Terms and Conditions

Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to https://beliketom.com (the “Website”), and Be Like Tom, Inc. (NFP) (“Be Like Tom”) and describe the terms on which you may access and use the Website. By using the Website, you signify that you have read, understand and agree to be bound by the Terms of Use. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the Be Like Tom’s Privacy Policy and the Terms of Use, the Terms of Use shall control.

Be Like Tom may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review the Terms of Use every time you use the Website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

Termination

Be Like Tom reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of the Terms of Use.

Proprietary Rights in Content on Website

All content on the Website (the “Content”), including, but not limited to, design, text, graphics, other files, and their selection and arrangement, is the proprietary property of Be Like Tom. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Be Like Tom’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. All content on the Website is Copyright © 2020 Be Like Tom, Inc. All rights reserved.

Links to Other Websites

The Website contains links to other websites. Be Like Tom is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Be Like Tom. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by Be Like Tom. If you decide to leave the Website and access these third-party websites, you do so at your own risk.

Indemnification

By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless Be Like Tom and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Website.

Without limitation of any of the terms and conditions set forth in Be Like Tom’s Privacy Policy, you understand and agree that Be Like Tom may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or protect the rights, property, or safety of Be Like Tom and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BE LIKE TOM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. BE LIKE TOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

BE LIKE TOM MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BE LIKE TOM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BE LIKE TOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BE LIKE TOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL BE LIKE TOM’S TOTAL CUMULATIVE DAMAGES EXCEED U.S. ONE HUNDRED DOLLARS ($100.00).

Trademark

Be Like Tom, the Be Like Tom primary logo, and other Be Like Tom logos are protected by state and federal trademark laws. You agree not to display or use these trademarks in any manner without Be Like Tom’s prior written permission. Other trademarks appear on the Website with permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.

Governing Law

The Terms of Use between you and Be Like Tom will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles.

Jurisdiction

The Website is controlled and operated by Be Like Tom from its principal office in the State of Illinois, United States of America. Be Like Tom makes no representation that materials on the Website are appropriate or available for use in other locations. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules. The Website is not intended to subject Be Like Tom to the laws or jurisdiction of any state, country or territory other than the State of Illinois and the United States of America.

Notices

Be Like Tom may deliver notice to you by means of email, a general notice posted on the Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to Be Like Tom. You may give notice to, or submit comments or questions to Be Like Tom at any time via email or by letter delivered by first-class postage prepared U.S. mail or overnight courier to the following addresses:

Be Like Tom, Inc. (NFP) 

4108 North Greenview Avenue 

Chicago, Illinois 60613

ATT: Karen E. Leone, Esq. 

Email Address: 

karen@beliketom.com

Survival

The provisions of the Terms of Use entitled “Indemnification,” “Disclaimer of Warranties,” “Limitation of Liability,” “Jurisdiction” and “General Provisions” will survive the termination of the Terms of Use.

General Provisions

Except as provided in a particular “Legal Notice” on the Website, the Terms of Use, along with the Be Like Tom Privacy Policy, constitute the entire agreement and understanding between you and Be Like Tom with respect to use of the Website, superseding all prior or contemporaneous communications with Be Like Tom. The Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are displayed for convenience only and have no legal effect. Nothing in the Terms of Use shall be deemed to confer any third-party rights or benefits.