As of September 3, 2020, these Terms and Conditions (these “Terms”) contain herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as the “Site”) between mosquitomarys.com and affiliates (“Mosquito Mary’s” or “We”; “Us”) and visitor (“You”; “Your”). These Terms apply in full force and effect to your use of this Site. By using the Site, you expressly accept all terms and conditions contained herein in full. You must not use the Site if you have any objection to any of these Terms.
Other than the content you own, which you may have opted to include on this Site, under these Terms, Mosquito Mary’s and/or its licensors own all rights to the intellectual property and material contained on this Site, including photographs, videos, texts, software code, and sounds and all such rights are reserved. Mosquito Mary’s trademarks and logos are owned by Mosquito Mary’s and may not be used without consent of Mosquito Mary’s. If you use the site, content, code, data, or materials available through the Site, except otherwise stated herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may subject to liability for unauthorized use.
2. RESTRICTIONS ON USE OF THIS SITE
You are allowed access and may view content on the Site on your computer, tablet, smart phone, or other device, unless otherwise indicated in these Terms. You may not reproduce, redistribute, publish, or otherwise use by electronic or any other means of any content on the Site. Your use of the Site is only for your personal, internal, and non-commercial use. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other propriety content or proprietary rights notices.
3. SITE DIRECTED AT UNITED STATES VISITORS
The Site is intended for visitors residing in the United States. However, the Site may be accessed by visitors residing outside of the United States. Mosquito Mary’s makes no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
4. CODE OF CONDUCT
Certain parts of this Site offer users the opportunity to post and exchange opinions, information, material, and data (“Comments”) in areas of the Site. Mosquito Mary’s does not screen, edit, publish, or review Comments prior to their appearance on the Site and Comments do not reflect the views or opinions of Mosquito Mary’s, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Mosquito Mary’s shall not be responsible or liable for the Comments or for any loss cost, liability, damages, or expenses caused and/or suffered as a result of any use of and/or posing of and/or appearance of the Comments on this Site. Mosquito Mary’s reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive, or otherwise in breach of these Terms. You are warrant and represent that you are entitled to post the Comments on the Site and have all necessary licenses and consents to do so; the Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy; and the Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant Mosquito Mary’s, a non-exclusive royalty-free license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, and media.
Without prior approval and express written permission from Mosquito Mary’s, you may not create frames around the webpages from the Site or use other techniques that may alter in any way the visual presentation or appearance of the Site.
6. RESERVATION OF RIGHTS
Mosquito Mary’s reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site. You agree to immediately remove all links to the Site upon such request. Mosquito Mary’s also reserves the right to amend these Terms and its linking policy at any time. By continuing to link to the Site, you agree to be bound to and abide by the Terms expressed on the Site.
To the maximum extent permitted by applicable law, Mosquito Mary’s excludes all representations, warranties, and conditions relating to the Site and the use of this Site, including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill. Nothing in this disclaimer will limit or exclude Mosquito Mary’s or your liability for death or personal injury resulting from negligence; limit or exclude Mosquito Mary’s or your liabilities in any way that is not permitted under applicable law; or exclude any of Mosquito Mary’s or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer are subject to the preceding information; govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty. To the extent that the website and the information and services on the Site are provided free of charge, Mosquito Mary’s will not be liable for any loss or damage of any nature.
8. NO WARRANTIES
The Site is provided “as is” with all faults and Mosquito Mary’s makes no express or implied representations or warranties, of any kind, related to the Site or materials contained on the Site. Additionally, nothing contained on this Site shall be construed as providing consult or advice to you.
9. LIMITATION OF LIABILITY
In no event shall Mosquito Mary’s, nor any of its officers, directors, employees, be liable to you for anything arising out of, or in any way, connected with your use of this Site, whether such liability is under contract, tort, or otherwise, and Mosquito Mary’s, including its officers, directors, and employees, shall not be liable for any indirect, consequential, or special liability arising out of, or in any way, related to your use of this Site.
You hereby indemnify to the fullest extent, Mosquito Mary’s from and against any and all liabilities, costs, demands, causes of actions, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions herein.
12. VARIATION OF TERMS
Mosquito Mary’s is permitted to modify these Terms at any time as it sees fit, and by using this Site, you are expected to review such Terms on a regular basis to ensure You understand all terms and conditions governing use of this Site. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms whenever visiting the Site to be aware of any modifications. Your use of this Site after modifications have been posted constitutes your agreement to be bound by the Terms as modified.
Mosquito Mary’s shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between Mosquito Mary’s and you in relation of your use of this Site, and supersede all prior agreements and understandings with respect to the same.
15. GOVERNING LAW & JURISDICTION
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, and You submit to the non-exclusive jurisdiction of the state and federal courts located in Georgia for the resolution of any disputes.
If you require further explanation regarding the Terms, contact Mosquito Mary’s at email@example.com.