USE OF SITE
This website is provided solely for the use of current and future customers of Sitting In A Tree to provide you with information about our company, to permit you to place orders for our services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- 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.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, writings, graphs, data, and other materials (Materials) are the property of Sitting In A Tree and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely during your membership period. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, Sitting In A Tree does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Notwithstanding anything to the contrary, you retain all your intellectual property rights to content you upload to the site. Sitting In A Tree will not reuse your uploaded content without your prior consent.
Sitting In A Tree offers two forms of membership. A monthly membership for $18.00 per
month or a one year membership for a flat fee of $180.00 (“Membership”). A Member will receive the right to use a design template and website domain (ownership is retained by Sitting In A Tree) during the term of the Membership.
PAYMENT FOR TRANSACTIONS
You represent and warrant that if you are making a purchase on our site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
DATA STORAGE AND LOSS
Sitting In A Tree will not be responsible for storage of data or uploaded content.
Sitting In A Tree strongly encourages you to maintain backups of all uploaded content and data. Without waiving this disclaimer, Sitting In A Tree will make reasonable efforts to store data uploaded for three months after the cancelation of your Membership.
DISCLAIMER OF WARRANTY
You expressly agree that use of this website is at your sole risk. Neither Sitting In A Tree, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this 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 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, Sitting In A Tree does not warrant reliability of any statement or other information displayed or distributed through the site. Sitting In A Tree reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Sitting In A Tree may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
￼THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. Sitting In A Tree MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Sitting In A Tree EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS 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
THE LIABILITY, IF ANY, OF SITTING IN A TREE AND ITS AGENTS, SERVANTS, REPRESENTATIVES, MEMBERS, OFFICERS, AND EMPLOYEES WITH REGARD TO YOUR USE OF THE SITE FOR ANY CLAIMS, COSTS, DAMAGES, LOSSES, AND EXPENSES FOR WHICH THEY ARE OR MAY BE LEGALLY LIABLE, SHALL NOT EXCEED $50.00. IN NO EVENT SHALL SITTING IN A TREE AND ITS AGENTS, SERVANTS, REPRESENTATIVES, MEMBERS, OFFICERS, AND EMPLOYEES BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.
You agree to indemnify, defend, and hold harmless Sitting In A Tree, 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 site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
that Sitting In A Tree obtains from you through your use of this website.
LIMITATIONS ON CLAIM
￼Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Sitting In A Tree may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this 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 Sitting In A Tree. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Sitting In A Tree. Sitting In A Tree 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 Sitting In A Tree. Links do not imply that Sitting In A Tree or this 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 Sitting In A Tree or any of its affiliates or subsidiaries. Except for links to information authored by Sitting In A Tree, Sitting In A Tree is neither responsible for nor will it be liable under any theory based on (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 on them, you do so at your own risk. Sitting In A Tree reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
The Agreement shall be governed and controlled by the laws of the state of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.
Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Kent County Michigan.
This Agreement constitutes the entire agreement between Sitting In A Tree and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sitting In A Tree with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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 of it 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 on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Sitting In A Tree 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 website, including but not limited to any consent you give to receive communications from Sitting In A Tree 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.