Terms & Conditions

I. OVERVIEW
a. Parties.
These terms and conditions govern the users of this website, which is operated by Meredith Burgess (the “Site”). “Users” include visitors to the website solely for the purpose of browsing, as well as those who interact with the site in any way. Such designation applies regardless of the frequency and duration of visits to the Site. All references to “you” or “your” within these terms and conditions are referring to Users. All references within these terms to “we”, “us”, “our”, or “Contractor” are referring to Meredith Burgess.

b. Acceptance of Terms and Conditions
By using the Site, you are agreeing to be bound by these Terms and Conditions, including all amendments and modifications to them. Should you not be willing to be bound by or abide by these Terms and Conditions, you should not use the
Site.

c. Modification of Terms and Conditions
We reserve the right to modify and amend these Terms and Conditions from time to time. Users can find the date of the last update to the Terms and
Conditions at the top of these Terms and Conditions. It is the responsibility of Users to keep up to date on the latest modifications to the Terms and
Conditions.

II. RELATIONSHIP BETWEEN PARTIES

Your use of the Site alone does not create any legal relationship between you and Meredith Burgess and does not place on Meredith Burgess any legal obligation to you apart from the obligation to abide by all laws, rules and regulations governing the jurisdiction in which we operate. Should you wish to retain any of the services offered by Meredith Burgess on the Site or otherwise, you will first be required to enter into a separate agreement governing those services and outlining the legal relationship between the parties.

III. RELIANCE ON INFORMATION POSTED ON THE WEBSITE
a. Risk of Reliance borne by User.

The information and material we include on the Site is for general purposes only and should not be relied upon by Users as the sole basis for making decisions without first verifying that it is the most current, comprehensive, and accurate information available. No legal relationship exists between you and Meredith Burgess until you have entered into a separate agreement with us for any particular service that we will provide to you. We are not responsible for any harm resulting from your reliance on the information published on the Site.

b. No obligation to update.
Some of the information we publish on the Site is effective as of the date of publication only due to ongoing changes in products, trends, available
information, etc. We are not responsible for updating the information published on the Site to ensure it is current. Users are responsible for ensuring they are utilizing and obtaining the most up-to-date information available on any topic covered on the Site.

c. Pricing Information.
Any prices shown on the Site are subject to change without advance notice to Users. You should consult Meredith Burgess at the contact information shown in Section XIX of these Terms and Conditions to confirm the most up-to-date pricing for the services we offer. 

IV. INTELLECTUAL PROPERTY
All content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Further, you agree that, if you violate, or display any likelihood of violating, the provisions of this Section IV, Meredith Burgess will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

V. USER-SUBMITTED CONTENT
a. Our right to utilize User-Submitted Content.
The Site may provide Users with the opportunity to submit content in the form of reviews, discussion forums, feedback, comments, etc. (“User Content”). Regardless of whether such User Content is provided by Users voluntarily or at our request, you agree that we may at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium the User Content you submit. You agree that we will have no obligation to compensate you for our use of the User Content, regardless of the purpose for which we use it. In addition, you understand and agree that we have no obligation to keep the User Content you submit confidential, regardless of the method through which you submit the content. Finally, you understand and agree that we have no obligation to respond to any questions or comments you submit to us. 

b. Reservation of right to remove User Content from Site.

We reserve the right to monitor User Content posted on the Site and to remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms and Conditions.

VI. THIRD PARTY CONTENT
Certain content, products, and advertisements featured on the Site may include material from third parties (“Third Party Content”) and interacting with such Content may take you from the Site to the site or sites of one or more third parties. You should be aware that such third parties may have their own terms and conditions or other agreements governing their content and you will be responsible for familiarizing yourself with and complying with any and all such terms or agreements. Unless expressly stated otherwise on the Site, the presence of Third Party Content on the Site does not create any affiliate relationship between us and the applicable third party. We are not responsible for the content or accuracy of any Third Party Content and we do not warrant or endorse the materials, websites, products or services of any third party, nor any Third Party Content. Further, you agree that we are not responsible for any harm or damages that may result to you as a result of your purchase, use or reliance on any Third Party Content. Any complaints, claims, concerns or question related to Third Party Content should be directed to the applicable third party. 

VII. PROHIBITED USES
You agree not to use the Site, any information provided on the Site, or any services we make available to you for any of the following prohibited purposes: a) any unlawful purpose, b) to solicit others to perform or participate in any unlawful acts; c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, religion, ethnicity, race, age, national origin, sexual orientation, or disability; f) to submit false or misleading information, g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purpose; or k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. 

VIII. RESERVATION OF RIGHTS

We reserve the right to restrict access to the Site and any products or services featured on the Site at anytime and for any reason. We reserve the right to modify or discontinue the Site at any time without advance notice. 

IX. USER PERSONAL DATA
You agree to provide current, complete and accurate purchase and account information for all purchases or payments made on the Site. You agree to
promptly update your account and other information you provide in order to ensure that your transactions on the Site can be completed and we can contact you if needed. The treatment of the personal information that Users provide via the Site is governed by our Privacy Policy.

X. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Meredith Burgess and her affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (the “Indemnified Parties”) from any claim, demand, cause of action, or expense, including reasonable attorneys’ fees, made against the Indemnified Parties by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

XI. TERM AND TERMINATION
a. Term
These Terms and Conditions apply to you as soon as you access the Site and continue in effect until they are terminated as described in Section XI(b) below. Upon termination, these Terms will generally no longer apply. However, as described in Section XI(c), certain provisions will always remain applicable to both you and Meredith Burgess.

b. Termination
Meredith Burgess may terminate your right to use the Site at any time (a) if you violate or breach these Terms and Conditions; (b) if you misuse or abuse the Site, or use the Site in a way not intended or permitted by Meredith Burgess; or (c) if allowing you to access and use the Site would violate any applicable local,  state, or federal law and other laws, rules and regulations or would expose us to legal liability. Should we terminate your right to use the Site, we will use our best efforts to notify you of such termination and the reason it occurred. However, we are under no obligation to provide any notice and explanation to you prior to terminating your use of the Site. If at the time of termination of your right to use the Site you have incurred charges with us that are not yet paid, you agree to pay all amounts owed in full at the time of such termination and will remain liable for any unpaid amounts.

c. Provisions Remaining in Effect Following Termination
The following provisions shall remain in effect and binding on both you and Meredith Burgess even after the termination of your right to use the Site and the resulting termination of these Terms and Conditions: Section IV.  Intellectual Property; Section V. User Submitted Content; Section X. Indemnification; Section XI. Term and Termination; Section XIII. Dispute Resolution, and Section XVII. Governing Law.

XII. LIMITATION OF LIABILITY
In no event shall Meredith Burgess, or her employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, including, but not limited to, any errors or omissions in any content on the Site, or your use of our services. In instances when our liability, or purported liability, arises from the services we provided to you, our liability shall be limited to the value of the services you purchased from us. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

XIII. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES PROVIDED BY US WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.  

a. Resolution prior to arbitration 
If you have a question or concern about the Site, or the information or services featured on the Site, please  contact us  first. Our customer support team will try to answer your question or resolve your concerns. 

b. Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms and Conditions or your use of the Site through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. Arbitration carried out pursuant to this Section XIII(b) shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, for claims brought by a business, or its consumer arbitration rules, for claims related to your personal or household use of the Site. Judgment on the award rendered by the arbitrator(s) is final and may be entered in any court having jurisdiction thereof.  Claims shall be heard by a single arbitrator. The arbitration shall be governed by the laws of the State of Arkansas. For arbitrations that include an in-person hearing, the place of arbitration shall be Kansas City, Missouri. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The standard provisions of the Commercial Arbitration Rules shall apply, unless the actions giving rise to the dispute or claim relate to your personal or household use of our services, in which case the Consumer arbitration Rules will apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned
opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder
without the prior written consent of both parties.

XIV. WAIVER
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  

XV. ENTIRE AGREEMENT
These Terms and Conditions and any policies or operating rules referenced herein constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and conditions).  Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

XVI. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, while the unenforceable portion shall be deemed to be severed from these Terms and Conditions. The remaining provisions shall remain in full force and effect. 

XVII. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the state of Arkansas.

XVIII. CONTACT INFORMATION
Question about these Terms and Conditions or any other matter arising under them should be sent to us at mereburgess@gmail.com.