PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this site. We reserve the right without notice, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by Jill Freedman. The copyright in all material provided on this site is held by Jill Freedman, the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Jill Freedman or the copyright owner. No material from this site or any other site owned, operated or controlled by Jill Freedman may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Jill Freedman’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Jill Freedman.

FORUMS AND PUBLIC COMMUNICATIONS

“Forum” means an e-mail function offered as part of this site. You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited. It is Jill Freedman’s policy to respect the privacy of all guests. In addition, we may, at our sole discretion, monitor, edit, or disclose the contents of a guest’s e-mail when required in the course of normal maintenance of this site and its systems or particularly when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Jill Freedman; (2) protect and defend the rights or property of Jill Freedman; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By posting or uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. You agree to indemnify Jill Freedman for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these terms of use. While Jill Freedman does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, Jill Freedman reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

LINKED SITES

Jill Freedman is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JILL FREEDMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JILL FREEDMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JILL FREEDMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JILL FREEDMAN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JILL FREEDMAN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF JILL FREEDMAN OR A JILL FREEDMAN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JILL FREEDMAN TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as posted by Jill Freedman on this site or in writing, signed by Jill Freedman.