The term ‘Randy Brush’ or ‘us’ or ‘we’ refers to the owner of the website whose registered mailing address is 792 E Rand Rd Arlington Heights, IL 60004. The term ‘you’ refers to the user or viewer of our website.
- 1.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- 1.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- 1.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- 1.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, functionality, program development, library elements, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- 1.6 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- 1.7 Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- 1.8 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- 1.9 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Illinois.
INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
- 2.1 You may not sub-license, resell or otherwise market the RandyBrush.com concept other than as a website. You may not use the concept, design, layout and/or other elements to compete with us.
- 2.2 Other than the restrictions to use set out in paragraph 2.1., you may not alter, merge or adapt the material in any way. You may not: (i) remove, modify or obscure any copyright, trademark or other notices of proprietary rights; and/or (ii) reverse engineer, decompile or disassemble the material.
- 2.3 We retain rights in the underlying source code, standard functionality (including, but not limited to, web site structure, coding, contact forms, and scripts), and/or the material. We retain ownership, including the right to use, license, sell and otherwise commercialize the material and/or the concepts developed by us in performing our work hereunder for other purposes, including, but not limited to, creating other websites which incorporate functional elements of the RandyBrush website.
- 2.4 If we have not provided a license for you to use the software or content structure, you agree to procure appropriate licenses to use the software and content (Required Licenses). “Required Licenses” means any licenses, consents or approvals required to use, software, hardware and other items installed on the Site, or whose use is facilitated by the website. You agree to provide us with copies of the Required Licenses promptly following our written request.
- 2.5 From time to time you may provide us with information that may be used by us to improve the products and services we provide to you and other customers (Feedback Information). We shall own all intellectual property, and other rights in the Feedback Information.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS TOS FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Client agrees to defend, indemnify and hold harmless Randy Brush, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Randy Brush‘s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by RandyBrush or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless RandyBrush, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
Copyright and Trademark Notice
RandyBrush.com website and its contents, including, but not limited to all included text, photographs, graphics, illustrations, video, sound, and other material (all these collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Randy Brush or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the RandyBrush website are service marks and/or trademarks of Randy Brush or its third-party licensors. Copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any marks in any form or by any means without the express written permission of the Company is strictly prohibited and shall violate the international copyright or trademark laws, those of the United States and/or other countries.