WWW.SHELLYVANGOEYE.COM

TERMS OF USE AGREEMENT

ShellyVanGoeye.com is a subsidiary of In Your Corner, LLC.

IN YOUR CORNER WELCOMES YOU TO WWW.SHELLYVANGOEYE.COM (“WEB SITE”).  WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS WEB SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS WEB SITE OR ANY RELATED WEB SITES (“AGREEMENT”).  BY ACCESSING, VIEWING, OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.

In Your Corner reserves the right to make changes to the SHELLY VAN GOEYE Web Site and its Terms of Use and legal notices and policies at any time. Each time you use the Shelly Van Goeye Web Site, you should visit and review the then current Terms of Use, legal notices and Privacy Policy that apply to your transactions and use of this Web Site.  If you are dissatisfied with the Shelly Van Goeye Web Site, its content or Terms of Use and legal notices, you agree that your sole and exclusive remedy is to discontinue using the Shelly Van Goeye Web Site.

USE OF WWW.SHELLYVANGOEYE.COM

In Your Corner, LLC, and its affiliated entities, (collectively “In Your Corner”) grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of In Your Corner. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of In Your Corner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of In Your Corner and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing In Your Corner’s name or trademarks without the express written consent of In Your Corner. Any unauthorized use terminates the permission or license granted by In Your Corner. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ShellyVanGoeye.com so long as the link does not portray In Your Corner, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any In Your Corner logo or other proprietary graphic or trademark as part of the link without express written permission. Any other use of this Web Site is prohibited, including, but not limited to, use of any features of this Web Site that permit communications or postings to post, transmit, display, or otherwise communicate:

1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2. any advertisement, solicitation, spam, chain letter, or other similar type of information;
3. any encouragement of illegal activity or commit illegal activities;
4. the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. unauthorized use or disclosure of private, personally identifiable information of others; or
6. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Shelly Van Goeye Web Site through which users can supply information or material.  However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.  We also reserve the right to deny access to the Shelly Van Goeye Web Site or any features of the Web Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others.

SITE CONTENTS AND OWNERSHIP

1. SHELLY VAN GOEYE CONTENT: All information, the organization and the content not posted by users of the Web Site, including all images, designs, photographs, writings, data, and other materials (“Shelly Van Goeye Content”) are the property of Shelly Van Goeye and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. This material shall not be used for any purpose other than as authorized in this Agreement or by the written consent of Shelly Van Goeye or its authorized representative.  You must retain all copyright and other proprietary notices on all copies of the Shelly Van Goeye Content.  You shall comply with all copyright laws worldwide in your use of this Web Site and prevent unauthorized copying of the Shelly Van Goeye Content.  Except as provided in this Agreement, Shelly Van Goeye does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

1. USER CONTENT: From time to time, our Web Site may allow users to post certain information.  Shelly Van Goeye will not claim ownership to the information, text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you post to the Web Site or input during any process or submit as part of any registration requirements on this Web Site.  After posting your User Content to the Web Site, you continue to retain ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. You agree that you have sole responsibility for ensuring that all User Content submitted on or through the Web Site is compliant with the terms and conditions of this Agreement, and all legal notices or other policies in effect at any given time on this Web Site.  You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Content, and Shelly Van Goeye shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. By posting, inputting, displaying, or publishing any User Content on or through the Web Site, you hereby grant to Shelly Van Goeye a worldwide, perpetual, royalty-free license to (i) reproduce, store, display, distribute and perform User Content on or through the Web Site; and (ii) use and analyze the User Content internally in furtherance of Shelly Van Goeye’s internal business purposes and the purposes of this Agreement; (iii) create any products or services based on user information and User Content to sell to third parties or may use any information and User Content to promote the business of Shelly Van Goeye; and (iv) disclose the User Content and related information created by Shelly Van Goeye or for Shelly Van Goeye on an aggregated basis for marketing and business development purposes, including targeting advertisements.  You shall agree to indemnify, defend and hold Shelly Van Goeye harmless from and against any claims by you or third parties resulting from In Your Corner’s use of the User Content in accordance with the terms of this Agreement.

REFUNDS

If you need to cancel your attendance to an event you purchased via this Web Site, you must contact us and provide us with written notification of your cancellation at least 48 hours before the event you wish to cancel begins.  If we receive your written notice within such time period, we will provide you with a refund for the amount you paid for the event, less any fees charged to In Your Corner relating to such refund.

DISCLAIMER OF WARRANTY

The information on this Web Site does not constitute endorsement of a particular product, service, supplier or vendor.  Listing of a product, service, or entity on this Web Site is not a warranty by In Your Corner of the quality or efficacy of care, products or services furnished by a particular vendor, entity or service.  You expressly agree that use of this Web Site is at your sole risk.  Neither In Your Corner, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Web Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Web Site, or as to the accuracy, completeness, reliability, security, or currency of the materials.

The materials may contain errors, omissions, inaccuracies, or outdated information. Further, In Your Corner does not warrant reliability of any statement or other information displayed or distributed through the Web Site. In Your Corner reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. In Your Corner may make any other changes to this Web Site, the materials and the products, programs, services, or prices (if any) described in this Web Site at any time without notice.

THIS WEB SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEB SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. IN YOUR CORNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN YOUR CORNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT IN YOUR CORNER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL IN YOUR CORNER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEB SITE, YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER IN YOUR CORNER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless In Your Corner, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Web Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY

In Your Corner’s Privacy Policy governing the use of information that In Your Corner obtains from you through your use of this Web Site is available on this Web Site.  To view the Privacy Policy please click here.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises.

RISK OF LOSS

Any items purchased from In Your Corner are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

INTENDED FOR USERS OVER AGE 18

You must be 18 years of age or older to purchase any product or service provided by In Your Corner.  While individuals under the age of 18 may utilize the Web Site, they may do so only with the involvement of a parent or legal guardian.  It is assumed that if an individual under the age of 18 purchase products or services on this Web Site that the individual’s parent or legal guardian has agreed to the terms of this Agreement.

TERM AND TERMINATION

Without limiting its other remedies, In Your Corner may immediately discontinue, suspend, terminate, or block your and any user’s access to this Web Site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this Web Site links to web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Web Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by In Your Corner. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by In Your Corner. In Your Corner does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by In Your Corner. Links do not imply that In Your Corner or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of In Your Corner or any of its affiliates or subsidiaries. Except for links to information authored by In Your Corner, In Your Corner is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. In Your Corner reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. In Your Corner makes no representation that the materials are appropriate or available for use outside the United States. If you access this Web Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Web Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Ottawa County, Michigan for any disputes with In Your Corner arising out of your use of this Web Site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between In Your Corner and you with respect to this Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and In Your Corner with respect to this Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Web Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. In Your Corner does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Web Site, including but not limited to any consent you give to receive communications from In Your Corner solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.