The Drizzle Effect

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Terms of Use

(updated 4.10.2023)

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Drizzle Effect, LLC (“Drizzle Effect”, “we,” “our,” “us,” or “Licensor”) provides a website at https://www.maryostrowski.com.  Our website and the Services provided through the website or our applications (collectively the “Site”) is provided to the user or the person using our Services or accessing our Site.  The following terms and conditions, including those documents incorporated herein by reference (collectively, the “Terms”) are a legal agreement between Drizzle Effect on the one hand, and you on the other. By signing an Order or Agreement, having access to, receiving, and/or using the Services provided by Drizzle Effect you agree, without limitation or qualification, to be bound by and to comply with these Terms. You may not use the Services unless you accepts these Terms and have the power and legal right to form a contract with Drizzle Effect under these Terms. Any individual using, accessing or procuring Services in the name of or as part of such individual’s responsibilities within an organization, or who submits to the Service data controlled by such organization, represents and warrants that such individual is authorized and intends by those actions to bind such organization to these Terms.

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License. Permission is granted to use the materials on our website and our Services for personal, non-commercial transitory viewing only unless granted a broader license through an Order or Agreement.  This is a grant of a license, not a transfer of title, and under this license you may not: (i) modify or copy the materials, (ii) use the materials for any commercial purpose, or for any public display (commercial or non-commercial), (iii) attempt to decompile or reverse engineer any software contained on our website or within or Services; (iv) remove any copyright or other proprietary notations on our materials; OR (v) transfer the materials to another person or mirror the materials on any other server.

Data. As between Drizzle Effect and you, all your data remains your sole property. You grant to Drizzle Effect a non-exclusive license to use and reproduce your data to the extent necessary to provide, maintain, and improve the Services. Drizzle Effect will also have the right to (a) use and analyze data about the use of the services by you order to maintain and improve the Services, and (b) to disclose statistics aggregating your usage data with Drizzle Effect’s other clients’ data for marketing and other purposes; provided that such data and statistics are not used except as de-identified or aggregated in a manner which renders identification of natural persons infeasible, and are never disclosed to any third party (except Drizzle Effect subcontractors in connection with the provision of the Services) other than in an aggregated format from which neither the identity of Client nor the identity of any natural person can reasonably be derived.

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Data Compliance.

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1. Drizzle Effect has implemented commercially reasonable and appropriate technical and organizational measures intended to secure your Data from accidental loss and from unauthorized access, use, alteration or disclosure.

2. Drizzle Effect will not use or sell your personal information to market or advertise.

 

The terms and conditions of the Drizzle Effect Privacy Policy (which may be viewed here is incorporated herein by reference, shall apply to your use of the website and services, and you hereby acknowledge and agree to the terms thereof. The Drizzle Effect Privacy Policy may be amended from time to time.

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Suggestions, Ideas and Feedback; Client Data. Drizzle Effect shall have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service.

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Responsibilities.

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You shall: (a) have sole responsibility for all activities that occur under your user accounts and for all your data; (b) use commercially reasonable efforts to prevent unauthorized access to, or use of, the services and notify Drizzle Effect promptly of any such activity; and (c) comply with all applicable local, state, federal, and foreign laws (including the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time) in using the website and services.

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Definition of Confidential Information. As used herein, “Confidential Information” means all information of a party (“Disclosing Party”) which the Disclosing Party designates in writing as being confidential when it discloses such information to the other party (“Receiving Party”), including without limitation these Terms, the Hosted Service and any nonpublic information regarding the same, business and marketing plans, technology and technical information, product designs, and business processes (whether in tangible or intangible form, in written or in machine readable form, or disclosed orally or visually). Confidential Information shall not include any information that: (a) is or becomes generally known to the public without the Receiving Party’s breach of any obligation owed to the Disclosing Party; (b) was independently developed by the Receiving Party without the Receiving Party’s breach of any obligation owed to the Disclosing Party; or (c) is received from a third party who obtained such Confidential Information without any third party’s breach of any obligation owed to the Disclosing Party.

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Protection. Neither party will disclose the other party’s Confidential Information, or use the other party’s Confidential Information for any purpose other than to perform its obligations or exercise its rights under these Terms. Each party will protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event shall either party exercise less than reasonable care in protecting such Confidential Information. Further, to the extent that you are subject to a freedom of information act, open records law or similar legislative or regulatory obligations (“Disclosure Laws”), you agree that it will treat Drizzle Effect’s Confidential Information as subject to exemption from disclosure as “confidential commercial information” or any similar category of information subject to exemption from disclosure to the maximum extent possible under the relevant Disclosure Laws.

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Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior written notice of such compelled disclosure and reasonable assistance (at Disclosing Party’s cost) if the Disclosing Party wishes to contest the disclosure. Without limiting the generality of the foregoing, you agree that it will provide Drizzle Effect with the maximum notice period and right to object to disclosure of Drizzle Effect Confidential Information available under the applicable Disclosure Laws.

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Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.

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Warranties & Disclaimers.

Warranties. Each party represents and warrants that it has the legal power to enter into these Terms, and that it has the right and authority to grant to rights granted under this Agreement. 

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DRIZZLE EFFECT MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Limitation of Liability and Action.

Limitation of Liability.

IN NO EVENT SHALL DRIZZLE EFFECT HAVE ANY LIABILITY HEREUNDER FOR ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT DRIZZLE EFFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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IN NO EVENT SHALL DRIZZLE EFFECT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, UNDER ANY THEORY OF LIABILITY, EXCEED THE GREATER OF $500.00 OR THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICE DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

Limitation of Action. No action (regardless of form) arising out of the use of the website or services may be commenced by either party more than two (2) years after the incident/injury upon which the action arises.

Governing Law; Disputes.

Any claim arising by use of the website or services shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of Maryland, without regard to its conflict of laws provisions. The federal and state courts located in Annapolis, Maryland shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating use of the website or services, and each party hereby submits to the personal jurisdiction and venue of such courts. The parties acknowledge and agree that any unauthorized disclosure or use of a party’s confidential information or intellectual property would cause such party irreparable harm for which monetary damages would be inadequate. Accordingly, in the event of such a disclosure or use, the aggrieved party may seek injunctive or other equitable relief to enforce this Agreement in addition to any available legal remedies. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.