By using mrsFIXIT.com ("the site") you are agreeing
to abide by these terms. This web site is an evolving
entity and as such you must be aware that we may change
the Terms of Use from time to time. By using this site
you accept the current Terms of Use.
1. Acceptance of Terms of Use
Use of this site signifies your agreement with these
terms of use. If you do not agree with these terms do
not use this site. McGraw Media Enterprises, Inc. (MME),
the owner of mrsFIXIT.com reserves the right to modify
these Terms of Use from time to time at its sole discretion.
Each time you log on to mrsFIXIT.com ("the site") you
will be deemed to have accepted any such changes.
2. Termination or Modification of mrsFIXIT.com
You agree that MME may at any time, and for any reason,
modify, change, terminate or suspend any component(s)
of the site, without notice and without liability to
you or any third party. We may also impose limits on
certain features of the site or restrict your or any
third party's access to part or all of the site for
any reason (including, without limitation, your breach
of these Terms of Use) or no reason, without notice
or penalty.
3. Trademarks and Copyrights
All trademarks are registered trademarks of MME. All
rights reserved. All other trademarks appearing on the
site are property of their respective owners. All materials
on this site, including, but not limited to images,
illustrations, audio clips, video clips (the "Materials")
are protected by copyrights which are owned or licensed
by MME. No material from the site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way. However, you may make one copy, for personal
non-commercial home use only, provided all copyright
and other notices contained in the Material are left
intact. Any modification of this Material or use of
the Material for any other purpose constitutes an infringement
Use of this Material on any other web site or other
networked computer environment is prohibited.
4.Third Party Issues
As a convienience to you, we may provide links to third
party Web site and the site may contain content supplied
by parties other than MME. This information is provided
for your information only. We do not endorse these products
and services. We make no representations or warranties
regarding any such Vendor product or service. All matters
concerning any Vendor product or service are solely
between you and such Vendor, whether or not we may have
received some form of revenue or other remuneration
in connection with any such matter. WE WILL NOT BE LIABLE
TO YOU OR ANY OTHER PARTY FOR ANY COSTS
OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, OUT
OF ANY SUCH MATTER.
5. Disclaimer of Warranties
While great care and pride are taken in the information
we provide, we do not guarantee the accuracy or completeness
of any information on or provided in connection with
the site. Remember that the information provided is
general. Ideas, advice, and other information can in
no way anticipate your situation. Accordingly, we provide
the site with the understanding that you will always
use common sense and sound judgment in the use of information
we provide. MME recommends and encourages you to seek
appropriate professional advice or care for any situation
or problem which you may have.
WARNING: Any home improvement project
can be dangerous, even for the most seasoned professional.
Always read and follow any and all safety information
and instruction manuals that come with tools and products
that you use in your home. Be extra cautious when working
on electrical projects. If at any time you do not feel
comfortable or confident in what you are doing stop
and seek the advice of a professional. Herein you expressly
agree to hold MME harmless for any property damage,
personal injury and/or death, or any other loss or damage
that may result from use of this site.
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE.
6. Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL MME OR ITS AFFILIATES,
AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING,
WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE
ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE LIABILITY OF MME, ITS AFFILIATES,
AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND
OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL
NOT EXCEED THE AMOUNT YOU PAID TO THE SITE FOR THE USE
OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
THE LIABILITY OF MME, ITS AFFILIATES, AGENTS AND LICENSORS
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.
7. Indemnification
You agree to indemnify and hold us, our parents, subsidiaries,
affiliates, consultants, advisors, officers, directors
and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party
arising out or relating to (a) your use of the site,
(b) the violation of these Terms of Use by you, or (c)
the infringement by you, or any other person using your
account, of any intellectual property or other right
of any person or entity; provided that we (i) provide
you with prompt written notice of such claim; (ii) permit
you to control the defense and settlement of such claim;
and (iii) do not enter into any settlement or compromise
of any such claim.
8. Miscellaneous
These Terms of Use shall be governed in all respects
by the laws of the State of New York without regard
to conflicts of laws principles thereof. Both parties
submit to jurisdiction in New York and further agree
that any cause of action arising under these Terms of
Use shall be brought exclusively in any state or federal
court located in Syracuse, New York.
In the event that any provision of the Visitor Agreement
conflicts with the law under which the Terms of Use
is to be construed or if any provision is held invalid
by a court with jurisdiction over the parties to the
Terms of Use, such provision will be restated to reflect
as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder
of this Terms of Use will remain in full force and effect.
If either party fails to insist upon or enforce strict
performance by the other party of any provision of the
Terms of Use, or to exercise any right under the Terms
of Use, such a failure will not be construed as a waiver
or relinquishment to any extent of such party's right
to assert or rely upon any such provision or right in
that or any other instance. That is, all provisions
and rights will remain in full force and effect.
These Terms of Use and any express additional terms
constitute the entire understanding between the parties
as to subject matter hereof, and supersede all prior
agreements and understandings.
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