Welcome to TheChiGuide.com (the “Web Site”). The Web Site is an informational service provided by Flurie, LLC, an Illinois limited liability company (“Flurie”). These Terms and Conditions of Use (“Terms and Conditions”), as updated by Flurie from time to time, govern your use of the Web Site. You should carefully read the Terms and Conditions before using the Web Site. Flurie reserves the right to change the Terms and Conditions any time, and you must consult the most recent version of the Terms and Conditions each time you view the Web Site. Do not use the Web Site if you do not agree to all of the Terms and Conditions. By viewing, using or accessing the Web Site, you are agreeing to the Terms and Conditions.
These Terms and Conditions do not apply to your use of web sites not owned and operated by Flurie, even though the Web Site may link to such web sites. The linked web sites are not under the control of Flurie and Flurie is not responsible for and does not certify the operation or content of any linked web site or any link contained in a non-affiliated linked web site.
Flurie does not endorse or take responsibility for the operation or content, advertising, products or other materials available through any other web site. If you decide to access any of the third party sites linked from the Web Site, you do this entirely at your own risk. Under no circumstances will Flurie be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any content, goods or services available on any other web site.
Flurie does not assume any responsibility or liability for the contents of any material on the Web Site. You agree that Flurie shall have no liability or responsibility for any injuries or damages arising from any use of information, ideas or instructions contained on the Web Site. Use of the Web Site or reliance on any information provided by or on the Web Site or by other visitors to the Web Site is solely at your own risk. Flurie makes no representation or warranty of any kind regarding the Web Site and its content or the results that may be obtained from use of the Web Site or its content.
The messages submitted to the Web Site via the various Flurie blogs (the “Flurie Blogs”) or elsewhere and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are not the responsibility of Flurie. The fact that a particular message is posted on or transmitted using the Web Site does not mean that Flurie has endorsed that message in any way or verified the accuracy or completeness of the message. If you are an author (including direct poster to the Flurie Blogs) you agree that by submitting messages, you warrant that you have the right to do so and you are granting Flurie an irrevocable, perpetual license to use, display, publish, transmit, modify and edit the messages in any way Flurie deems fit and you agree to indemnify Flurie, worldwide for any claims related to such messages against Flurie.
Flurie and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the Web Site. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by the Web Site or submitted to the Web Site.
Except as expressly provided by relevant intellectual property law, copying, redistribution, commercial use, or publication of posted materials must be with the express permission of Flurie and the owner(s) or such authorized person(s), if other than Flurie. Flurie respects the intellectual property rights of others, and Flurie expects you to do the same. If you suspect that your intellectual property is being infringed by data posted on the Web Site, you can file a signed complaint pursuant to the Digital Millennium Copyright Act (the “Act”) with our designated agent. The complaint should include the copyrighted work claimed to have been infringed, and identification of material claimed to be infringing your copyrighted work. The designated agent to receive notification of claimed infringement under the Act is Alexander Lurie, 3000 N. Sheridan Rd., Apt 13F, Chicago, IL 60657, 415-686-2149, Alexander@thechiguide.com.
Flurie provides the information on the Web Site “as-is” for general information only and without any warranties. Flurie disclaims all express and implied warranties, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability and fitness for a particular purpose. Flurie makes no warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
In no event will Flurie, nor anyone who helped develop, create, produce or deliver the material and information on the Web Site, be liable for any loss of profits, business, use, or data or for indirect, special, incidental or consequential damages of any kind whether based in contract, negligence or other tort. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), the total liability to you of Flurie shall in no event exceed the amount paid to Flurie by you, if any, for accessing the Web Site.
Flurie does not endorse, warrant, or guarantee any products or services offered on the Web Site. We are not a party to, and do not monitor, any transactions between users and third party providers of products or services.
You agree to indemnify and hold Flurie and its officers, directors and employees harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms and Conditions or to your access or use of, or your inability to access or use, the Web Site or the information contained in the Web Site or other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Web Site or another web site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. In no event will Flurie or the contributors of information to the Web Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Choice of Law and Forum. These Terms and Conditions and the relationship between you and Flurie shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Flurie agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, Illinois.
Waiver and Severability. The failure of Flurie to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.