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Terms Of Use

(Effective August 1, 2012)

PLEASE READ THESE TERMS OF USE CAREFULLY.
By using this website, you agree to be bound by the following terms and conditions (the "Terms of Use"). This website is owned and operated by This Is Folly, LLC, a Minnesota corporation. As used in this Terms of Use, "This Is Folly, LLC," "This Is Folly," "Folly," "TIF," "we," "us" and "our" all refer to the owner of this website. Any products or services furnished via this website are furnished subject to the This Is Folly, LLC Standard Terms and Conditions of Sale, and if any of these provisions are in conflict, the terms of the This Is Folly, LLC Standard Terms and Conditions of Sale control.

We may change the Terms of Use at any time without notice to you. Please review the Terms of Use each time you visit the website. By using this website, it means you accept and agree to be bound by the most recent version of the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not view, access or use this website.

PROPRIETARY RIGHTS.
We or our licensors own the content on this website, including but not limited to all trademarks, logos, software, services, resources, designs, information, data, graphics, video and audio clips, text and images (the "Content"). The Content is protected by United States and foreign copyright and trademark laws. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. We reserve complete title and full intellectual property rights in all Content. Except as expressly authorized by the Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the website. This Is Folly may revise or delete any Content at its sole discretion.

LICENSE TO USE.
We hereby grant you a non-exclusive, limited and revocable license to view, access and use the Content on this website solely for your personal, noncommercial use. We reserve the right to revoke this license at any time. Your right to use the Content includes the right to e-mail, download or print portions of the Content, solely for your personal, noncommercial use, provided you retain all copyright and other proprietary rights notices included or associated with any portion of the Content. All rights not expressly granted are reserved. If you use any portion of the Content in a way that is not clearly allowed by the Terms of Use, your license will be automatically and immediately revoked.

LIMITATIONS ON USE.
You may not use any network monitoring or discovery software to determine the website architecture or extract information about usage or users. You may not remove, disable, defeat or change any functionality or appearances of the website. You may not use the website for gathering information for, or transmitting any form of, unsolicited commercial communication. You may not use the website for any illegal purpose. Any unauthorized use of the website is prohibited.

LINKS TO THIS WEBSITE AND USE OF THIS IS FOLLY MARKS.
You are hereby granted a non-exclusive, limited and revocable license to link to this website. This Is Folly reserves the right to revoke this license generally, or your right to use specific links, at any time. If This Is Folly revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive or malicious. Under no circumstances may you "frame" this website or any of its content or copy portions of this website to a server. You agree not to display or use any This Is Folly logo, trademark or service mark in any manner without our prior written permission.

LINKS TO OTHER WEBSITES.
This website may contain links to websites not operated by This Is Folly. We provide these links for your convenience since the information on such websites may be of interest or of use to you, but we do not review, approve, endorse, control or monitor the content of any other websites. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

YOUR FEEDBACK, COMMENTS AND IDEAS.
While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant This Is Folly an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that This Is Folly is free to use them for any purpose. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you. You agree that we shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions.

DOWNLOADING FILES OR APPLICATIONS.
This Is Folly cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.
NO WARRANTIES.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. This Is Folly HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This Is Folly MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

This Is Folly MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SUITABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

LIMITATION OF LIABILITY.
Under no circumstances, including, but not limited to, negligence, shall the This Is Folly be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the contents of this site, even if This Is Folly has been advised of the possibility of such damages.

INDEMNIFICATION.
You agree to indemnify and hold harmless This Is Folly, its members, officers, agents, partners and employees from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the website, your violation of the Terms of Use, or your violation of any rights of another person or entity.

OTHER RULES ABOUT THIS WEBSITE.
Your obligations under this section and the sections called "Your Feedback, Comments and Ideas," "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to our website and its features.

Our failure to exercise or enforce any right or provisions of these Terms of Use shall not constitute a waiver of such right or provisions.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The provisions of these Terms of Use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.

These Terms of Use and any dispute arising out of them shall be governed exclusively by the laws of the State of Minnesota, without regard for any conflict of laws principles. Any claim brought under these Terms of Use shall be brought exclusively in the state and federal courts located within the State of Minnesota.

These Terms of Use constitute the entire agreement between you and This Is Folly with respect to the use of this website.

 

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