Terms and Conditions
User agrees to hold harmless all parties associated with the creation of the content on this website including the community, its parent company, is employees and officers, IVY Marketing Group and its employees, officers, and partners for both companies.
- Hold Harmless shall fully defend, indemnify and hold harmless from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or.by administrative action of any federal, state or local government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of FSO, FV, GFG or IVY, its officers, owners personnel employees, agents contractors, invitees or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorneys’ fees, and related costs or expenses, and any reimbursements to user for all legal fees, expenses and costs incurred by it.
- Authority to Enter Agreement. Each Party warrants that the individuals who agree to the user terms and conditions have the actual legal power, right and authority to make this Agreement and bind each respective party.
- Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
- No Waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
- Attorney’s Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorney’s fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or Trier of fact who presides over such legal action nor proceeding is empowered to determine which Party, if any is the prevailing party in accordance with this provision.
- Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
- Enforceability, Severability and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limited such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as to limited. The intent of the Parties is to provide as broad an indemnification as possible under Illinois and United States law. In the event that any aspect of the Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Illinois and United States law.
- Applicable Law. This Agreement shall ber governed exclusively by the laws of Illinois without regard to conflict of law provisions.
- Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of DuPage County, Illinois. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each part consents to the dismissal or any lawsuit that they bring in any other jurisdiction or venue.