TERMS AND CONDITIONS

STATEMENT REGARDING LICENSING AND REGISTRATION LAWS AND CLIENTELE:
Neither Mary Cook & Associates nor any of its personnel are, or are holding themselves out as any one or more of the following: (i) a “registered interior designer” or “interior designer” as defined by the Illinois Interior Design Act; or (ii) an interior designer or architect who has been registered, certified, or licensed in any manner or under any federal, state or local law; (iii) a company, person or professional of any type that has been registered, certified or licensed in any manner under any federal, state or local law as amended from time to time or at any time.

The content of this website and use of words such as “interior,” “interiors,” “design,” “designs,” “designed,” “designing,” “designer,” “create,” “creates,” “created,” “creating,” or “architecture” within any statement, caption or context should not be interpreted or construed as directly or indirectly stating or implying that Mary Cook & Associates or any of its personnel have been registered, certified or licensed under any federal, state or local law as architects, interior designers or for any particular profession whatsoever.

Mary Cook & Associates and its personnel only provide services by contract or subcontract with business or professional entities who are NOT considered to be members of the “public” under the Illinois Interior Design Act and who have “a significant financial interest in the design or construction service or profession” (including, by way of example and not limitation, residential developers or homebuilders, golf course developers or operators, and companies or persons who are registered interior designers, architects, structural engineers, professional engineers).  While spaces that have been designed, decorated, furnished or otherwise serviced in whole or in part by Mary Cook & Associates or its personnel may be owned, used, visited, or occupied from time to time or at any time by one or more members of the general public (including by way of example and not limitation, purchasers or occupants of a furnished model home or visitors, customers or users of public spaces such as sales centers, athletic facilities, clubhouses or banquet halls), Mary Cook & Associates and its personnel do not contractually provide interior design services, interior decorating services or any other services to any one or more members of the general public and do not have members of the general public as clients or customers.

This website, www.marycook.com (this “Site”), is owned and operated by Mary Cook & Associates (“MC&A,” “we” or “us”).  The Mary Cook & Associates Website Terms and Conditions (the “Terms and Conditions”) describe the terms and conditions applicable to your use of this Site and the Content (as defined below) available through this Site.  The Terms and Conditions describe your responsibilities and, among other things, limit the liability of MC&A.     

BEFORE UTILIZING THIS SITE, BROWSING THIS SITE, SUBMITTING ANY INFORMATION VIA THIS SITE AND/OR USING ANY CONTENT OR SERVICES AVAILABLE THROUGH THIS SITE, READ THIS ENTIRE AGREEMENT CAREFULLY.  BY ACCESSING ANY AREAS OF THIS SITE, YOU (ALSO REFERRED TO HEREIN AS A “USER”) AGREE TO BE LEGALLY BOUND BY AND TO ABIDE BY THE TERMS AND CONDITIONS.

If you do not agree with any part of the Terms and Conditions, YOU MUST NOT USE THIS SITE.
MC&A reserves the right, in its sole discretion, to amend the Terms and Conditions or change or discontinue any permissions granted under the Terms and Conditions at any time by posting the amended terms on this Site.  The amended terms shall be effective from and after the date they are posted on this Site.  By accessing the Site after amended terms are posted, you thereby agree to be legally bound by and abide by such amended terms.  MC&A incorporates herein, by reference, the Mary Cook & Associates Website Privacy Policy, also found on this Site. 

 
INTENDED PURPOSE OF THE SITE
This Site has been established primarily for the benefit and use of MC&A customers and potential customers.  MC&A may, in its sole discretion, restrict this Site to selected users.  This Site contains information concerning MC&A and its various products and/or services.  The Content on this Site is provided for informational use only and should not be relied upon.  The term “Content” shall mean any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, articles, written and other material and compilations included on this Site.  MC&A takes reasonable measures when determining the Content of this Site but cannot guarantee the accuracy or completeness of the Content.  Not all products or services referred to on this Site may be available, and MC&A may change the products or services described on this Site at any time without notice. 

COPYRIGHT NOTICE
You acknowledge that Content included on this Site constitutes the property of MC&A, except to the extent that such Content may be owned by a third party or be a public domain work.  Reproduction, creation of derivative works, storage, distribution, public display or performance, transmission or publishing the Content owned by MC&A retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is strictly prohibited, except as expressly provided herein, and is subject to the U.S. copyright law and the copyright laws of foreign countries.  Reproduction, creation of derivative works, storage, distribution, public display or performance, transmission or publishing Content owned by third parties that is retrieved from this Site may be restricted by such third parties.   The permissions granted herein apply only to Content owned by MC&A.  Permission to use Content owned by third parties will need to be obtained from those third parties.

MC&A hereby grants you permission to reproduce in hardcopy form and store Content owned by MC&A for your personal, noncommercial use only.  Without express written permission of MC&A, with respect to Content owned by MC&A, you may not (i) modify such Content; (ii) use such Content for commercial purposes; (iii) remove any copyright notices or other proprietary notices from such Content; or (iii) make any use of such Content except as set forth in the Terms and Conditions.  Failure to follow MC&A’s terms regarding the use of Content owned by MC&A may be considered a violation of copyright law or other violation of law and may be pursued with the appropriate legal action.  MC&A reserves the right to require that you cease use of MC&A-owned Content at any time.

CORPORATE IDENTIFICATION AND TRADEMARKS
[The MC&A logo and various additional logos and marks are trademarks of MC&A.]  Other marks and/or logos appearing on this Site may be the trademarks of third parties.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the trademarks appearing on this Site in any way, including in advertising or publicity, except as expressly permitted herein, without the prior written consent of MC&A or the trademark owner or other authorized party.  To inquire about permission for logo and trademark usage of MC&A-owned trademarks, please contact us via info@marycook.com or via telephone at 773-975-9500.  MC&A cannot give you permission to use logos or marks owned by third parties.   [Note-This section should be modified to accurately reference trademarks that are owned by MC&A.]

ACCEPTABLE USE
You may not use robots or other automated means to access this Site without the prior written consent of MC&A.  You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site and as provided in the Terms and Conditions.  You agree to promptly update information submitted via this Site (if applicable) in order to keep such information current, complete and accurate.

Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you.  Any unauthorized attempts to upload or change information, to defeat or circumvent security measures or to utilize this Site for reasons other than its intended purposes are prohibited.  MC&A may monitor this Site.  You expressly consent to such monitoring, and you are advised that any evidence of criminal activity may be provided to law enforcement officials.  MC&A will seek to prosecute fraud and illegal use of this Site to the fullest extent of the law.

PRIVACY POLICY
You confirm that you have read and accept our Privacy Policy, the terms of which are incorporated herein, and you agree that the terms of the Privacy Policy are reasonable and satisfactory to you.  You consent to the use of information about you by MC&A and/or third parties it shares such information with in accordance with the terms of and for the purposes set forth in the Privacy Policy.  MC&A makes no representation or warranty with regard to the sufficiency of the security measures used for data transmission, handling and/or storage.  MC&A will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

NO WARRANTIES
MC&A provides no warranty, express or implied, as to the accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, title, quality or non-infringement of any Content, security, features or services on this Site.  This Site and all Content, features and services on this Site are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, without limitation.  Neither Safeguard nor its service providers, suppliers and/or Content providers shall have any responsibility or liability for errors on or omissions from this Site.

Without limiting the above, MC&A makes no warranties whatsoever concerning the actual products and/or services described on this Site, the manufacturers, dealers and/or suppliers of those products and/or services and information received from third parties about those products and/or services, including but not limited to product/service descriptions, product/service availability, merchantability, fitness for a particular purpose, sales information and price information.

Without limiting the above, no warranty or guarantee is made:  (i) that use of this Site and all software, products and/or services associated with this Site will be secure, uninterrupted, error free or free from viruses or other malicious code; or (ii) that results that may be obtained from the use of this Site or the Content will be accurate or reliable. 

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE CONTENT ON THIS SITE IS AT YOUR SOLE RISK.

GENERAL LIMITATION OF LIABILITY
IN NO EVENT SHALL MC&A AND/OR ITS SERVICE PROVIDERS, SUPPLIERS OR CONTENT PROVIDERS, INCLUDING MC&A’S AND/OR ITS SERVICE PROVIDERS’, SUPPLIERS’ OR CONTENT PROVIDERS’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND/OR AFFILIATES (ALL SUCH PARTIES, INCLUDING MC&A, COLLECTIVELY REFERRED TO AS, THE “COVERED PARTIES”) BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INFORMATION OR ATTORNEY’S FEES), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR REFERENCED ON THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT ONE OR MORE COVERED PARTIES IS/ARE FOUND LIABLE UNDER THE TERMS AND CONDITIONS, THE TOTAL AMOUNT OF THE LIABILITY FOR ALL COVERED PARTIES COMBINED SHALL NOT EXCEED THE LESSER OF THE ACTUAL DAMAGES OR ONE THOUSAND DOLLARS ($1,000).

Some states, to the extent their law might be deemed to apply, do not allow certain limitations of liability or limitations or disclaimers of warranties and, as a result, the foregoing limitations of liabilities or limitations or disclaimers of warranties might not apply to you.

INDEMNIFICATION
You hereby agree to indemnify, defend and hold the Covered Parties harmless from and against any and all liability, losses, costs and expenses (including attorney’s fees) incurred by any Covered Party in connection with any claim relating to your breach of the Terms and Conditions and/or the Privacy Policy or your violation of any law, regulation or right of a third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You may send MC&A comments, questions, suggestions or ideas relating to MC&A’s products and/or services and this Site.  You represent and warrant that you own all intellectual property rights in all comments, feedback, suggestions, ideas, reviews or other information disclosed, submitted or offered to MC&A through this Site (collectively, “Comments”) and have the right to transfer such intellectual property rights as provided herein.  You agree to transfer all intellectual property rights in your Comments and to information disclosed in your Comments to MC&A. You expressly agree that MC&A may take any and all actions necessary to obtain, maintain and protect its ownership interest in Comments and/or information and rights disclosed therein, including without limitation obtaining copyrights, trademarks and/or patent registrations and licenses or assignments of such intellectual property rights.  You agree to assist and will cooperate fully with MC&A and its agents, upon request, in pursuing any such registrations and/or protecting MC&A’s rights.

LINKS TO OTHER WEBSITES AND THIRD-PARTY INFORMATION
This Site may include links to third-party websites.  These links are provided to you only as a convenience.  Your use of each of these third-party websites is subject to the conditions, if any, that each of those websites has posted.  These third-party websites are not under the control of MC&A, and MC&A is not responsible for the contents of any linked website or any link contained on a linked website.  MC&A does not guarantee or warrant the accuracy or completeness of the information or content included on these third-party websites and expressly disclaims any liability or responsibility for any information that is available on any third-party website linked to by this Site.  The inclusion of third-party content or link to a third-party website is not a recommendation or endorsement of that content, the third-party website or products and/or services referenced on that website.

LINKS BY OTHERS TO THIS SITE
MC&A hereby grants permission to you to link to this Site, provided that: (i) you comply with the Terms and Conditions; (ii) you agree to remove or disable the link immediately upon notice to do so from MC&A; and (iii) no content on any website containing a link to this Site disparages or defames MC&A or its products, services, suppliers, officers, directors or employees or contains any inappropriate or questionable content.

TERMINATION OF USAGE
User access to all or part of this Site may be terminated or suspended at any time without notice and for any reason.

NOTIFICATION
MC&A may be required by law to notify you of certain events.  You hereby acknowledge and consent that such notices will be effective upon our posting them on this Site and/or delivering them to you through e-mail.

MISCELLANEOUS
The captions in the Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the provisions of the Terms and Conditions.

The Terms and Conditions represent the entire agreement between you and MC&A regarding your use of this Site and supersede any prior statements or representations regarding the subject matter, except that other agreements may apply to services accessed or requested via this Site.  In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.  Waiver by MC&A of any breach of the Terms and Conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right, which may be exercised at any subsequent time.

GOVERNING LAW
This Site is controlled and operated by MC&A from its offices in the United States of America.  You acknowledge and agree that the Terms and Conditions will be construed and evaluated only according to the laws of the United States of America and the laws of the State of Illinois.  If you are accessing this Site from locations outside the United States of America, you are responsible for compliance with any and all applicable laws of those or any other applicable locations, including but not limited to any laws pertaining to privacy or disclosure of information.

[NOTE--It is assumed that the Site and services are intended for use in the U.S.  If, however, MC&A intends for this Site and the services to be used in other countries, the laws of those countries should be reviewed.  Additionally, it should be noted that the language included in the foregoing paragraph is designed to help limit responsibility MC&A may have for complying with laws of a foreign country.  Without researching the laws of foreign countries, it is impossible to determine what laws may apply to MC&A, even if MC&A does not intend for this Site to be accessed in those countries.  As such, while we have attempted to help mitigate any liability MC&A may face regarding compliance with foreign laws, the language that we have included may not be completely effective in this regard.  This note is also applicable to the Privacy Policy.] 

CONTACT INFORMATION
If you have any questions concerning the Terms and Conditions, please use the following information to contact us:

4001 N. Ravenswood Ave., Ste. 101
Chicago, IL 60613

773-975-9500

info@marycook.com

Last modified:  January 15, 2009