Terms and Conditions

Thanks for visiting my website! As you might expect, there are terms that govern your use of my site. I’m a lawyer by day, so here comes the legalese (Sorry!)…

By visiting my site (shawnalynnbrooks.com) (the “Website”) and/or signing up for my newsletter (the “Service”), you agree to be bound by the terms and conditions outlined below (“Terms”). These Terms apply to all users of the site, regardless of your reason for visiting.

You should read these Terms carefully before accessing or using the Website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website.

TERMS OF USE

ARBITRATION

BY VISITING THE WEBSITE OR SIGNING UP FOR THE SERVICE YOU AGREE THAT ANY ACTION, SUIT OR PROCEEDING INVOLVING THE USE OF SHAWNALYNNBROOKS.COM, OR THE CONDITIONS OF USE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF ALABAMA, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST SHAWNA LYNN BROOKS OR HER AGENTS, ATTORNEYS, EMPLOYEES, SUCCESSORS OR ASSIGNS MUST BE RESOLVED EXCLUSIVELY ARBITRATION, TO BE CONDUCTED IN MOBILE, AL. TO THE EXTENT THAT ANY CLAIMS ARE DETERMINED NOT TO BE ARBITRABLE, YOU AGREE TO BRING ANY SUCH NON-ARBITRABLE CLAIMS IN THE FEDERAL AND STATE COURTS OF ALABAMA ONLY, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN MOBILE, ALABAMA, FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, AND WAIVE ANY OBJECTION AS TO INCONVENIENT FORUM.

Miscellaneous

You represent that you are at least the age of majority in your state or province of residence. If you allow your minor dependent to use the Website, you represent that you are the age of majority and you have given me your consent to allow such minor dependent to use the Website.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms. If possible, the invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

The failure of Shawna Lynn Brooks to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Disclaimer of Warranties; Limitation of Liability

In no case shall shawnalynnbrooks.com, its owners, directors, officers, 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 Website or the Service, or for any other claim related in any way to your use of the Website or the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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.

Indemnification

You agree to indemnify, defend and hold harmless Shawna Lynn Brooks and her affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Changes to Our Terms of Use

I reserve the right to modify the Terms at any time, and those changes will be posted on the Website.  Please check the Website frequently, as changes in my Terms will apply retroactively, even if I do not notify you of those changes (and you understand that the posting of such changes on this Website will be the only notification provided).

Trademarks and Copyrights

Unless otherwise noted, all materials, including images, illustrations, designs, graphics, photographs, audio and video clips, and written and other materials that are part of the Website (the “Content”), are copyrights, trademarks, trade dress, service marks and/or other intellectual properties owned, controlled or licensed by Shawna Lynn Brooks.  You may access and view the Content on the website on your computer or other Internet compatible device for your personal, internal use only. Unless otherwise indicated, the Website, including any Content and Materials contained on it (or included in any newsletters issued by the Service), are only for your personal, non-commercial use.

Materials You Submit

I cannot be responsible for maintaining any Material that you provide to me, and I may delete or destroy any such Material at any time.  If you send materials to me, by submitting, sending or posting materials (the “Materials”), including ideas, messages, instructions, recipes and other materials you: (i) represent and warrant that (a) the Materials are original to you, that no other party has any rights to them, and (b) that the Materials, and their use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) you grant me and my licensees and assigns a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You agree to defend, indemnify and hold me harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, arising in any way from your placement or transmission of any message, content, information, software or other materials through shawnalynnbrooks.com, or your breach or violation of the law or of these Terms.

Notices of Infringement

If you feel that any information on this site has been posted in a manner that constitutes copyright infringement, please provide the following information:

All copyright infringement matters should be sent to me. Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of my relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) me.

You must submit notice, in writing, to:

Shawna Lynn Brooks

P. O. Box 850191

Mobile, AL 36685

shawnalynn@shawnalynnbrooks.com

Pursuant to 17 U.S.C. §  512(c)(3)(A), your Notification of Claimed Infringement must include the following:

The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

Identification of the copyrighted work (or works) that you claim has been infringed;

A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

A clear description of where the infringing material is located on our web site, including its URL, so that I can locate the material;

Your address, telephone number, and e-mail address

A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

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 owner’s behalf.