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INTRODUCTION: CONSENT TO TERMS
Byte Sized Solutions LLC (the "Company") makes this website (the "Site"), including but not limited to all information, communications, files, text and graphics available through the Site (collectively, the "Materials") and services operated by the Company (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that the Company may publish from time to time (collectively, the "Terms of Use"). Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Use. Your continued use of the Site following the posting of updated Terms of Use will mean that you agree to those changes.
INTELLECTUAL PROPERTY
The Materials and Services, as well as their selection and arrangement, are protected by copyright, trademark, patent and/or other intellectual property laws, and any unauthorized use of the Materials or Services on this Site may violate such laws and the Terms of Use. Except as otherwise agreed in writing by the Company or otherwise herein, the Company does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection or arrnagement. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
e-schedule solutions™, athletic club manager™, and web-by-numbers™ are trademarks of the Company. All rights reserved. You may not use any of the Company's trademarks, logos or graphics without the Company's prior written consent.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN BY THE COMPANY, THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLISED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KINK, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMJATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPATED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION
By accessing this Site, you and the Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard tot he conflicts of laws principles thereof. You and the Company also agree and hereby submit to the use the state of Illinois for jurisdiction and Cook County, Illinois for venue in any dispute between the parties.
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