danielle J Mortensen
against any losses, expenses, costs or damages incurred by any or all of
them as a result of your breach of the terms of this Agreement or your
unauthorised use of the Content and related rights.
Disclaimers
This website and its Content are provided "as is" and Danielle J Mortensen
excludes to the fullest extent permitted by applicable law any warranty,
express or implied, including, without limitation, any implied warranties of
merchantability, satisfactory quality or fitness for a particular purpose.
Danielle J Mortensen will not be liable for any damages of any kind arising
from the use of this site, including, but not limited to direct, indirect,
incidental, punitive and consequential damages. the functions embodied on,
or in the materials of, this website are not warranted to be uninterrupted
or without error. You, not Danielle J Mortensen, assume the entire cost of
all necessary servicing, repair or correction due to your use of this
website.
Except as specifically stated in these Terms and Conditions of Use or
elsewhere on this website, or as otherwise required by applicable law,
neither Danielle J Mortensen nor her employees, licensors, content
providers, affiliates or other representatives will be liable for damages of
any kind (including, without limitation, lost profits, direct, indirect,
compensatory, consequential, exemplary, special, incidental, or punitive
damages) arising out of your use of, your inability to use, or the
performance of this website or the Content whether or not we have been
advised of the possibility of such damages.
Danielle J Mortensen uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make no representations
or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the Danielle J Mortensen website;
however, these other websites are not controlled by Danielle J Mortensen and
we are not responsible for any content contained on any such website or any
loss suffered by you in relation to your use of such websites. You waive any
and all claims against Danielle J Mortensen regarding the inclusion of links
to outside websites or your use of those websites.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by US federal
laws, without reference to its laws relating to conflicts of law and not
including the provisions of the 1980 United Nations Convention on Contracts
for the International Sale of Goods. Venue for all disputes arising under
this Agreement shall lie exclusively in the Courts of Ohio, US. Users of
this website agree that any and all disputes arising from the use of this
website, or the ordering of materials from this website, shall be settled by
binding arbitration. Notwithstanding the foregoing, however, Danielle J
Mortensen shall have the right to commence and prosecute any legal or
equitable action or proceeding before any non-US court of competent
jurisdiction to obtain injunctive or other relief in the event that, in the
opinion of Danielle J Mortensen, such action is necessary or desirable.
No Waiver, Severability
No action of Danielle J Mortensen, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these Terms
and Conditions of Use. Should any clause of these Terms and Conditions of
Use be found unenforceable, wherever possible this will not affect any other
clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use, prices,
information and available contractual license terms featured on this website
without notice. These conditions set out the entire agreement between
Danielle J Mortensen and you relating to your use of this website.
© 2009 Danielle J Mortensen. All rights reserved.