Website Terms of Use

Welcome to MarylouTyler.com.  By using this website you are agreeing to our Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. By using this website, you agree to visit the Terms of Use periodically and to review any changes that have been made.

You agree that by using this website, you do not obtain ownership rights in any of the website’s text, design, code, graphics or any other aspect of its content. You acknowledge MarylouTyler, LLC’s intellectual property rights in the same, and agree not to copy or reproduce any component of the website in any medium (or use any framing techniques to display any aspect of the website) without the advance, written permission of MarylouTyler, LLC. MarylouTyler and other names, slogans, and graphics on this website are state, federal, and/or common law trademarks of MarylouTyler, LLC. Other marks used on the website may be the property of MarylouTyler, LLC and/or other companies. Your limited license to use the website is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the website.

You are given a limited license to use the website in accordance with these Terms of Use. Any unauthorized use is strictly prohibited. You acknowledge and agree that you may not reproduce any aspect of this website in any other forum without the advance written permission of MarylouTyler, LLC. You agree not to attempt to gain unauthorized access to any portion of the website or to circumvent any of the website’s security features. You further agree not to take any actions that would interfere with the website’s operations.

You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the website. This website is designed for use by adults residing in the United States. If you access this website from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.

Some of our services can be utilized only though a password-protected account. To keep this account safe, make sure your password is confidential, and not used on any third-party applications. If you notice any suspicious activity in your account, contact MarylouTyler, LLC immediately.  You agree to notify MarylouTyler, LLC if your account has been compromised.

If MarylouTyler, LLC believes you have violated these Terms of Use, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the website. MarylouTyler, LLC may also disclose your personal information if necessary to prevent injury to or interference with the website based on your actions or the actions of a third party.

You agree that you have read the Privacy Policy which is incorporated herein by reference. If you ever upload any material to the website or post any comments on the website, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. MarylouTyler, LLC has the right, but not the obligation, to review and/or remove any user posted material.

Any content, ideas or suggestions you submit through the website will be deemed non-proprietary and will become the property of MarylouTyler, LLC with no compensation of any kind due to you for any use by MarylouTyler, LLC including, without limitation, the reposting or display of such commentary or ideas. By submitting information to MarylouTyler, LLC and/or its affiliates, you acknowledge that MarylouTyler, LLC may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant MarylouTyler, LLC all rights in your submission.

You represent and warrant that you have the necessary rights to upload or post the content you submit to the website and indemnify MarylouTyler, LLC and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on MarylouTyler, LLC’s use of the content or idea.

If you crate an account or upload or post any content to the website, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the website shall be accurate.

MarylouTyler, LLC is not responsible for any websites owned by third parties which may be linked to this website.

You agree that MarylouTyler, LLC has no obligation to allow you to use the website and that your access may be denied at any time for any reason. You may not use the website to break any law. If your actions using the website cause harm to MarylouTyler, LLC or any third party, you hereby agree to indemnify MarylouTyler, LLC, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.

In order to keep our services as up to date and secure as possible, we are always updating them. We reserve the right to change or remove and features or functions, and to terminate service all together.

These Terms of Use constitute the entire agreement between you and MarylouTyler, LLC regarding your use of this website (except for the Privacy Policy), and supersedes any and all other prior written or oral agreements or understandings between you and MarylouTyler, LLC regarding this website. MarylouTyler, LLC’s failure to insist on strict compliance with any of these Terms and Conditions is not a waiver of such terms, and you agree that such failure shall not inhibit MarylouTyler, LLC’s right to enforce such terms in the future based on laches, estoppel or any other legal doctrine.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Your use of this website is at your own risk. Neither MarylouTyler, LLC nor its owners, authors, or affiliates offer any representations as to the completeness, timeliness, or accuracy of this website (including, but not limited to, statements made within diaries or other posts) or representations as to the percentage or length of time the website will be available for public access. MarylouTyler, LLC has no duty to update or maintain this website. MarylouTyler, LLC assumes no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this website or your downloading of any materials, from this website, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.

MARYLOUTYLER, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MARYLOUTYLER, LLC DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRUPTED.

UNDER NO CIRCUMSTANCES WILL MARYLOUTYLER, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SHAREHOLDERS, PARENT COMPANIES, SUCCESSORS, ASSIGNS, VENDORS OR PARTNERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS ACTIVITIES) WHETHER OR NOT NOTICE OF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN PROVIDED, AND WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.

THE TOTAL LIABILITY OF MARYLOUTYLER, LLC AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEBSITE AND/OR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSTITE SHALL NOT EXCEED $100. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

By using or visiting this website, you explicitly agree to hold harmless MarylouTyler, LLC and its owners, employees, and affiliates from any and all claims, costs and damages which may arise directly or indirectly from your visit to this website.

In the event that you violate these Terms of Use, you agree that MarylouTyler, LLC will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If MarylouTyler, LLC does take legal action against you, you agree to pay all attorney fees and costs of such action.

These Terms of Use and any disputes related thereto shall be governed by the laws of the State of Iowa, and you consent to the state and federal courts of Polk County, Iowa as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Iowa’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Iowa and waive any objections related to jurisdiction, venue and forum non conveniens.

If any of aspect of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

If you believe that any aspect of this website infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:

MarylouTyler, LLC
c/o David W. Nelmark
Gislason & Hunter, LLP
317 Sixth Ave., Suite 1400
Des Moines, IA 50309