Terms of Service
Terms of Service
ASSUMPTION OF RISK, SAFETY, AND WARRANTY DISCLAIMER
You agree to assume all risk in downloading and using any site materials, and with respect to any project that you undertake based on any site materials.
Your safety when you undertake projects based on site material is your own responsibility, and your responsibilities include without limitation proper use of equipment and safety gear, and determining whether you have adequate skill and experience to perform the project. Power tools, electricity, and other resources used for these projects are dangerous, unless used properly and with adequate precautions, including safety gear. Some illustrations in the site materials do not depict safety precautions or equipment, in order to show the project steps more clearly. Projects described and depicted in the site materials are not intended for use by children.
YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE, INCLUDING WITHOUT LIMITATION ALL SITE MATERIALS, INFORMATION, AND SERVICES, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. vickiodell.com and The Creative Goddess DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. vickiodell.com MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR THE SITE MATERIALS.
vickiodell.com MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY SITE MATERIALS, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM O’REILLY, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, vickiodell.com IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, EVEN IF Vicki HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
This TOS constitutes the complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. If a supplemental term conflicts with this TOS, the supplemental term will prevail. You agree that we may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. A current version of this TOS will always be available here. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.
Ohio law and controlling U.S. federal law govern this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and vickiodell.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Summit, Ohio, U.S.A. You expressly understand and agree that any dispute, claim or controversy between you and vickiodell.com arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.
No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.