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Introduction. This agreement (”Agreement“) between You and Kim Nylander (”the Author“) consists of these Minnesota Penny Pincher (the “the Blog“) Terms of Use (”Terms“). “You“, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.

Privacy. When You leave a comment, the Author is automatically notified and receives IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Author for other purposes than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Author directly before leaving a public comment as these comments become the property of the Blog upon posting.  Be aware that laws regarding personal information and privacy may differ from Your location.

Blog content. All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Author is a part of. The Author is not a professional in any field and you should never substitute information from this Blog for information obtained from a professional; always consult a professional before using any information obtained from this blog.  This Blog is entirely written in English and the Author is not responsible for any misunderstandings and controversies that arise if You are not fluent with English.  The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Author. Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Blog.  The Author is not responsible for any relationships, purchases, or agreements entered into by You with regard to any product, service, or company referenced on this blog.

Copyright policy. All the text, images and other content being part of this Blog is property of the Author, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED WITHOUT EXPRESSED WRITTEN PERMISSION. Whenever copyrighted material is mentioned or use, the Author is doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (”Permalink“) to that page.

Comment policy. The Author is not responsible for the content of any comments made by the Commenter(s). The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Author will not delete critical comments or comments portraying a different opinion from the Author’s own. However, the Author reserves the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (”SPAM“) will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.

Forbidden actions. You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Author of this Blog.

Changes to the Terms. The Author reserves the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective immediately after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.

No Guarantee. The Author makes no guarantee regarding the validity of the content of the Blog. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, the Author makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Author.

Giveaways.  All giveaways, unless otherwise mentioned, are for citizens of the United States of America and void where prohibited.  Prizes are subject to change.  You may enter giveaways by submitting a comment to the appropriate Blog post.  Comments deemed as “spam” by the Author will be disqualified.  Unless otherwise mentioned, random winners are selected via random integer using Random.org.  Odds of winning depend upon the number of entries received.  Winners will be announced in a new Blog posting as well as on the Blog posting in which the contest was originally announced.  Winners will have 72 hours to respond to the request for their mailing address before forfeiting their prize which will then be awarded to an alternative winner.  Unless otherwise mentioned, giveaway prizes are shipped direc
tly by the sponsor.  Contact the Author if you do not receive your prize within a reasonable time frame so the Author may contact the Sponsor regarding the reason for the delay.  Your email address and mailing address are shared only with the prize sponsor to allow for proper shipping of your prize.  By providing your mailing address to the Author of this Blog, you indemnify the Author and the Blog against the sponsor’s actions regarding giveaways as well as any damages, losses, and legal or medical expenses that may arise from the use of the product(s) given away.  The Author is not responsible for failed delivery or a prize shipped by the sponsor or for discrepancies between the stated prize and the actual item shipped by the sponsor.  In addition, the Author is not responsible for any relationships, purchases, or agreements entered into by You with regard to any product, service, or company referenced on this blog.

Product Reviews.  The Author does not get monetary compensation to review products.  Receiving product samples does not influence the final review in any way.  The Author does not specifically endorse any product, service, or company, and the Author shall not be held responsible if You decide to purchase a product and are dissatisfied with it.  The Author’s comments and reviews are consultative and educational only and are provided solely to assist You in Your own best judgment.  The Author’s reviews and opinion are subject to change at any time.  The Author is not responsible for the accuracy or reliability of its opinion, advice, or recommendation of any product, service, or advertisement.  The Author is not responsible for damage caused by Your reliance on the information obtained from this Blog.  It is your responsibility to evaluate the accuracy, appropriateness, or completeness of any information obtained from this Blog.  Wherever applicable, You should seek out the advice of professionals in the appropriate field. 

Compensation.  The Author may be compensated through small percentages of products purchased through trusted affiliates and through advertising areas on the site.  All monies earned are used to maintain the Blog as a continued resource.

 No Warranty or Condition; Links. The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.

Limitations of Liability. IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).

Obligation to Indemnify. You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement. 

Applicable Laws; Venue. The Author operates the Blog from within the State of Minnesota in the United States of America and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the United States of America. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the United States of America. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the United States of America for purposes of such actions.

Legal notices and Contact information. If You are intending to carry out legal action of any kind against the Blog or the Author, you are required to contact the Author FOURTEEN BUSINESS DAYS before any legal claim is made. Please remember that the Author means to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Author, and allow fourteen business days for the reply to be received. The Author will do whatever possible to address Your concerns.

A big thank you to Kim and Giovanna for the disclaimer language!

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