Going Ivy reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. Going Ivy reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability.
The Website includes information which Going Ivy believes will be of interest to its users. Some of the information has been developed by Going Ivy. Other information is provided by third-party sources. Going Ivy cannot ensure that information it provides is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. You are solely responsible for use of and reliance on this information. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Website are protected by copyright, trademark or other proprietary rights of Going Ivy, or third parties. Going Ivy grants you a limited nonexclusive license to use the information on the Website for your personal and noncommercial use. You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.
Submission of Content or Ideas
The Website includes an interactive portion that allows users to submit information, materials and other content. If you submit any content to Going Ivy, you agree and represent that you are the sole owner of the content or you have obtained written permission from the owner of any copyrighted or other proprietary information, that submission, publication, distribution or use of the content by Going Ivy will not infringe any rights of any third party, and you are solely responsible for any damages resulting from such submissions. You are solely responsible for obtaining such permission and agree to indemnify Going Ivy for any claim that information or materials submitted by you infringe any third-party intellectual property right. You agree not to upload, post or email any content or information that (a) is confidential, (b) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (c) contains viruses or other contaminating or destructive features, (d) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (e) offends the community standards of users of the Website (f) interferes with or disrupts the Website, (g) harass another user or (h) otherwise violates any applicable law.
You grant Going Ivy a nonexclusive, royalty-free, irrevocable license to use, copy, edit, modify, transmit, publish, distribute sublicense and to create a derivative work of any content submitted by you through the Website, including but not limited to distribution as part of Going Ivy’s services or in Going Ivy’s electronic and print publications, without compensation or attribution to you. Going Ivy has no obligation to publish, display or use any content submitted by you nor does it have any obligation or liability for any unauthorized copying, publication or distribution of such content.
Going Ivy requests that you never submit any idea or suggestion to Going Ivy that you consider confidential or proprietary. All ideas or suggestions submitted or disclosed will be deemed not confidential and will become the exclusive property of Going Ivy. You acknowledge and agree that Going Ivy may consider any idea or suggestion you submit and you irrevocably transfer and assign to Going Ivy all rights, known or unknown, in and to the ideas or suggestions and Going Ivy may use any idea or suggestion without restriction for any purpose without compensation to you.
Information from and Contacts with Third Parties
Through our Website, you may have access to information about events, products and services of other companies who have arranged to post advertisements on, and make other information available through, our Website (“Third Party Providers”). All such information has been provided by that Third Party Provider. We do not endorse, credential or accredit the events, products or services of Third Party Providers and make no representations or warranties about the type of products or services, quality, cost, or business practices of those Third Party Providers. You are responsible for all activities between you and a Third Party Provider.
Going Ivy may include or provide links on the Website to other websites on the Internet, include social media websites, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, Going Ivy does not represent to you that it has investigated the content of such information, opinions or recommendations, and does not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that Going Ivy has no control over such sites and is not responsible for the availability of such external sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites
You agree that you will not may any claim regarding Going Ivy or its products or services on any social media site, or any other website, regardless of any connection you might have to Going Ivy or if you have received any consideration from Going Ivy for any reason. If you violate the terms of this Agreement by making a claim regarding Going Ivy, you are solely liable.
Exchange of Information
In connection with using the Website, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Going Ivy does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.
THE CONTENT MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRNATY OF ANY KIND. GOING IVY AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH GOING IVY. NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOING IVY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT GOING IVY ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL GOING IVY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF GOING IVY IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND GOING IVY AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF GOING IVY, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILTY OF GOING IVY OR ITS AFFILIATES, AGENTS OR LICENSORS EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITIATION AND REMEDIES ARE REASONABLE.
You agree to indemnify, defend, and hold Going Ivy harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys’ fees) resulting from your use of the Website or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of Going Ivy Content is entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.
This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Arizona governing contracts wholly entered into and wholly performed within Arizona and any action to enforce these terms and conditions or in any manner related to Going Ivy will be brought exclusively in the federal or state courts located in Phoenix, Arizona and you agree to submit to the jurisdiction of such courts. If you are accessing the Website from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the website, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Website and any dispute regarding the Website.
This Agreement constitutes the entire agreement between you and Going Ivy with respect to the Website, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
If you believe that your work has been copied and use on the Website in a way that constitutes copyright infringement, please provide Going Ivy’s designated Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
Going Ivy’s Copyright Agent for Notice of claims of copyright infringement can be reached at:
Going Ivy LLC
Address: 4500 N 32nd St #115
Telephone: (602) 900 – 9060
Email: [email protected]
Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. Going Ivy cannot take any action with respect to any take down request unless the notice includes all of the information requested.
© 2017 Going Ivy LLC; all rights are reserved.